Video Summary

What is the due on sale clause? This is a clause that is found in almost every residential mortgage, particularly if it’s from a lending institution, a bank, or whoever gives you a 30-year fixed trade mortgage, and is in almost all even owner financing mortgages. And it says that if you transfer the property that you have a mortgage that you mortgage, then the loan, the mortgage secures, becomes due and payable and you must pay that loan off. In other words, it’s non assumable. You can’t let some buyer just take over your payments because it becomes due and payable. So that’s where they get the due on sale clause is really a due on transfer clause. Now, I will say that with the commercial lenders that if, or the regular residential mortgages, if you transfer the property, they have not been, I’ve seen very few of them that have called the loan due and payable if the mortgage payments have been being made. If they get their payments, they haven’t been enforcing the due on sale clause in commercial mortgages. I don’t know that you’ll have that kind of luck, but that is what a due on sale clause is. I’m getting ready to file two foreclosure actions, and that’s not only did it not make the payments, they also transferred the property. So that’s a default under the mortgage and we’re accelerating the amount of money owed. Under the note, if you have any questions, give me a call at (727) 847-2288.

Video Summary

Is There A Redemption Period After The Foreclosure Sale In Florida? Yes, there is, but it is very, very short. After the sale the redemption period must, must be redeemed before they issue the certificate of sale, which is usually very shortly thereafter. So as a practical matter, no there isn’t. I understand that in states that have non-judicial foreclosures, that the redemption period is a considerable amount of time. However, in Florida where a judicial foreclosure state and foreclosures take a long period of time and the property is sold at a judicial sale which is an auction, and then you have third party bidders and they have to make a deposit. And then once they, the successful bidder, deposit the balance of the money into the register of the court the same day that they are the successful bidder. So your redemption period needs to take place prior to the foreclosure sale because the certificate of sale is issued shortly thereafter. If you have any questions, give me a call at (727) 847-2288.

 

Video Summary

Are there any hidden cost in buying a home in a foreclosure sale? The answer, is yes, you need to be very careful before you bid at a foreclosure sale to purchase a purchase the property. Some of the hidden cost or liens as it may be is if it’s a condominium or in a homeowner’s association. If you’re a third party bid, you’ll be responsible for paying any back due homeowners association liens, or, undo amounts that are paid. So that is one area that you have the hidden cost. I’ve seen any number of times when people would buy the property at a foreclosure sale. Whenever the homeowner’s association or condominium association is foreclosing on their assessments. And it looks like a really good deal, because they get this, you know, expensive property and they only have to pay a few thousand dollars whenever the property’s worth two or $300,000. While you take it subject to any superior mortgages, meaning mortgages or liens that were filed before, the foreclosure action or whatever the lien or, second mortgage that was being foreclosed upon.
And so when you take title to the property, it’ll be subject to that and your interest can be foreclosed out by the first mortgage holder. And, or if there may even be a federal tax lie or any number of lie that can be attached to that. So,you need to do a title search on the property to make sure that there, that there are no prior mortgages and it’s hard to tell whether or not there’s any back due homeowners association, liens or condominium liens, unless they filed it. And then there’s usually even more on top of that. So, if you have any questions, you can give me a call at (727) 847-2288.

Video Summary

What is an assumption agreement? The assumption agreement is usually involved a real estate transaction, where the buyer is going to take over the mortgage payments of the seller. So, the buyer takes over the payments or assumes those payments and starts making the payments. Now, if you have an assumption agreement with the lender then you have to have all parties agree to that, that the buyer will make the payments. And the lender recognizes the buyer as the new borrower and the new borrower continue is the one that is liable for the loan. However, most lenders do not release the seller or the person who initially made the loan. So, they’ll hold both parties responsible. So, an assumption agreement is between the lender, the person who borrowed the money or the person that’s indebted and the person who’s taking over the loan payments. And that’s what the assumption agreement is. If you have any questions about it, give me a call at (727) 847-2288.

Video Summary

Are there any alternatives to foreclosure? Fortunately, yes. And these days and times, and that there’s been a hold put on foreclosures if it’s a federally insured loan. So the first matter that you may want to consider, if you’re going into foreclosure is to contact your lender and see about getting them mortgage modification, and they may be willing to work with you as far as modifying the mortgage, reducing your payments, taking your rearages and put them on a, as I say, the backend of the loan or, including them in the loan amount. In order to do that, you would of course, have to have a job and send them your financial information and your expenses. If that, if you’re an unable to get a modification, you might want to consider what they call a short sale that the mortgage is for more than what your property is worth. You can  sell the property and the lenders may take the net proceeds and, and satisfy the loan. Now the property is worth more than what the loan is. Well, then the solution of course, is just to sell the property, pay off the mortgage. And that way you don’t have to worry about a foreclosure action and you can sell your property any time prior to the property being sold at judicial sale. So just because they file a foreclosure action doesn’t mean that you can’t still sell your property. Another approach or another alternative to foreclosure is to do a deed and deed the property back to your lender. The lender must agree to do that. As far as that’s concerned is called a deed in lieu of foreclosure. If you’re also none of these work above and, and you want to work with your lender, in particularly if there’s a second mortgage, then you can work with your lender. As far as a stipulations concern that they take back the property. However they don’t seek a deficiency judgment, meaning if their property is worth less than the mortgage, they don’t try and sue you for the difference. So those are some of the alternatives to foreclosure. If you have any questions, you can give me a call at (727) 847-2288.