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Right Of First Refusal Explained

Posted on by Jenny Zamora

In my 16 years of being an Orlando Realtor, I’ve been asked by dozens of clients to explain what a right of first refusal is and how does it work.

When you are selling a house, you may encounter a situation where the sale is contingent upon the buyer selling the home they live in before buying yours.

So, is it a good idea to accept an offer like this? Accepting an offer such as this is OK as long as you include a “right of first refusal” aka “kick-out clause” contingency in the contract.

It’s pretty rare to get an offer with a home sale contingency, but it does happen occasionally and depending on the situation, sometimes it’s a good alternative.

What’s a right of 1st refusal?

Right Of 1st Refusal Explained

If your Orlando home has been listed for a while with little or no offers, you may be willing to make your terms more attractive to buyers. For instance, if a buyer came along and wanted your house but they can only afford it after they’ve sold their current home. Accepting an offer that includes a home sale contingency involves a bit of risk if you don’t structure the deal correctly.

When one of these offers is presented to one of my clients, I insist on including a right of 1st refusal clause in the contract or we don’t accept it. The purpose of this clause is to allow you to accept an offer like this while continuing to market your home to other interested buyers. You’re telling the buyer that you will continue to actively Market the home until the buyer completes the purchase.

Here’s how it works…

If a different buyer makes an offer on your home while under contract, you have to give the original buyer the option of eliminating the home sale contingency for the sale of their current home and purchasing your home within a pre-determined amount of time, usually between 24 and 72 hrs.

If the original buyer fails to buy your home within that time frame, then you have the right to sell your home to the second buyer.

Working as a top real estate agent in Orlando FL, I’ve closed several of these transactions successfully. Sometimes they worked out and everyone was happy and other times it didn’t work out for the buyer. In every instance, the seller was protected because we used the 1st right of refusal contingency.

What to Look For In A Right of 1st Refusal Clause

If you have your home listed with a realtor and you receive a purchase agreement with a kick-out clause, there are a few things to look for like the following:

  • How much is the buyer offering on your home?
  • How much time are they asking for to complete inspections?
  • How long are they asking for to obtain financing?
  • What is the closing date?
  • How long do they have to respond if you end up getting another offer?
  • Is their current home already being marketed for sale?… It better be!

Why Would A Buyer Accept A Kick-out Clause?

Many of you might be wondering why a buyer would even accept a clause like this when it puts them at a disadvantage. Think about it…anyone who makes an offer that’s contingent on selling their own home first is already in a bad position.

It’s human nature for people to view things from their perspective without thinking about it from the opposite side of the table. Think about it…If you were in a situation where you’re struggling to sell your home, you may get super happy to receive an offer like this one!

Understand, however, that a buyer like this is more than likely facing his or her share of struggles and the road to the closing table will probably be a bumpy one.

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Orlando Realty’s “Easy Exit” listing agreement.

Posted on by Jenny Zamora

When somebody lists their house with a real estate agent, they always worry that the agent won’t perform as promised and they will be stuck with them until the listing agreement has expired costing your home valuable time and exposure on the market.

Most real estate agents require you to sign listing agreements that have a cancellation fee of several hundred dollars when the homeowner wants to terminate the contract with the agent they hired to represent them.

It’s for this reason that I use an “Easy Exit” listing agreement. This takes the risk out of listing your house and having to worry about us not performing.

When you list your home through our INSTANT AMNESTY Listing Agreement, there’s no risk to the homeowner. We are so confident that you’ll be happy with the results that we get you that you can cancel your listing with us at any time and NO CHARGE! There is NO cancellation fee in our listing agreement.

• You can cancel your listing anytime.

• You can relax, knowing you won’t be locked into a lengthy contract.   

• Enjoy the caliber of service confident enough to make this offer.
   In my 8+ years as an Orlando realtor, the few times that someone has wanted to cancel a listing agreement with me was because they decided to keep the house instead of selling, it has never been for non-performance. When it comes to real estate, my skills and work ethic are among the best in Orlando and I have the track record to prove it. My confidence comes from thousands of successful real estate transactions and thousands of happy clients. The fact that most of our business comes from referrals from past clients says it all.

Whether it’s a traditional listing or an Orlando short sale, I get the job done no matter what.

Tired of your realtor not performing and wasting valuable time on the market? Give us a try, you have absolutely nothing to lose. Visit us at https://orlandorealtyconsultants.com/ or call us at 407-902-7750 so that we can discuss your best options. Jenny Zamora Lic. RE Broker

Orlando Vacation Homes

 

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Florida Foreclosure Process

Posted on by Jenny Zamora

Going through a Florida foreclosure is not a pleasant experience. On top of that, you can get overwhelmed with dealing with the foreclosure process. There are legal timelines you must be aware of like court hearings and possibly eviction if you can’t stop the foreclosure.

These are the questions most commonly asked by homeowners struggling with foreclosure:

  • What’s the foreclosure process in Florida?
  • How much time does the FL foreclosure process take?
  • How long before they evict someone after a foreclosure?
  • Can I stop a Foreclosure in Florida?
  • Is FL a foreclosure redemption state?

Generally, a Florida foreclosure can be avoided if you know what you’re doing. In this post we’ll be discussing the foreclosure process in Florida and what you can do to stop foreclosure.

Foreclosure is a legal process where the mortgage lender of the home takes action to repossess the home or sell it at a public auction to the highest bidder. Once the foreclosure has been complete, the new owner or the bank has the right to evict anyone living there. 

Florida Judicial Foreclosure

That’s a fancy way of saying the courts decide the case. A Florida foreclosure must go through the courts and abide by timelines issued by the judge assigned to the case.

FL Lien Theory

In Florida, you own your property with a mortgage note. The deed is in your name and so is the debt attached to the home.

When the bank gave you a mortgage, they also filed a lien on the home. This is a recorded official document outlining the amount owed and your promise to pay them back. On the lien, the buyer is named as the owner of the deed and title to the property.

In some other states, the bank owns the home until the mortgage is paid in full.

Florida Foreclosure Law

If you find yourself struggling with foreclosure then knowledge is your best friend. Understanding the foreclosure laws in Florida will help you to make good decisions moving forward.

If you already have a foreclosure sale date you need to hire a foreclosure attorney to try and delay the proceedings.

Do you need help selling a foreclosure property in Florida?

The Phases of Florida Foreclosure

  • Pre-foreclosure
  • Foreclosure lawsuit
  • After the foreclosure sale

The thought of losing your home can be terrifying but it’s far worse if you don’t know how long it takes. Knowing how much time you have will help you when making a plan of action to stop the foreclosure.

Pre-Foreclosure: The amount of time from missing a mortgage payment until the bank files a lawsuit. Pre-foreclosure begins as soon as you miss your first mortgage payment. A Florida pre-foreclosure lasts anywhere from 3 to 6 months depending on the lender and the situation. You can extend or even stall pre-foreclosure by working with your lender on alternatives to foreclosure.

Pre-foreclosure is the perfect time to explore your options. If your home has no equity you may be a good candidate for a short sale. If you want to keep your home, you can ask about a loan modification. Another option if the home has equity is selling to a cash buyer.

What Happens When You Start Missing Payments?

Most lenders in Florida allow a 15-day grace period after missing a mortgage payment. Once the grace period is over, you will probably incur a late fee. At 30 days past due the bank may report you to the credit bureaus. After 30 days your lender will start reaching out more frequently. This is a good opportunity, to be honest with your lender and start a dialogue about your situation.

By the time you are 45 days late on your payment, you will be referred to the loss mitigation dept where a rep will be assigned to you.

Foreclosure Lawsuit

A foreclosure lawsuit in Florida begins with the bank filing a Summons, Complaint, and finally a Lis Pendens. A “Summons” is a legal notice of the foreclosure lawsuit and it orders you to appear before a judge at a certain time and day. You will also have 20 days to file your response.

The Complaint

The complaint puts in motion the legal and factual basis for the lawsuit. A foreclosure complaint describes the terms of the mortgage or promissory note, property being foreclosed on, the amount due, etc. Complaints will also specify the relief sought after by the lender.

The Lis Pendens

A “Lis Pendens” is a written notice that states the foreclosure lawsuit has been filed against your home. The purpose of this is to inform the public there is a lawsuit against the property. Banks are required to file and record the Lis Pendens with the local county in FL.

A Lis Pendens can be several pages long and must include: names of the parties involved, filing date of the lawsuit, property description, and relief being sought.

The Service of Summons and Complaint

Once the Lis Pendens has been filed, the bank must “serve” you with the complaint, summons, and Lis Pendens regarding the foreclosure lawsuit. This is usually done by mail or by a process server.

Responding to the Summons

Once you’ve received the summons and complaint, you have 20 days to file a response. You must file a response before the 20 days run out. If not, the judge may decide to fast-track the foreclosure sale date.  For example: “I’m currently working with my lender to do a short sale on my home, please allow me some time to do this so I can avoid foreclosure”

Once you’ve filed your answer, the judge may just put it to the bottom of his stack or set a date for a “Preliminary Hearing”.

The Preliminary Hearing

If by this time you still haven’t found an alternative to foreclosure, the process continues with a preliminary hearing. In the preliminary hearing, you tell the court what your plan is to avoid the foreclosure and the judge decides what happens next. If the judge sees that you’re being proactive by pursuing an alternative to foreclosure with the bank, you may be granted more time.

If you haven’t taken any action to correct the situation then the judge will probably set a foreclosure sale date.

Summary Judgment Hearing

In this hearing, the lender will present their case to the judge to rule in their favor. This is based on only the non-disputed facts so if something is wrong, this is the time to speak up. You have the chance to offer up any proof of why the foreclosure shouldn’t move forward.

Your lender might include the financial damages including mortgage balance and interest as part of a summary judgment motion.

Foreclosure Sale Date

The county court may set a foreclosure sale date after the entry of the summary judgment. At that time, it will be sold to the highest bidder or required by the bank to list as an REO property. Whoever the new owner is at this point will have the option to evict anyone living in the home.

Alternatives to Florida Foreclosure

If you want to sell the property to avoid foreclosure and walk away then doing a short sale may be the way to go. A short sale is when the bank allows you to sell the home for what it’s worth and not what it owes. So if you owe more than the home is worth, requesting a short sale is a great option.

Applying for a Short Sale

If you decide on a short sale, you’ll need to submit a complete short sale package. The short sale package generally consists of your financial information like pay stubs and bank statements, proof of hardship, letter explaining your situation. The lender will usually request 30 days for a short sale review.

Hiring Short Sale Realtor

If you wish to pursue a short sale on your property then you need a short sale agent. This is a real estate agent that specializes in short sales. A short sale is a much more complex process than a normal listing which is why most agents shy away from short sales. An experienced short-sale agent can step into your shoes and deal with the lender on your behalf.

Hiring the wrong Realtor can mean the difference between selling your house and being foreclosed on.

A short sale agent can also help you with:

  • Advising you on most current loss mitigation programs available
  • Completing and submitting the short sale package properly
  • Provide you with updates on your short sale review
  • Keep you up-to-date on court hearings and timelines

Loan Modification

A loan modification is when your lender adjusts the terms of your mortgage by reducing the payment making it more affordable to you. If you want to stay in your home and can afford a slightly lower payment, then this may be a good 1st option.

Deed-in-Lieu of Foreclosure

The transferring of ownership back to the bank instead of a foreclosure.

Filing For Bankruptcy

Courts issue an “automatic stay” on creditors (consult with your local bankruptcy attorney)

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The Difference Between Contingent and Pending

Posted on by Jenny Zamora

At last… you found your dream home! It’s everything you were looking for in a new home! It’s the perfect size with a big yard in a fantastic location… everything you wanted!

Wait… there’s a small sign that says “pending” on the for sale sign. Oh no!… does this mean that your dreams of owning this house are crushed?

It’s possible… but you might still have a chance.

Orlando real estate deals fall through every day for one reason or another. So as Lenny Kravitz would say… “It ain’t over till it’s over”.

If you’ve been looking at real estate listings, you’ve noticed there are a few different statuses. In this post we’ll be comparing contingent vs pending, so you’ll know exactly what they mean to you as the buyer. So, the question is… Can you still make an offer on a home under these conditions and what are your chances?

A Real Estate Contingency

Once a property goes under contract, the seller and buyer have made a promise to go through with the sale. For instance, If a house goes under contract, the seller can’t accept any other offers or sign another contract. The seller has to adhere to the terms of the contract. Typically, a buyer puts down an earnest money deposit to show that they’re serious. If they walk away from the deal for no reason, the seller gets to keep the deposit.
So what if something happens during the process that makes one of the parties want to walk from the deal?

It’s exactly for this reason that real estate contingencies exist. Both seller and buyer are free to add contingencies to any real estate contract. A contingency means the sale of the home is contingent on a specific condition. If that condition isn’t fulfilled, the buyer or seller isn’t obligated to continue with the sale.

What Are Some Common Contingencies?

  • Home Inspection- Buyers hardly ever request a home inspection before submitting an offer. That’s why the most common contingency is the home inspection contingency. So what if something negative comes up in the inspection report? Either the parties will negotiate the repairs or cost of repairs and adjust the price. If the issues are bigger than the buyer wants to handle, they can walk away from the deal and get their deposit back… all thanks to the inspection contingency.
  • Appraisal- An appraisal is always a nerve-wracking part of a real estate transaction. The buyer’s mortgage company orders an appraisal to know the true value of the home. They want to make sure if the buyer defaults, they can retake possession of it and recover their investment. The appraisal is generally based on the market value of a home. The appraiser should make adjustments depending on upgrades and needed repairs. If the home doesn’t appraise for the contract price then the lender will deny the loan. In this scenario, the buyer can walk and collect their deposit.
  • Financing Contingency- Also designed to protect the buyer is the financing contingency. Besides the appraisal, there are a few other reasons the lender may deny a loan. For whatever reason… if the lender denies the loan, the buyer is free from the contract and can collect their deposit.
  • Home Sale Contingency- A buyer can have a contingency that allows them to sell their current home before buying. Buyers usually do this if they need the money from that sale for the down payment of the new home.

What Does Pending Mean?

Once all the contingencies of the contract are met, the listing status changes to pending. A pending listing is no longer considered to be an active listing. It means the sale hasn’t closed yet but is scheduled to.
Although, this doesn’t necessarily mean buyers can’t make an offer…

Pending — Accepting Backups
This means the seller is taking backup offers in case the one they have falls through. It’s important to note the seller can’t accept any other offer until the first one falls apart. Buyers can have their real estate agent follow up to see how it played out.

Short Sale

A short sale is a condition when a home is being sold at an amount less than what is currently owed on the mortgage. In a short sale scenario, the lender has the final say whether an offer gets accepted or not. Every offer has to be approved by the lender before getting accepted.

You should know going in that short sales are anything but short. Most banks are slow to respond. If you need to buy a house fast then short sales are not for you (especially as a backup buyer). However, if you’re in a position where you can wait a month or two…or three to buy, then you could end up with a great deal… if the previous buyer falls through.

Real Estate Terms: Contingent vs Pending

You should now understand the difference between contingent vs pending status on a listing. I hope these real estate statuses are less confusing to you when the time comes.


If you like a home, go ahead and put an offer on it… even if it’s pending. Orlando real estate deals fall through all the time and you might just get lucky! You’ll never know if you don’t try.


If you still have questions regarding this post or anything else related to real estate contact me today! I’m happy to help!

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Foreclosure Homes in Orlando FL

Posted on by Jenny Zamora

Searching for a foreclosure property in Orlando, FL

The home buying process can be as exciting as it can be scary… Especially when buying a foreclosure home in Orlando. Depending on if you plan on living in the home, selling it, or renting it out, you should be a critical buyer. There are several things you should consider before making your decision.

Finding the right Orlando neighborhood.

If you plan on living in the home, you should find a neighborhood that meets your family’s needs. Being in a good school district or being close to your job could help you decide. But, if you plan on renting it out, you’ll want to be in an area where it will rent out fast like near a college or university. Your real Orlando estate agent can advise you on finding the best area to meet your needs.

Determine how much you can afford to pay

It’s important to know how much you can afford to pay for a house before you begin your search. Keep in mind that when you’re buying an Orlando short sale home or foreclosure, you’re buying it in as-is condition. Chances are you’ll have to make a few repairs to make it livable. Unless you’re an experienced investor, I would suggest avoiding homes needing major repairs. By adding the cost of repairs to the sale price you’ll know how much the house will cost you.

Finding a Realtor that specializes in Orlando foreclosure properties

Not all Realtors in Orlando have experience with foreclosure properties or short sales. You must find an agent that specializes in foreclosure homes and short sales. By hiring the right agent, you will greatly increase your chances of finding the right property.

Facing Foreclosure in Orlando?

If you or someone you know have an approaching foreclosure sale date, you must take action! Whether you speak with us or some other Orlando foreclosure specialist, don’t wait. Time is against you and the faster you take action the better your chances of avoiding foreclosure.


Know your options…

Just because the bank has begun the foreclosure process or has threatened to, don’t panic! You have options… Depending on your situation there are some different options available to you.


Short Sale

A short sale is when your mortgage lender agrees to let you sell the home for less than what’s owed on the mortgage. They will only do this if the home is currently valued for more than what it’s worth or “market value”. You must also prove to the bank that you can no longer afford to pay the mortgage. You’ll have to submit a complete short sale package to your bank. The package consists of a hardship letter, 2 years of tax returns, and your financials.


Loan Modification

If you’re looking to keep the home and continue living in it a loan modification may be an option. This is when the lender adjusts the terms of your mortgage making the payment more affordable. In my experience, the modified terms are often worse than the original mortgage terms. The truth is you won’t know until you try.


Deed in Lieu

A deed in lieu is when you sign the deed over to the bank and they agree to stop the foreclosure. Having a deed in lieu of your credit is still far better than foreclosure.

STOP FORECLOSURE!

File for Bankruptcy

As a last resort, you can always file for bankruptcy to avoid foreclosure. Consult with a local bankruptcy attorney to see if it could be an option for you.

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