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.

Orlando Real Estate Broker

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Orlando Short Sale Closed After 3 1/2 Years Battling with Lenders!

The longest Orlando short sale in our company history.

I had just had to share this story about an Orlando short sale that we’ve been working on for well over 3 1/2 years.

We started this file in December of 2008 It was a pretty common story; She had a 1st mortgage with GMAC for 434k and a second with Bank of America for 116k and she also owed her HOA $5,000.00 at that point [now $15,000.00].  The big problem was that even though she owed about 570k since she purchased in 2006, her house was only worth 180k at the point when we took her on as a client in 2008.

Throughout this process it was a matter of getting all the stars to line up at once , which when your dealing with 3 different debtors is no easy task. Buyers get tired of waiting, lenders wanted new bpo appraisals done every 6 months, the HOA didn’t want to budge and we had to stop her Orlando foreclosure several times.

No Attorney Necessary.

In the past three years we’ve had 7 solid contracts, 9 bpo appraisals and we stopped the foreclosure sale date a total of 6 times.s, we eliminated her debt. We closed last week with a cash offer for 200k and to top it all off, we got the lenders to give her $7,000.00 back at closing.  By the way, she never once went to see an attorney which means probably saved another 7 to 10 thousand dollars.

Doing the short sale was the best decision for her.

In the end my client got to live rent free for 3 1/2 years and was able to save up some money and turn her life around. We found her a nice rental in Downtown Orlando and she now lives comfortably within her budget. How’s that for a bailout plan?

It’s true that we had to work work many times harder than a typical short sale file just because of constant updating of expired short sale docs  alone, not to mention all the buyers we lost along the way because they got tired of waiting on an approval.

However, when you’re in the short sale business, there is no greater satisfaction than to know that you’ve helped someone solve a huge problem in their life and get a fresh start.

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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 Short Sales Overtaking Foreclosure Sales

 For the first time Orlando short sales are becoming more popular than sales out of foreclosure.  As a matter of fact, in Florida short sales have outnumbered bank-owned home sales since July.
 
Lenders are favoring short sales more and more these days, with good reason. Short sales have proven to be faster and more lucrative process than foreclosure. Short sales accounted for 24 percent of all home sales nationwide while foreclosure sales represented 20 percent.
   

Top 3 reasons why lenders favor short sales over foreclosure sales

 
•    Taking a home to foreclosure is a long, drawn out process and can take up to a couple of years sometimes. Even then, there are soo many things that can go wrong if things aren’t processed correctly by the attorneys, which happens more often than you would think.
 •    Lenders can avoid paying a ton of money in legal fees. You can’t foreclose on a home without attorneys. I’ve seen attorney’s charge as high as $15,000.00 for  1 single foreclosure case.
 •    Better sales prices on Orlando properties. Statistics show that banks get higher and better offers when they short sale as opposed to the foreclosure sale. Many times it won’t even sell at the auction and it ultimately becomes the banks problem…Again!
 
In the end it’s all about the almighty dollar.
 
Lenders are finally realizing that Orlando short sales are a win for everybody. Mortgage companies are even offering large cash incentives to homeowners who agree to do a short sale. I’ve gotten some of my clients up to $20,000.00 back at closing from their lender. How’s that for a bailout plan?
 

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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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