Foreclosures in Florida are judicial, which means that the lender must file a lawsuit in state court. In Florida, a foreclosure sale can’t occur before a foreclosure judgment is entered due to the fact that the lender must file a lawsuit.

To initiate the foreclosure process, the lender files a complaint to the court and the court then serves the borrower. Along with serving the complaint, the court also provides the borrower with a summons allowing them twenty days to file an answer. If the borrower does not respond within the twenty-day limit then the court can grant a default judgment to the lender, resulting in the borrower losing the case.

If the borrower does reply to the summons the lender has two options; they can either file a motion of summary judgment or go to trial. A motion of summary judgment is where the court grants judgment in favor of the lender if they see that there are no disputes to the important facts of the case.

Most lenders choose to file a motion of summary judgment because it’s quicker than going to trial. Likewise, most judgments go in favor of the lender because the court observes that the homeowner does not have much of a defense and therefore they wouldn’t have anything to present at trial.

However, the judge can deny the motion of summary judgment and the case can go to trial. If the borrower loses the trial than the court will enter a final judgment of foreclosure against you. Due to all of these phases, a foreclosure sale can’t occur before a foreclosure judgment is passed. Once the judgment is passed, then the foreclosure sale can proceed.

Stephen K. Hachey, a Florida foreclosre attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When you see an LPHI charge on your mortgage statement, it likely stands for Lender Placed Hazard Insurance. Your mortgage company will buy insurance on your property if you don’t have it, or if what you have is not enough. The purpose of this insurance is to protect the lender’s financial interests if some kind of catastrophe occurs and your home is damaged or destroyed. The lender wants to be able to count on your home loan being paid.

Usually, homeowners are responsible for getting their own homeowner’s insurance in order to cover all possible hazards. If you have an LPHI charge from your mortgage company, you should try to find your own insurance because it will likely be cheaper. If you do have insurance, talk to your lender about why they have placed their own insurance on your property. It’s possible they simply have not received proof of your coverage, or perhaps the coverage you have purchased is not adequate to meet their requirements.

This type of lender-initiated cost should not come as a surprise to you. Mortgage companies are legally required to inform you when they order this type of insurance policy. If you did not receive any notice from your mortgage company, you might want to contact a real estate attorney for some advice on how to proceed.

Also called a forced-place insurance policy, LPHI charges will be added to your monthly mortgage payment. That means on top of the principal, interest and any escrow tax payments; you’re also paying for your mortgage company to insure your house. This isn’t an ideal scenario, so see what you can do about getting your own hazard insurance up to date so the LPHI charge disappears.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Usually, when a homeowner buys a property in a specific community, such as a gated country club community that provides amenities like golf and tennis, paying for an equity ownership is required. However, each locality and every property association is going to have a different set of rules. The quick answer to whether you have to pay equity ownership in the community where you’re buying a home is yes. Even if you’re purchasing a foreclosure property or getting a great deal in a short sale and you’re mostly interested in the property and not so much in the country club, you’re still responsible for the requirements of that community.

If you’re an investor or you’re planning to rent out the house or flip it for profit, you’re still going to have to pay for that equity ownership in order to access the title to the home you purchased. Take a look at the bylaws or the rules and regulations of the country club before you close. The stipulations must be clearly defined and spelled out somewhere. It can be frustrating to have to pay for equity ownership in a community that you don’t actually plan to live in. However, that could be included in the terms of the sale, and you’ll want to know that for sure before it’s too late.

Talk to a lawyer if you think there’s a case to be made. Lawsuits have probably been filed in your jurisdiction around this issue, and if a precedent has been set, you’ll likely be required to follow it.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

It can be extremely unnerving when you’re renting a house that ends up in foreclosure. When that happens, you can be sure that the owner isn’t paying the mortgage. In many cases, it’s easy to assume that the homeowner isn’t paying any of the taxes, insurance or homeowners association fees either. You don’t have to worry about being thrown out onto the streets as soon as the foreclosure is completed. As long as you can prove you are a tenant, the bank or other institution taking over the property will need to ensure you are protected, at least for a limited time.

When you have a lease in place, you are entitled to finish out that lease term, even when the house is foreclosed upon. You’ll start paying rent to the bank or the lender that foreclosed instead of the homeowner. Make sure you continue with your rental payments, otherwise you will be in violation of your lease and you’ll be evicted.

When you do not have a lease in place, and you are simply renting month by month, you still have 90 days before the successor to the property can evict you. Continue to pay your rent and start looking for a new place to live, which you should have no problem finding within 90 days.

Something to keep in mind is that the foreclosure process can drag on for months and even years. If you have just heard that the house you are renting is in foreclosure, you probably have plenty of time to find another place to live. Continue abiding by your lease and make sure your own bills are paid for so you have an easy time renting again.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Every foreclosure is different, and so is every bankruptcy. What you may or may not owe your foreclosure attorney will depend on the terms of your bankruptcy. Start by checking the contract or agreement you had with your foreclosure attorney. Then, contact your bankruptcy attorney for help. In most circumstances, you will not be responsible for any debts that were discharged during bankruptcy. That will include your foreclosure attorney fees if they apply.

Another important factor is whether a reaffirmation was included in the bankruptcy. If it wasn’t, you shouldn’t expect to pay attorney fees after you declare bankruptcy. When your mortgage debt was discharged, the costs associated with that debt should go away. Take a look at the judgment that was finalized in court during your filing. You should be able to access a list of the debts that were discharged as well as any that were reaffirmed. Make sure everything is correct and then use that judgment to notify your foreclosure attorney that you are not responsible for the outstanding debt.

Again, all bankruptcies are different and the circumstances of yours will dictate whether you are required to pay the fees your foreclosure attorney may be demanding. Talk to your bankruptcy lawyer and if you are being illegally pursued for collection of that debt, get the help you need to fight back. If you aren’t able to get anywhere with your bankruptcy attorney, get additional legal help before you pay a bill that isn’t clear and you might not owe.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Usually, the purpose of selling your home on your own is to reduce the costs associated with real estate transactions. When you sell by owner, you don’t have to worry about paying hefty real estate commissions to agents who market and show the house on your behalf. Even if you are selling on your own, it’s a good idea to have a real estate attorney review the contract you create with an interested buyer.

When you write the contract yourself, or use a standard template that you can find online, the attorney will not need to spend a lot of time reviewing it. Therefore, the cost is likely to be minimal. You should budget between $200 and $500, depending on where the property is located and how complex the contract is.

When you need a real estate attorney to write the contract for you, or the one you submit to the attorney requires a lot of work, your costs will be a bit higher. The best thing you can do is to talk to a couple of different lawyers and find out what they would charge. Some real estate attorneys will charge you a flat fee for the contract review, and others will charge by the hour.

Make sure you use a lawyer who is experienced in real estate law and familiar with the requirements for any forms and documentations. Choosing a lawyer you have used in the past for family or business issues is not a great idea. When you’re selling your home by owner, you need to make sure you are covered and protected, and your contract will do that.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

It can be unnerving when a homeowner is behind on the mortgage and unsure of exactly when the foreclosure process is going to result in the locks being changed and the possession of the house moving to the bank. Timelines and statutes of limitations are different in every state and in every situation. When you have not paid your mortgage for a long time, you need to be prepared so you aren’t tossed out of your house at a moment’s notice. The mortgage lender will probably pursue a steady set of collection activities before they finally have the authorization to foreclosure and take the property away from you.

A loan modification is one way to avoid a foreclosure and get back on track with your house payments. It should not be used as a simple delay tactic, however. There are several very good reasons to begin the modification process, but the process needs to be a cooperative venture between you and your bank if it’s going to be successful. A modification can help you adjust the amount you owe or the amount you pay every month based on your current financial situation and your good faith to catch up with your payments. If you have no intention of paying your mortgage again, a modification is not a good idea.

Another reason this will not work to delay foreclosure is that filling out the modification paperwork will require a lot of personal and financial information. You’ll need to provide detailed documentation on your income, your assets and your liabilities. This is information that your lender can use against you during a foreclosure or while trying to obtain a deficiency judgment against you after a foreclosure.

If you are struggling with your mortgage and you’re not sure how to avoid a foreclosure, talk to an experienced attorney who can help you. Your lawyer can negotiate with the bank and make sure you are protected through the entire process.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.