TOR 004: Can The Bank Take My Assets After Foreclosure?

Top Orlando Realtors Podcast Episode:004

Hello and Welcome to the show If, you’ve been here before, we are happy to have you back.
Anyone can submit a question or suggest a topic for the show, just go to https://orlandorealtyconsultants.com/blog/ and fill out the contact form.


I’m your host John Conde / Orlando Realtor and I hope everyone is still hanging in there with their New Year’s resolutions. I heard somewhere that most people don’t make it through January without breaking that resolution so if you’re still in the game then you’re doing better than most, so keep it up!


We currently have a client in the Dr. Phillips area that has a pretty unique situation going on.
His name is Dave and he is allowing me to talk about his case on the show as long as I don’t mention his last name. So Thank you for that Dave.


To make a long story short, Dave had a great job, got laid off, fell behind on his payments, and is now facing Orlando foreclosure. Dave wants to know if the bank can come after his other assets after the foreclosure sale of his house.

He doesn’t have much money in the bank, so he’s not worried about that. What he does have, is every toy that a man could want.  He has a ski boat, motorcycles, cars, RV, you name it..he’s got it, and everything is paid for.


Now, the best thing to do is stop Orlando foreclosure before it starts. Dave waited longer than he should have and only decided to take action after the lender had set a foreclosure date.
The sooner you take action, the better chance you have of stopping that foreclosure.


Unfortunately, in this case, foreclosure was imminent. And being that he has well over $100,000 in assets, he has a legitimate concern because these assets or objects, are all he has left and he needs to sell them so that he could have some money to live.


Unfortunately, here in Florida, the lender can absolutely come after your other assets.
This usually happens when the bank takes a huge loss at the auction, especially if it’s a large loan.
And unsecured assets aren’t the only thing that people need to worry about, lenders can also garnish your salary and personal bank accounts.

You see, problems that can occur from a foreclosure sale don’t happen until after the sale has gone through. Here in Florida, lenders can solicit the court for a “deficiency judgment” so they can try and collect the rest of the money that’s owed to them. Once they have a deficiency judgment in their possession, banks can go after any of your personal assets like a car or a boat.

The good news is that Florida lenders don’t usually go after someone’s assets following a foreclosure sale. Especially if they don’t see much to tap into. Collecting judgments takes a lot of time and can cost the bank a lot of money.


Banks tend to pay more attention to jumbo loans because the larger the loan the bigger the loss.
In these cases, the lenders will dig deeper checking your bank accounts…. especially if the accounts are with the same bank as the mortgage.  And Depending on the situation, banks can try to freeze or garnish these accounts.

There is another risk for smaller loan holders that can also occur. Most of the time, banks end up selling off these smaller judgments to investors or collection agencies for pennies on the dollar.
These agencies then dedicate themselves to hounding people any way they can for a settlement on the money that’s owed. And,..since judgments are valid for up to twenty years, it gives them more than enough time to come after the borrower for the balance due.

The best way to avoid any of these things is for people to deal with their mortgage problems head-on. In Dave’s case, he waited too long to take action and he’s now out of options. If you know that you’re gonna fall behind on your mortgage, take action.


If you want out, do a short sale! If you want to keep your house, try a loan modification or bankruptcy. Burying your head in the sand and ignoring the problem is the absolute worst thing that you can do. You give up all your control to the bank. and It’s like having a financial ticking time bomb on your hands.


So remember, if you’re behind on your loan, take action! That’s it for today, please keep those questions coming so we can talk about it on the show.   See you next time!

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Finding That Perfect Orlando Neighborhood

Choosing an Orlando neighborhood to plant your roots and live out the rest of your life is a huge deal!  Choosing the actual home in which you want to live is equally important. This will be the place where you and your family will create memories for many years to come.

Homebuyers need to consider many things before when deciding on which home to buy; like becoming part of a new community, so you need to make sure it’s a good fit. So how do you know if the neighborhood’s a good fit for you and your family?

Here’s a 5 step list to help you decide what Orlando neighborhood is right for you.

1- Make your wishlist:

Make a list of the things that would make your ideal neighborhood and put the most important items on the list at the top and things you could live without towards the bottom. Things like the commute to work and good schools always seem to rank highly for most people.

Having a list of what you don’t want is also helpful like; being too close to a highway or living across the street from Walmart.

2- Online Research:

Like everything else these days, start your research online. Take the list that you just made and Google it! Start by typing in things that are on top of the list and work your way down, “Orlando Neighborhoods with the best Elementary schools” or “Orlando best neighborhoods for pets”, you get the picture. Once you get a feel for the neighborhoods that interest you, you can use our Florida home search tool to see a list of homes are for sale in the area just like a licensed realtor.

3- Time To Visit in Person!

So you’ve done as much research as any one person can do on a computer, now it’s time to check out the area in person. Check out the local schools, supermarkets, and restaurants, and drive around the surrounding neighborhoods at different times of the day. Talking with some local residents will also be helpful.

Are there enough parks? Is there a park for your dog? Is the homeowners association controlled by robots? Can you see yourself living here for the next five, or ten years!!?

All of these are valid questions that you should be asking yourself.

4-What’s the local crime rate?

Ok so you like the neighborhood that’s good but we’re not done yet. It’s time to find out about the local criminal activity, especially if you have children. Visit sites like https://www.crimereports.com/ which offer really cool interactive maps where you can view crime data in real-time. Concerned about sex offenders? You should be, visit http://www.familywatchdog.us/ to get a list of registered sex offenders in the area.

You can even take things a step further by visiting the local police dept. and having a chat with one of the boys in blue.

5-Check local school ratings:

Whether you have kids or not, you need to research schools. It’s a known fact that school districts are usually the biggest beneficiaries of property taxes. In addition, schools that are highly sought after will typically raise the value of the surrounding homes. Check sites like greatschools.org/is a great tool for finding the best-rated schools in the area.

Finding that perfect home goes much deeper than what’s between the walls of the house itself. Take the time to do your research to make sure that the neighborhood you choose would meet all or needs, or at least most of them.

If you need help finding your perfect Orlando neighborhood, I’m happy to help. Call 407-902-7750 or visit https://orlandorealtyconsultants.com/

 

 

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Another Orlando Foreclosure Stopped In A Nick Of Time!

This is the story of Veronica from Hunters Creek, FL. I’m not using her real name or address because this short sale is still being processed. However, the fact that we’ve stopped the foreclosure sale a total of five times in the past two years I felt was worth writing about.

It’s the typical short sale stuff you hear from lenders. “We didn’t get the file”, “the financials need to be updated”, “the BPO came in too high”, “we’re still waiting to hear from the investors”, you name…on this file, we’ve heard them all.

This case, however, came with a bit of a twist at the end of the year. In December of 2014, everything was set to go, the bank had everything they needed including a solid offer for the price that they wanted. With a foreclosure sale date of January 20, 2015, there was more than enough time to get this one closed and put it behind us.

Out of nowhere, the bank decides that there isn’t time for them to process the short sale and they proceed to close the file!!? WTF? are the only three letters that make sense here. Any realtors that specialize in Orlando short sales know exactly how frustrating this can be, especially after putting so much work into something.

Although I’m not an attorney, after making hundreds of visits to the courthouse, sometimes I feel like one. My client was so disgruntled with the bank that she was ready to call it quits and just let the property go to foreclosure. I asked my client to allow me to give it one more try and asked her to write to the judge requesting a postponement and explain her side of the story. The judge immediately agreed and granted a hearing the following week. Since my client had to work on the day of the hearing, I just had her sign a power of attorney so that I could speak to the judge on her behalf.

Being that we had already stopped the foreclosure sale on four separate occasions, I was a little worried to be perfectly honest. I guess the lender’s attorney assumed this would be a slam dunk and didn’t even bother to show up! This made things a bit easier for me to explain my case to the judge. It took some explaining but after working on this file for over 2 years, I wasn’t about to go down without a fight.

After hearing the entire story, the judge decided to postpone the sale date once again! He granted us another three months to get the deal closed, March 12, 2015, which also happens to be my birthday! Although we only need a few more weeks to close it, it’s nice to know we have time to spare.

Working as an Orlando short sale realtor since 2004, I have countless stories like these. If you’re looking for someone to help you avoid foreclosure and the short sale of your home, give me a call at 407-902-7750.

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A Beautiful Day In Hunters Creek, FL. Come Join Me!

I wake up to a dense mist over the pond in my backyard, the only things I see moving are the deer grazing in the open field. It gives me the feeling of living deep in the forest as I notice the tops of the tall pines towering above. Throughout the day I get regular visits by a wide variety of native birds that swoop into the fish-filled pond to grab their meal for the day. This is a common sight to see in Hunters Creek, FL. my favorite neighborhood in the whole world. It’s a crisp and peaceful winter morning as bicyclists and joggers make their way through the many nature trails located throughout the neighborhood. 

When you live and work in a neighborhood where the quality of life can be seen just by peaking out the window or grabbing the morning paper, you have no choice but to feel fortunate and blessed. As my two boys [8 and 10] reluctantly wake up to eat breakfast, my wife and I get ready for our morning bike ride through Shingle Creek Trail. On the way to the trail, our 3rd and 5th graders join us for a few blocks until we arrive at their school, West Creek Elementary, an A school with an impeccable reputation.

As we continue on our journey to the trail we cruise through the Vista parks which include: 3 soccer fields, 4 basketball courts, a volleyball court, 2 playgrounds, gazebos, and two dog parks… all within a distance of 1/2 mile! My boys both play competitive soccer for the Hunters Creek Soccer Club which is ranked one of the top clubs in Central Fl. However, if soccer isn’t your child’s sport of choice, Hunters Creek also offers youth basketball, baseball, football, tennis, and even a volleyball league.

The community center located in Osprey park which is less than a mile from my house has so many amenities including recreational activities, classes, and programs for residents of all ages. And when the weather is nice, they have movies in the park on Friday nights where you can bring chairs, blankets, and snacks to enjoy popular family movies under the stars.

HuntersCreek

On our way back to the house my wife and I who is also an Orlando realtor decide to ride through the new development of “Hunters Point” formerly known as “Kailey’s Ridge” to see how the construction of the highly anticipated new subdivision is coming along. The area will consist of 127 homes built by “Surrey” and “Ryan” home builders. So far, the streets and sidewalks have been paved but no sign of the first foundation being laid yet.

At the end of the day we all head over to the Alehouse located at the Hunters Creek Villages, to take advantage of the weekly BBQ rib special that they offer to residents. We are fortunate enough to have a wide variety of great restaurants, bakeries, delis, frozen yogurt, and pizza places all within walking distance. If shopping is your thing, “The Loop” just 2 miles away has everything you could wish for in a mall including a state-of-the-art movie theater.

Although Hunters Creek was voted the 21st best place to live in the whole United States, in my book it’s #1. It’s obvious that enjoy Hunters Creek, the place I call home and I would love the opportunity to show you any of the limited amounts of homes that are for sale now as well as in the new community of Hunters Point. I’m sure that you would love Hunters Creek as much as I do. let’s turn your dream into an address! Contact me at 407-902-7750 or visit.  https://orlandorealtyconsultants.com/

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Bidding in a Hot Market

Buyers looking for that perfect home in Orlando are finding out that they need to prepare for a fight. Because of a hot market causing lower than normal inventory, hungry buyers are engaging in bidding wars every day. Bidding in a hot market can be a fight and lately, it’s been all about who’s quicker to the punch.  

In a seller’s market, homes sell super fast once they’re listed on the MLS. Getting your offer approved amidst all the competition can be a huge challenge. In this situation, many factors are just out of your control. However, there are certain steps that you can take to make your offer more attractive to the seller.    

When house hunting, you should enlist the help of an Orlando buyer’s agent as opposed to trying to go it alone. Weeding through dozens of homes by yourself that you find on the internet to find one that suits you just isn’t very fun at all. Once you’ve found one that you love, then it’s time to place an offer on it. Many buyers will already have a number in mind but if you’re not sure how much to offer, however, your realtor should be able to assist you in finding the magic number. Experienced realtors can prove to be extremely valuable in this situation by providing the buyer information about the area like recent comparables of other properties in the area.    

Tips on getting your offer accepted, Bidding in a hot market:

  • Get your financing in order. Speak to your mortgage broker or lender before you even start looking at homes. Knowing how much mortgage you can afford in addition to having a pre-approval letter will put you way ahead of the game. You should also know that being pre-approved and pre-qualified are two different things.

The difference between Pre-Approved and Pre-Qualified

  • Pre-qualifying for a loan basically means talking with your lender about your financial situation, income, etc. then the lender will give you an approximate amount of how much you SHOULD qualify for.
  • Pre-Approval includes submitting a loan application together with income statements, a list of assets, a list of expenses, etc. With a complete loan package in hand, your mortgage broker will be able to shop out a loan that would meet your specific needs. It also gives the seller peace of mind knowing that your contract is solid and won’t fall through because of financing.
  • Don’t submit a lowball offer! In a hot market, many properties sell above the listing price. Submitting too low of an offer is the best way to get your offer denied and you may not even get a chance to counter, especially if there’s another competitive offer on the table.
  • Give them a bigger deposit than they asked for. Putting down a larger deposit, allows the seller to see how committed you are to making the deal happen.
  • Eliminate as many contingencies as possible. If the seller has to worry about the buyer selling a home or appraisal value falling short, etc. Then the offer becomes less enticing to the seller. By keeping your contingencies to a minimum, the better your offer will look to the seller.
  • Pay cash. For most people, this isn’t even an option. However, if you’re able to submit a cash offer with a quick close then this will surely get your offer to the front of the line.

Even if you do everything on the list above, it still may not get your offer approved. But by doing as many things as you can to make your offer more attractive to the seller, you’ll know that you did everything in your power to get that offer approved. If it was meant to be then you’ll be living in your dream home real soon. If you find yourself in a bidding war with other buyers, it’s good to know that you have an experienced realtor in your corner.

If you’re searching for a “never say die” type realtor to help you find your Orlando dream house, contact us at https://orlandorealtyconsultants.com/contact/

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