Orlando Home Buyers Having to come out of pocket to settle with HOA Bullies

Homeowner Associations have gotten tougher and tougher to negotiate with over the years. It used to be that an Orlando homeowner trying to short sale their house wouldn’t have to worry about paying their delinquent HOA dues until the closing date. Not only that, but they would also settle for a fraction of what is owed to them, usually about 10% or less in most cases. Those days are long gone!

 

Orlando Homeowners Associations have become the bullies of the block

What we’re seeing more and more is that the HOA’s are trying to bully Orlando realtors as well as the homeowners into getting the entire amount of what is owed to them. If they don’t get their way, they take to property to foreclosure regardless of what the lender is doing. HOA’s are fed up with being put on the back burner every time and now they’re taking it personal. They are also very aware of the law, HOA’s are entitled to get one year of past dues if the lender takes the property to foreclosure. They also know that it’s much easier for them to foreclose than a bank [no proof of ownership necessary, no issue with robo-signed documents ]. A completely different animal than a bank foreclosure.

Once they get the property into their possession, they rent it out. HOA’s know that even though it costs them a couple grand to foreclose on the homeowner, they are now able to rent rent the property out and recoup some of the loss. Many times they are able to make thousands of dollars just because the lenders take so long to foreclose.

Orlando Buyers are Having to Come out of Pocket to Pay Delinquent HOA dues

I personally think it’s ridiculous that an HOA would foreclose on a homeowner because of a few thousand dollars in past dues. Unfortunately, there is nothing that can be done about it, especially when they’ve already hired an attorney to handle all negotiations. I can tell you there’s nothing more frustrating than having an Orlando short sale 90% complete and the only thing holding up the deal is settling with the HOA. All your negotiating with the lenders is done, they’ve both given you payoff letters, and they’ve also given you 30 days to close. The only thing left to due is get the HOA to give you a discounted payoff letter and you’re golden.

The problem is that they want either the entire amount or an amount that is very close to full payoff! Unfortunately, if they don’t budge, then either you figure out a way to get them their money or the deal falls through. As an experienced Orlando realtor I will take a cut on my commission just so the deal will go through. Most of the time however, this isn’t enough for them. Sellers usually can’t afford to come up with any money, and the only ones left that can make the deal happen are the new buyers. Even though that debt has nothing to do with them at all, we have to make them aware that if they don’t pay it, they don’t get the house.

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The Window is Closing on Orlando Short Sales!

The Mortgage Debt Relief Act of 2007 is set to expire

The tax-relief provisions enacted by Congress during the housing crisis to help financially strapped homeowners is about to come to an end. This is the 2007 law that allows taxpayers to exclude from income the amount of debt that is forgiven or canceled by their lender. The good news is that if your considering an Orlando Short Sale,  there is still time to take advantage of this very important law.

Although the law doesn’t officially expire until Dec 31, 2012, anyone considering a short sale should get started now. We’ve had short sale files in our office that have taken up to two years to complete. It’s true that banks are moving Florida short sales along much faster now but overall they still move pretty slow.

I’m not saying that people who are struggling to hold onto their Orlando homes should throw in the towel solely because of the pending tax bite, but it is certainly something to consider.

According to the law, borrowed money doesn’t need not be reported as income because you have an obligation to repay. But if your lender subsequently cancels what you owe, the IRS requires that you report that debt as income because the duty to repay it no longer exists. So, if you owe $350,000 and your lender forgives $50,000 of that debt in a $300,000 refinancing, that $50,000 is considered income. If your combined federal and state marginal tax rate is 36 percent, you would owe $18,000 in taxes. Ouch!!!

However, under the Mortgage Forgiveness Debt Relief Act of 2007, taxpayers are allowed to exclude from income the discharge of debt on their principal residence when they do a short sale— at least until 2013.

This means that when your lender agrees to a short sale, there is no tax on the difference between the selling price and the amount you owe. When your lender forecloses, there is no tax on the canceled debt. Even when you refinance at a lower loan balance, there is no tax on the difference between what you owed on the old loan and what you now owe on the new one.

Unless Congress extends the law, [and there is no indication lawmakers are even thinking about that] all residential mortgage debt relief that takes place on or after Jan. 1, 2013, will once again be considered taxable income.

If you are on the fence about doing a short sale on your house, consult with a short sale expert and get informed about your options.

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Orlando Real Estate Attorney Drops the Ball, Homeowners Pay the Price!

Last week we picked up a new client , we’ll call him “Joe”, and his story one that we’ve heard far too many times, only the characters were different. So I felt that I needed to share it with everyone in hopes that someone will benefit from it.
Joe fell behind on his mortgage about 6 months ago and decided that he wanted to short sale his Orlando house. Instead of consulting with an Orlando short sale realtor, he and his wife went to see a real estate lawyer.

Joe’s BIG mistake

The biggest difference between consulting with an Orlando real estate attorney and consulting with an Orlando realtor is that one charges $250.00 per hr and the other doesn’t get paid until the job is done. Can you guess which one is which?

Anyway, back to the story. When they sit down with the attorney, they were so impressed with all the shiny plaques on the wall and the expensive furniture, that by the end of the conversation, they wrote him a big fat check for $3,000.00 for him to complete their short sale…[ I guess my mom was right I should have gone to law school!]

The plot thickens… At first they asked him to submit the usual paperwork: bank statements, tax returns, etc. Then he would call in for the usual update once a week or so. This went on for a few months and the answer from the law firm was always the same; it’s being worked on.
After he didn’t hear back from the lawyer for a while, he decided to call his lender to find out what’s going on and guess what?…. The lender had closed the file because of missing documents!!

Joe was furious and wanted answers so he called the Law office to speak with the lawyer. His only conversation with the lawyer to this point was when he wrote him the check, after that he would always be transferred to a processor or secretary.
When he demanded to speak with the lawyer, they said he would have to schedule an appointment to come in…Oh, and he would have to pay the hourly rate of $250.00!!

With an approaching auction date, and having to start the short sale from the beginning, he was now in a much worse position. Not to mention he lost the $3,000.00 that he paid to the lawyer…have you ever tried getting a refund from a lawyer before?
We’re working hard on Joe’s file right now, especially to stop the foreclosure sale on his house. Since he wasted so much time, our work is cut out for us.

The moral of this story is…Even if you’re considering a lawyer to do your short sale, why not consult with an experienced Orlando short sale realtor first. It’s Free!

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Orlando Homeowners Have all the Power!

We all know how thousands of Orlando homeowners have suffered through this foreclosure crisis since 2007.  There is another group of individuals that is also feeling the effects of all this…Lenders.

The truth is, banks have taken an extensive beating over the last few years and the effects are starting to show. Lenders don’t have many options when it comes to managing Orlando foreclosure properties. Even the usual process of foreclosure has been anything but reliable.

Orlando Homeowners have all the power.

A homeowner with the right strategy can stay in their home for over three years without making a single mortgage payment. I know this for a fact because several of my clients are in this situation.
Fact: It actually costs the lender less money to let the homeowner stay for free and maintaining the property than it does to evict the homeowner and pay to have the property maintained.

Don’t freak out, go see an Orlando Realty professional

I just cringe every time someone comes in to see us and they tell me that they moved out of there house because they fell behind on their mortgage and they thought that the “Big Bad Bank” was coming to kick them out. Unfortunately, most of the time it’s too late to do anything about it because they’ve already turned the key into the bank and moved into a new lease.
It kills me because if they would’ve just come in to see us when everything first happened, they could’ve saved tens of thousands of dollars and lots of stress.

That’s not the way it works!

Here are 3 things that you absolutely need to know if you’ve fallen behind on your mortgage.
1-    Don’t stop talking to your lender! As a matter of fact, call them often and tell them what’s happening with you. Ignoring the situation is the worst thing you can do!
2-    Even if the bank begins foreclosure proceedings, they have to inform you well in advance [in writing] of hearing dates, sale dates, etc. They can’t just kick you out from one day to the next.
3-    Talk to an Orlando Real Estate Expert. It’s free to speak with a top Orlando Realtor and an experienced agent will be able to inform you of all your options and help you come up with the perfect plan for you.

One thing is for sure, there has never been a better time in history to do an Orlando short sale than right now. There are so many homeowners facing foreclosure right now that banks are having to negotiate better and better deals.
We’ve gotten our clients anywhere from $3,000.00 to over $20,000.00 back from the lender depending on what program we‘re able to qualify them for.

Still have questions? Ask me anything, I’m here to help

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Orlando Short Sales Increasing because of Financial Incentives

Banks are finally starting to come to the realization that it’s much cheaper to pay off delinquent borrowers as an incentive to short sale their Orlando house than it is to take them through the foreclosure process. I think it’s about time they saw the bigger picture.

Bank of America as well as a few others are currently testing incentives from $5,000-$25,000 here in Florida to see if they should be expanded to more states.  JP Morgan Chase went national with incentives of up to $35,000, and Wells Fargo’s incentive ranges from $3,000-$20,000. If that’s not incentive then I don’t know what is.

These incentives are saving lenders big money compared with the expenses involved in completing a foreclosure. In Florida, where foreclosures go thru the courts, 50% of loans in foreclosure are more than two years past due. No one knows how long they will keep offering these incentives or what determines which sellers will qualify.  You can have two similar sellers, and one might receive the incentive and the other may not receive it.

One thing is for sure though, if you’re looking to do an Orlando short sale, right now is the best time to short sale your house. Never before in history have banks ever been so cooperative and generous to borrowers who have fallen behind on their mortgage.

Here’s more good news… You don’t have to pay the mortgage while the short sale process is happening.  That’s right you stay in the house for free until the short sale is complete.

If you’re considering an Orlando Short Sale on your house,  contact us for a free consultation with one of our short sale specialists and find out exactly where you stand. You’ll be glad you did.

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