South Florida Foreclosure Tips

There are many useful foreclosure tips that one should know if you might have problem making payments on your house. Here are some tips and useful information:

1)    If you realize you might not be able to make a payment, contact and notify your mortgage company immediately.

2)    Make sure that all mail from your mortgage company is acknowledged and responded to the company.

3)    You should educate yourself about your rights as a homeowner; educate yourself on foreclosureprevention options as well as foreclosure laws in your county.

4)    Make sure to read all mortgage documents meticulously so that you can become familiar with all necessary steps that is required of you not being able to make a payment.

5)    Create a household budget to keep your daily spending in line, e.g.: cut cost on non essential items.

6)    Search for ways to make extra income either by selling non-essential items, or find additional work to help with additional income.

7)    Schedule an appointment with a housing counselor to review your unique situation and provide any assistance that is needed.

For further questions on foreclosure or foreclosure defense please do not hesitate to contact KS-Attorneys at law for your obligation free consultation at KS-Law.com or contact directly at 561-939-8042.

 

 

Foreclosures Rise in S. Florida! Here are some helpful tips...

   Oh the beautiful Sunshine State, Sunny South Florida beaches and the many attractions appeals many people to flock to South Florida. Excuse me, they’re not just flocking, they are sprinting to homes near you to snatch up the foreclosed homes in you neighborhood.  According to Realty Trac, “South Florida still ranks among the top 20 markets nationwide in which to purchase foreclosures this year.”

According to Real Trac, 7 counties spread throughout the state of Florida have made the list of “Top 20 Markets nationwide in which to buy foreclosures this year. These counties include Lakeland which landed No.5, Tampa-St. Petersburg at No.6, Jacksonville at No.7, Orlando at No.9 as well as Palm Beach, Broward and Miami Dade counties coming in at No.12 on the list. Realty Trac states that in Palm Beach County, 2,950 are waiting victims of the bank in 2013. They go on to say that, 1 in every 224 housing units in Palm Beach County are up for foreclosure.

Tina El Fadel, a foreclosure defense attorney at KS Attorneys at law states: “If properly defended a foreclosure case could take up to 2 years, but if ignored it will be considered a default and could result in one losing their home within 4 months”. Every foreclosure is unique , you are not without defenses. Florida is a judicial state which means that the bank has to prove they have the right to foreclose, this includes but not limited to the proper party being before the court as well as proper documentation.

For help with you foreclosure defense or would like more information about foreclosure defense, please contact KS Attorneys at Law at ks-law.com or call to schedule an obligation free, consultation at 561-939-8042. It’s not too late to stop your foreclosure case.

 

Judicial and Nonjudicial Foreclosure

In some states, particularly those where only judicial foreclosure is available, the constitutional issue of due process has affected the ability of some lenders to foreclose. In Ohio, the federal district court for the Northern District of Ohio has dismissed numerous foreclosure actions by lenders because of the inability of the alleged lender to prove that they are the real party in interest. In June 2008, a Colorado district court judge also dismissed a foreclosure action because of failure of the alleged lender to prove they were the real party in interest.

In contrast, in six federal judicials aspect and the majority of nonjudicial foreclosure states (like California), due process has already been judicially determined to be a frivolous defense. The entire point of nonjudicial foreclosure is that there is no state actor (i.e., a court) involved. The constitutional right of due process protects people only from violations of their civil rights by state actors, not private actors. A further rationale is that under the principle of freedom of contract, if debtors wish to enjoy the additional protection of the formalities of judicial foreclosure, it is their burden to find a lender willing to provide a loan secured by a traditional conventional mortgage instead of a deed of trust with a power of sale. The difficulty in finding such a lender in nonjudicial foreclosure states is not the state's problem. Courts have also rejected as frivolous the argument that the mere legislative act of authorizing the nonjudicial foreclosure process thereby transforms the process itself into state action.

In turn, since there is no right to due process in nonjudicial foreclosure, it has been held that it is irrelevant whether the borrower had actual notice (i.e., subjective awareness) of the foreclosure, as long as the foreclosure trustee performed the tasks prescribed by statute in an attempt to give notice.