If your home is in foreclosure you must take a proactive approach, and understand that you do have options, a large majority of the time. Whether you are trying to sell or keep the property, it is highly likely that ignoring the letters and phone calls from your lender is not going to improve your situation. Remember that ignoring the problem, is not the solution.
Depending on your specific situation, here are some of your options:
- Loan Modification can reduce your monthly payments and reduce your interest rate, although usually the term of the loan would be extended.
- Short Sale may be an option when the property is sold for less than what you owe, and the bank is in agreement that they will discount the remaining balance because of a hardship that you have proven to them exists. A short sale does less damage than a foreclosure, and could be a viable option for you and your situation.
- Deed in Lieu may be a solution where you agree to essentially turn the property back to the lender, with the understanding that the lender will then agree to cancel the loan. Our office would make all the necessary negotiations to ensure that the lender would agree to not pursue any outstanding amounts owed.
If you are a landlord, property manager, or tenant and you need help prosecuting or defending against an eviction look no further. Remember that Landlords cannot change locks or cut-off utilities to force someone out.
Florida Statutes Chapter 83 governs landlord/tenant matters and the eviction process.
Overview of the eviction process for non-payment of rent:
- Landlord posts a three day notice on the tenant’s door.
- The tenant then has three business days to pay the rent owed to the Landlord, or they must leave the property.
- If the tenant fails to pay the amounts owed, and has not left the property at the end of the three days, a Summons and Complaint for Eviction would be filed with the applicable Court, and the tenant would get a copy.
- The tenant has five business days from the official summons to comply. If the tenant fails to comply or answer the complaint, the landlord can proceed to evict without a hearing, but only with a court order issued by a judge.
- If the tenant disputes the amount of rent or the complaint being filed, a hearing must be held, with a hearing date being requested after the 5th day from their receipt of the Summons and Complaint. Landlord will have to wait 20 days to set a hearing if you seek to recover damages from the tenant.
- At the hearing, if the judge agrees with the landlord, the sheriff’s office will serve the official notice to the tenant and the tenant has 24 hours to vacate the property.
Title & Escrow Services
Excellent communication and attention to detail are two of our main priorities when a closing is being processed. Our office provides white glove service while we work in the capacity of closing agent. The goal is not to simply close, the goal is to close correctly. Yes, there is a difference, and many in the industry will tell you the same thing. Our closing fees are competitive, while our quality is unsurpassed. We are proudly underwritten by Old Republic National Title Company.