[House4Sale]

cfI, I e'd you but my note "took off" before I had a chance to pop name on it. That transmission is from me. Thanks. H4S

[cfIfan]

Originally Posted by House4Sale

cfI, I e'd you but my note "took off" before I had a chance to pop name on it. That transmission is from me. Thanks. H4S

Sorry do you mean emailed me? I never recieved anything?

[cfIfan]

lol, it just came through once i sent you that message...lol typical. Ill keep it out there incase i have anyone interested in that area. No problem

[House4Sale]

Sure thing. Thanks.

[heydade]

got an update from a friend..he stopped paying in January and only receivd his lis pendens a month ago. At this rate, he will not be evicted until January of next year. Seems like it takes 1 year in South Florida to get thrown out of your home if you are going through a foreclosure. I bet that will increase too.

[FNeustein]

ABSOLUTELY. Even more interesting, and what most people do not realize, is that they can stop foreclosure even if they stopped paying their mortgage. Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case. Due to the lender's actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay in your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure. It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buy you precious time to:


* Stay in your home
* Negotiate a work-out with the bank
* Sell your home for a fair price
* Refinance your home at a fair rate
* Continue to collect rent on the property
* Apply for a Court Ordered repayment plan
* File a Chapter 13 or 7 Bankruptcy


When home owners are faced with the reality of facing a potential foreclosure, many experience a state of paralysis. They don't know what to do. Selling the home may not be an option since the equity appears to have vanished. To fight foreclosure or not? That is the question. Clouding the answer is perhaps the biggest misconception, "Hiring an attorney is not a cost-effective option." If I can't afford to pay my mortgage, then how in the world can I afford to hire a competent attorney? And why should I, if I am upside down in my home? First of all, EVERYONE can and should hire an attorney to represent them in their foreclosure case. There are many competent attorneys who specialize in this area. Due to the growing number of these cases, many attorneys have become "experts" in this area. Due to the fact that most of these cases are very similar, many excellent attorneys have experienced staff and can offer extremely affordable payment arrangements. Most people don't know that once the foreclosure proceeding has started, the bank will not accept any future mortgage payments - doing so may adversely affect their ability to foreclose on your property. Furthermore, the bank pays any delinquent real estate taxes and the insurance on the property. In summation, once the bank files a foreclosure lawsuit, most of the homeowner's expenses are being paid by the bank (mortgage, taxes and insurance). However, as the legal owner of the house with full possession, you have all the rights associated with same including residing in your home, collecting rents on the property, etc. Imagine the "EQUITY" you can save / build, if you fight the foreclosure case for a year or more. The cost of qualified legal representation is a drop in the bucket compared to your typical home ownership overhead. Time is money and the real estate and financial markets are likely to turn around. The hiring of the right attorney will save you thousands of actual dollars, in addition to thousands in time value of money. Its really a no-brainer.

Respectfully,
Frederick A Neustein

[theone7961]

Originally Posted by foreclosurelawyer

ABSOLUTELY. Even more interesting, and what most people do not realize, is that they can stop foreclosure even if they stopped paying their mortgage. Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case. Due to the lender's actions, omissions or other facts surrounding your case, you may be able to stop making mortgage payments and stay in your home while your attorney vigorously defends your property. This does not necessarily mean that you will not have to pay the loan back or completely Stop Foreclosure. It is possible to completely Stop Foreclosure if the bank or lender is in violation of the Florida Unfair Lending Act or other predatory lending practices. If the lender has committed such a violation, the entire principal and interest balance may be waived and the mortgage may be voided. This may not be relevant in your case. But, at the very least, a successful defense can do is buy you precious time to:


* Stay in your home
* Negotiate a work-out with the bank
* Sell your home for a fair price
* Refinance your home at a fair rate
* Continue to collect rent on the property
* Apply for a Court Ordered repayment plan
* File a Chapter 13 or 7 Bankruptcy


When home owners are faced with the reality of facing a potential foreclosure, many experience a state of paralysis. They don't know what to do. Selling the home may not be an option since the equity appears to have vanished. To fight foreclosure or not? That is the question. Clouding the answer is perhaps the biggest misconception, "Hiring an attorney is not a cost-effective option." If I can't afford to pay my mortgage, then how in the world can I afford to hire a competent attorney? And why should I, if I am upside down in my home? First of all, EVERYONE can and should hire an attorney to represent them in their foreclosure case. There are many competent attorneys who specialize in this area. Due to the growing number of these cases, many attorneys have become "experts" in this area. Due to the fact that most of these cases are very similar, many excellent attorneys have experienced staff and can offer extremely affordable payment arrangements. Most people don't know that once the foreclosure proceeding has started, the bank will not accept any future mortgage payments - doing so may adversely affect their ability to foreclose on your property. Furthermore, the bank pays any delinquent real estate taxes and the insurance on the property. In summation, once the bank files a foreclosure lawsuit, most of the homeowner's expenses are being paid by the bank (mortgage, taxes and insurance). However, as the legal owner of the house with full possession, you have all the rights associated with same including residing in your home, collecting rents on the property, etc. Imagine the "EQUITY" you can save / build, if you fight the foreclosure case for a year or more. The cost of qualified legal representation is a drop in the bucket compared to your typical home ownership overhead. Time is money and the real estate and financial markets are likely to turn around. The hiring of the right attorney will save you thousands of actual dollars, in addition to thousands in time value of money. Its really a no-brainer.

Respectfully,
Frederick A Neustein
StopForeclosureLawyer.com

Thank you for that information, I don't live in FL but Illinois. Here in Illinois the Sheriff will not put anyone one right now. My house will soon go into foreclosure, I have been unemployed now for over 5 months. I am now going to relocate to another state. The only thing I am trying to keep is my car, obivously for transporatation purposes. I am going to put things in storage pay 2 months and pray that I find a job. I am not in foreclosure yet, but I have told my mortgage company that I will do a short sale, I have filed for bankruptcy I have friends who are attorneys and they have handled this for me for free. Next I will have then deal with the house. Thanks for that information it was helpful.

[FlaLadyB]

From listening to people calling me on a daily basis, plus the fact that my best friend is in foreclosure and has not paid her mortgage in over a year and is still in her house....I hear fear in everyones voice. Fear that they are losing everything they put their hard earned money in to and tried to keep. People who are renting in a house that the owner has not paid his mortgage and intentionally did not tell the tenant and then have the knock on the door with the NOTICE of foreclosure and lose their last and security deposit while the owner continues to DEMAND they pay rent.

Who's in the right here? I am going to start a new thread since I have not been able to give anyone a straigt LEGAL answer about what happens when.....

Please help me out if you know the legal answers.............

[PropWash]

Originally Posted by FlaLadyB

From listening to people calling me on a daily basis, plus the fact that my best friend is in foreclosure and has not paid her mortgage in over a year and is still in her house....I hear fear in everyones voice. Fear that they are losing everything they put their hard earned money in to and tried to keep. People who are renting in a house that the owner has not paid his mortgage and intentionally did not tell the tenant and then have the knock on the door with the NOTICE of foreclosure and lose their last and security deposit while the owner continues to DEMAND they pay rent.

Who's in the right here? I am going to start a new thread since I have not been able to give anyone a straigt LEGAL answer about what happens when.....

Please help me out if you know the legal answers.............

Well, perhaps I'm about to find out, because I was in my newly-leased home for less than 24 hours before my R.E. agen knocked on the door to tell me the owner was "giving the house back to the bank."

(Does this mean "foreclosure" in Florida speak?)


FlaLabyB: I read our other thread here and you are now one of my newest friends!

I plan on retaining an attorney and squeezing the entire year out of my lease.
I'll pay my rent on time every month and not give the landlord any loophole for eviction.

The real estate agent (can no longer call him "my" real estate agent) told me that since I paid 1st, last and security plus a pet deposit, that I could "stay for 3 months, then live for free until the bank assumed possession."

I think this is a bad idea. Do you?
I have a contract to pay a monthly lease payment and if I continue to pay - no matter what - I would assume that I would not be breaking the terms of the lease.

Opinions?

[floridasandy]

Originally Posted by PropWash

Well, perhaps I'm about to find out, because I was in my newly-leased home for less than 24 hours before my R.E. agen knocked on the door to tell me the owner was "giving the house back to the bank."

(Does this mean "foreclosure" in Florida speak?)


FlaLabyB: I read our other thread here and you are now one of my newest friends!

I plan on retaining an attorney and squeezing the entire year out of my lease.
I'll pay my rent on time every month and not give the landlord any loophole for eviction.

The real estate agent (can no longer call him "my" real estate agent) told me that since I paid 1st, last and security plus a pet deposit, that I could "stay for 3 months, then live for free until the bank assumed possession."

I think this is a bad idea. Do you?
I have a contract to pay a monthly lease payment and if I continue to pay - no matter what - I would assume that I would not be breaking the terms of the lease.

Opinions?

you will want to read this:
The Klein Law Group - A Florida Tenant's Guide to Foreclosure