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Fort Lauderdale, Florida 33301
Phone: (954) 779-7009
Schecter Law

Posts Tagged ‘Residential’

3 Reasons to Buy a Pre Foreclosure Property

August 11th, 2010

By Mark Schecter | No Comments »

pre-foreclosureA pre foreclosure is a property that is only steps away from being repossessed by the mortgage lender.

While the foreclosure process is ongoing, the homeowner is allowed to live in the home and make decisions to sell the property.

In most cases, if the homeowner is willing and able to bring his mortgage current, the lender is eager to stop the proceedings and allow him an opportunity to stay in the home.

However, sometimes the owner cannot afford to keep the property and must sell as quickly as possible.

Here’s why you may want to consider buying pre-foreclosure:

Price

Pricing is a major benefit when it comes to buying pre-foreclosures. Because the homeowner is forced to sell the property to prevent losing it, he or she are more inclined to consider prices that are substantially lower than the property’s actual value.

It is not unusual to find a pre-foreclosure property at half (or less than half) of its value.

Timing

Florida’s real estate market is saturated with a huge supply of pending foreclosures.

If you are able to get a loan, now may be a great time to buy prime, upscale real estate as homeowners continue to drop prices.

Negotiate with Property Owner

You can negotiate directly with the property owner when you’re buying a pre-foreclosure. This gives you an advantage.

You have leverage to negotiate a good deal and the homeowner has an incentive to sell the property fast to prevent losing it to the mortgage company.

Find Pre Foreclosures

You can start your search for pre-foreclosures in the same places you would look for other properties.

Search the Internet. Browse the local newspapers. Visit the foreclosure courts in and around your county.

If you need help locating pre-foreclosures, call 954-779-7009 or email our  real estate lawyers today.

Buying Foreclosures in Upscale Communities

August 6th, 2010

By Mark Schecter | No Comments »

Beautiful Home, St. Pete, FLWhile Florida’s real estate market attempts to recover from the historic crash, a large number of properties remain in the foreclosure process.

From April to June 2010, about 14,500 foreclosure actions were filed in the Florida courts, but only a percentage of those properties are inhabited by the homeowners.

Others that remain vacant may be promising opportunities for investors or families looking to move.

The foreclosure process can take months to complete and with the current backlog, it may take longer.

In some cases, the lender and homeowner must sit for mediation in hopes of avoiding the foreclosure. And although the goal is to mediate within 120 days, that doesn’t always happen. If the two sides cannot reach an agreement, the process continues until the lender succeeds at repossessing the property. A judgment is then entered and the foreclosure sale is scheduled.

If you have thought about buying another home, now is a good time to consider foreclosures. (Perhaps it’s great timing to buy into that upscale community you love!)

You don’t have to wait to buy from the banks. You can buy your dream home and at a fraction of its actual value.

If you are a property investor, upscale foreclosures are a good way to diversify your real estate portfolio.

Like most investors, you want to buy properties that will increase in value and be worth more than you paid when you’re ready to sell. If you find the right foreclosure at a good price and in a nice community, when the market rebounds you can sell it for significantly more than you paid.

Or you can rent the property as there is a demand for rentals throughout the South Florida area.

Are you looking to relocate? Have you considered buying a foreclosure?

Before you start your search, contact our real estate lawyers for help finding foreclosures in upscale communities.

Image credit: EPI Photography

Florida Title Examinations and Title Insurance FAQ

July 19th, 2010

By Mark Schecter | No Comments »

title insurance

What is a title?

A title legitimizes your ownership rights in a property. If the title is free of any blemishes, it’s considered a “clear title.” If inconsistencies or other problems are found, the title may be deemed defective.

What is a title examination?

Before you buy any real estate, it is imperative that you have a thorough title examination performed. This will allow you to confirm you are buying a property that has a clear title that can be conveyed without difficulty.

A title examination also reveals the history of ownership (known as the “chain of title”) for the property. Each time a Florida property is sold, the purchase is recorded as public record in the county court. The chain of title will reflect every time the property was bought or sold.

Can a title be transferred from one person to another?

Yes. There are several ways a title to a property can be transferred. Most often, a written deed is used to change ownership from one person to another. Other ways a transfer can take place is through inheritance, a court order, and a will.

What is title insurance?

Title insurance is an insurance policy that protects the real estate buyer and the mortgage holder against loss caused by defective titles, liens, or encumbrances. Most mortgage lenders in the United States require the buyer to purchase a title insurance policy that will protect the lender’s interests in real estate loans.  A title insurance policy will cover the property indefinitely – until the ownership changes.

Who needs title insurance?

Title insurance protects both the property buyer and lender from liabilities that can stem from a defective title. However, federal law – specifically the Real Estate Settlement Procedures Act (RESPA) – establishes that the buyer has a legal right to pick a company to insure the title.

Our Florida real estate attorneys routinely provide title examination and title insurance for residential and commercial clients. This includes an extensive search of the public records to confirm there are no adverse claims or other defects in the property’s title.

Contact our real estate lawyers today to protect your commercial and residential property. You can use this form to email or call us at (954) 779-7009.

Renters Affected by Rising Foreclosure Rates

June 3rd, 2010

By Mark Schecter | No Comments »

rentalHomeowners are not the only people affected by the rising foreclosure rates.

In some parts of Florida, renters are also experiencing problems as a result of default mortgages they have no control over.

As a renter, you are not responsible for a mortgage but your landlord is. If he is unable to pay the mortgage on the rental property, the loan will go into default and the bank can take the home back from the landlord.

You can find yourself facing eviction with limited time to vacate the property.

This can cause a tremendous amount of stress as you struggle to not only locate a new home, but come up with the cash needed to satisfy the deposit.

In addition to sudden evictions, Florida residents in some locations are seeing a rise in rental prices.

A number of factors contribute to the rising costs, including the fact that many renters are waiting for home prices to bottom out before making a decision to buy. And as the demand for rental properties increase, the prices do too.

Although the market is showing signs of steady improvement, lenders have tightened their restrictions and now require close-to-perfect credit and larger down payments.

If you’d like more information about leasing residential (or commercial) property, contact our Fort Lauderdale real estate attorneys today. You can use this form to email or call us at (954) 779-7009.

Are you a Commercial Tenant Dealing with Foreclosure?

February 24th, 2010

By Mark Schecter | No Comments »

We all know the foreclosure rate in Florida has hit an all time high in the commercial and residential real estate markets. We see it in the news coverage, hear it over the radio, and read it in magazines and newspapers throughout the state.

But, what does this mean for you?

How Foreclosure Affects Commercial Tenants

While there are several commercial property owners that outright own their real estate; there are others that lease their space. When the property owner is unable to pay his/her mortgage loan and later loses the commercial property to foreclosure, the tenant is usually left suffering and in search of a new location.

The media coverage focuses primarily on how property owners are affected by foreclosures, and not as much on the tenants that lose out in the process.

If you lease commercial (or residential) property in Florida, you should be aware of your rights as a tenant of any property facing foreclosure.

Notification of Foreclosure Proceedings

In many situations, the tenant is the last to hear the commercial property is facing foreclosure, and you may be left wondering where you stand and where you can turn to discuss your options.

In some states, a valid eviction (even after foreclosure) requires that the property owner is notified in writing before an eviction takes place. Where you live will determine how much time you are granted to vacate the property. The time frame can range from weeks to a month, so it is important that you consult a Florida real estate attorney in your area as soon as possible.

Are you a commercial tenant dealing with a foreclosure issue? If so, contact our South Florida real estate attorneys today.

Tips to Help Sell your Home in the Current Market

January 15th, 2010

By Mark Schecter | No Comments »

Many real professionals are advising homeowners to hold on to their homes (and mortgages), and wait before trying to sell their property in the current real estate market. There are certainly many reasons this type of advice is given. The market in most areas remains oversaturated with inventory, prices have not stabilized and as a result, are continuing to decline substantially.

The housing market is not expected to rebound considerably for at least several months or maybe years. In many locations, it could be years before the real estate markets begin to stabilize. Thus, the common advice is that you should not attempt to sell your home in South Florida’s current real estate market; instead, you should wait for the market to stabilize and housing values to creep up again. 

forsale-sign

Although this seems like sound advice, it’s not for everyone. There are times when homeowners cannot afford to wait to sell their homes. In many instances, it is becoming more and more difficult to make their monthly mortgage payments and they are facing foreclosure due to layoffs and continued unemployment. In these cases, it may be in the homeowner’s best interest to sell their property as soon as possible.

If you are a homeowner trying to sell your property in the current real estate market, there are a few things you can do to make your job a lot easier.

Are home improvements necessary?

Years ago, the experts would tell you to renovate your home and add a few “extras” before putting it on the market, in hopes of increasing its value. The same is not the case today as we’re in a different climate. There are times you may have to repair and possibly renovate an area of your home to make it more attractive to a buyer; however, you should tread cautiously when doing so.

The most common mistake that many sellers make when trying to sell their home is adding the cost of remodeling to the sales price. This is risky because in the current market, there is no certainty you will be able to recover the money you invest in the renovation from the buyer.

Many experts today are pointing out simple things that buyers can do to make buyers more interested in their homes. That includes making sure it is clean, neat, clutter-free and presentable for prospective buyers. 

Before you begin making improvements to your home to increase its value, it may be a good idea to seek professional advice. This can help you decide where you should spend your money to get the most out of your investment. In most cases, this can include new paint and flooring, however, this can vary depending on the market you’re in.

Should you take care of the home inspection?

In the past, sellers would typically wait until there was a contract on their home before having it inspected, and would require the buyer to pay for said inspection. In today’s market, smart sellers are being more proactive and having their homes inspected prior to placing them on the market. This saves the buyer the cost of the inspection, gives them a peace of mind, and will help set you apart from all of the other sellers in your area.

Do you have tips about selling your home in the current market? If so, please share them with me and my readers in the comments section below.

Extension of $8000 Tax Credit for First-Time Home Buyers

October 31st, 2009

By Mark Schecter | No Comments »

home-for-saleEarlier this year, lawmakers passed an $8000 tax credit for first-time home buyers. As the tax credit gained popularity, first-time buyers began taking advantage of the credit which resulted in a welcomed increase in the number of home sales.

In August 2009, the National Association of Realtors (NAR) reported that for the first time in five years, real estate sales increased for four consecutive months. Home buyers are not only using the tax credit to purchase new properties, a large amount of foreclosures and distressed properties are being purchased as well.

As the November 30th deadline approaches, home builders and real estate professionals are concerned that home sales will drop. They, with the help of NAR, are urging lawmakers to extend the $8000 tax credit to give more people an opportunity to purchase homes.

Majority Leader Harry Reid, Chairman of the Senate Finance Committee Max Baucus, and other top Democrats are pushing a plan to extend the tax credit deadline for first-time home buyers from November 30, 2009 until March 31, 2010. Their plan counters a bipartisan plan that’s aiming to extend the tax credit until June 30, 2010, increase the income limitations, and offer the credit to all buyers, not just first-timers.

There is a possibility the Reid and Baucus plan will be presented to the Senate for a vote in the next few days. We will keep you posted on the tax credit extension.

Update (as of November 9, 2009):

On Friday, November 6, 2009 President Obama signed into law an extension of the $8000 tax credit. Now, first-time home buyers have until April 30, 2010 to take advantage of the extended $8000 tax credit. In addition to the extension for first-time home buyers, a tax credit of $6500 will be available for current home buyers that have been waiting patiently for the right time to purchase a larger home.

With the new law, the income limits have been increased substantially, by nearly fifty percent (50%). Married couples making less than $225,000 and single individuals making no more than $125,000 will be eligible for the new tax breaks.

You can compare the details of the initial and expanded tax credits here.

Read the NAR’s article regarding the tax credit extension to first-time and current home owners.

And, listen to NAR President Charles McMillian’s podcast announcement here.

Florida Bank Closures Due to Real Estate Market?

October 15th, 2009

By Mark Schecter | No Comments »

As the US economy shows signs of recovery on one hand, the banking industry is still suffering on the other. South Florida is only one of several areas throughout the U.S. that is dealing with small and large bank closures due to ailing commercial and residential real estate markets.

Since January 2009, more than 103 banks in the United States have failed; many of which ceased operations and closed their doors overnight. To make matters worse, it has been speculated there are several other banks – possibly hundreds – that are struggling every day to stay afloat and remain viable throughout this banking crisis recovery.

In recent days, the Federal Deposit Insurance Corp reported that three (3) banks in Florida had failed:

  • Partners Bank of Naples, Florida
  • Hillcrest Bank of Naples, Florida
  • Flagship National Bank of Bradenton, FL

Collectively, these banks reported $341.7 million in assets and $322.4 million in deposits.

It has been estimated the deposit insurance fund will lose nearly $120 million due to the three bank failures mentioned above. However, although the banks are suffering huge losses, most account holders’ money is safe in that the FDIC guarantees up to $250,000 on each account.

Experts agree the US has not seen bank failures of this magnitude since 1992 when several banks closed as a result of the Savings and Loan Crisis.

Many believe the current bank closures are primarily a result of failed mortgages in the commercial and residential real estate markets. They are probably correct. The Florida real estate market is no stranger to residential and commercial foreclosures, declining home prices, low demand, and high supply.

We likely have not witnessed the end of bank closures in South Florida. In the third quarter, three local banks fell into the “significantly undercapitalized” category, which means their capital ratios are low enough to warrant regulatory action. Those banks are Sun American Bank, Premier American Bank, and Republic Federal Bank. Unfortunately, these banks are not alone. Several other South Florida banks reported undercapitalization at the end of the third quarter.

Despite the seemingly constant barrage of negative information we hear about the banking crisis, there has been progress made and there may be more good news on the horizon for small banks.

The Obama administration recently announced it would provide funds from the $700 billion financial bailout to banks at low interest rates in exchange for them agreeing to increase their lending to small businesses. And, if it’s a bank servicing small businesses in low-income urban and rural areas, funding will be provided at an even lower rate. If you are an entrepreneur or small business owner seeking funding from lenders, relief may be on the way.

South Florida Property Owners Dispute Tax Assessments

October 8th, 2009

By Mark Schecter | No Comments »

Over the last couple of years, South Floridians have watched helplessly while their property values plummeted. The historical loss of values has led to a sharp increase in property tax assessments disputes for residential and commercial properties in South Florida.

calculator-sm

Palm Beach County

During the month of September, the residents of Palm Beach County filed nearly 20,000 petitions disputing their property tax assessments. In 2008, there were approximately 13,000 petitions filed; 25% of which were filed by commercial property owners, and much of the remainder by residential and land owners.

Broward County

By its September 18th deadline, Broward County received more than 30,000 property tax disputes, significantly more than Palm Beach County. Of the petitions, approximately 10,000 were filed for commercial properties, 3,000 for vacant lots, and 6,400 were for condo units.

Miami-Dade County

Although Miami-Dade County has yet to enter all petitions into its system, it has been estimated there are more than 60,000 petitions so far, and county officials expect they will exceed the 70,000 petitions filed by property owners in 2008.

Source: South Florida Business Journal

New Residential Construction on the Rise

July 20th, 2009

By Mark Schecter | No Comments »

construction-sm

According to the US Department of Housing and Urban Development and Census Bureau, the number of new homes being built has risen more than three (3) percent since last year.

However, while single family construction is on the rise, multi-family construction projects like condominiums and apartment homes have dropped drastically, approximately twenty five (25) percent. This is due primarily to financing.

Although home loans are difficult to obtain they are still available, unlike funding for commercial projects which remains somewhat dry.