Video Summary

Is there a statute of limitations on mortgage loans left over after a foreclosure? The answer is yes. The Floyd legislature changed law several years ago that said that the lender must file an action for a deficiency judgment within one year of the date of the foreclosure sale. So therefore they have one year in which to bring an action for this deficiency judgment. If they got a judgment several years ago before the statute, this may not be applicable. If you have questions, email me at q@rdwaller.com or on social media, it’s #wallerlegal, or call me at 727-847-2288.

 

 

 

 

Video Summary

Once I receive a homestead exemption, how do I get my mortgage payments to lower? You cannot get your payments lowered once you get your homestead exemption in place. That is a function that your mortgage company does. They review your escrow, and it’ll take them about 18 months after you get your homestead exemption. You get your first tax bill, they will then analyze your escrow to see if they’re collecting too little or too much, and then they will adjust your payments.

You cannot, just because you filed for homestead exemption, get them to lower other than if you call your lender and try and talk to them about it, you may be able to talk to them about it, but I think that you’re going to wind up being somewhat frustrated until they see the actual tax bill. Once you file for homestead exemption, the following November after you file, after the first of the next year, is when the first bill will come out and then after that they will take some time to adjust it. It is a function of your lender, who is obligated by law to review your escrow. I’m not sure just the time period, but I’d give it about 18 months after the first of the year. Big thing is, be sure you file for homestead exemption. If you have any questions about your mortgage, give me a call at 727-847-2288.

Video Summary

How do I remove a lien from my property if the contractor’s no longer in business? The construction lien statutes provide a couple of ways to have the lien removed. One is you can transfer it to a cash bond and that way you can remove it from the property and proceed with a refinance. The second way, if you’ve already paid them and you wish to remove the lien, you can file a notice of contest of lien in the public records and the contactor has 60 days in which to file a foreclosure action or else the lien is extinguished. Those are two ways to do that.

The other way if you’ve paid the contractor and to track down to try and get him to sign a release, if you’ve done that, you also whenever you’re refinancing or selling the property, you need to terminate your notice of commencement and then also get a contractor’s final affidavit from whoever did the work for you under the notice of commencement in order to be able to ensure that the title against any construction liens.

If you have a problem with a construction lien and problems with your contractor, give me a call. I’ll be glad to help you and see about getting the transaction closed for you or eliminating the claim of lien. Give me a call at 727-847-2288.

Video Summary

Can I fire my title company after I have a sales contract with them? Well, are there any reasons to fire your title company? Well, yes there are. If they’re not performing or they tell you that you can’t solve particular problems, so that you do have the ability to do that. The title company is usually controlled by the contract, or whenever you sell your property it says the buyer can select the title agent, or it says the seller can select. In the Tampa Bay/Pasco County/Pinellas Hillsborough area, almost all contracts provide that the seller will select and pay for the title insurance. That gives you the ability to do that.

Many realtors also have a title company which the broker has some interest or they partner with someone, so many times they just simply take care of it for the seller and don’t confer with the seller as to what title company they wish to use, and the title company proceeds with it. You do have a choice as to whom you would like to select. Furthermore, if you’re not pleased with or you’re having problems with them, there’s no problem with discharging them. Usually in the title industry, they don’t try and charge for the work that they have done. Then you can select whatever title company you would like.

If you’re listing your home, you may wish to choose your real estate attorney or someone else to write the title insurance and be your title agent so you have someone available and if so, you simply need to let the realtor know whenever you sign the listing agreement who you’d like to close the transaction. Or, once you signed your contract, you need to tell them that you would like, in the Pasco County area say, “Well, I’d like to have Roland Waller take care of my title insurance, and that I understand that he’s an attorney, sits at the table and closes the deal, and doesn’t charge an additional attorney fee.” That’s something that you can do. You can select, you can discharge your title agent and rehire another one.

The reasons why you would fire or discharge your title agent is because they’re not performing or they are insisting that there’s a title problem, that they want you to pay a lien that you don’t believe that you should or you can pay, so you may need to confer with a different title agent or an attorney title agent such as myself to see if I can solve the problems. If so, then I can serve as the title agent, although if there are title problems, there may be an additional charge for attorney fees to resolve any title issues and you can move the title order.

Whenever you’re refinancing, many times the lender will say, “Well, could I see your title policy that you had whenever you purchased the property?” The reason for that is, is that you can give them the owner’s policy when you purchase the property. You can get what they call a reissue credit or a discount on your title insurance. You can tell whatever lender you select whom you would like to do your title work. If you tell your lender, “Well, I’d like to have Roland Waller be my title agent,” and give them my information, well then, I would be pleased to handle the refinance for you, so you can select that and the lender should use whoever you select, since you will be paying for it. If I’ve closed a deal previously, I can see about finding your prior policy and give you a reissue credit as far as refinancing’s concerned.

If you’re getting ready to sell your house, well, tell you realtor that you’d like to have my office handle the title insurance, and we’ll be glad to quote you the fees, which I think are competitive with any title company, and you get the bonus of having me either at the closing table, or certainly reviewing the matter ahead of time. If you’re with a lender, you can also ask them use my office as far as refinancing the property. If you are refinancing, well, I look forward to hearing from you. My phone number is 727-847-2288.