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As a Miami Florida attorney practicing real estate law, Lisbet Campo, Esq. provides legal counsel and representation to parties involved in commercial and residential real estate transactions. If you have a legal issue in Miami-Dade, Florida, or anywhere in the State of Florida contact attorney Lisbet Campo to discuss your situation.

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Posts Tagged ‘REO’

Short Sales

Wednesday, July 21st, 2010

The recent housing bust has impacted every corner of the housing market throughout America. Approximately 15% of all homes are currently underwater which means the value of the house is lower than the outstanding balance on the mortgage. Homeowners are unable to sell because they would be required to bring cash to the closing table for the difference between the selling price and the mortgage balance.

An option for homeowners stuck in this situation is a short sale. A short sale occurs when a bank allows a homeowner to sell the property for less than what is owed on the mortgage. Banks are willing to consider a short sale because it is possible that they will loose less money than if they foreclosed on the property and then tried to sell it as an REO (real estate owned) property. You must get your bank to agree to the sale since they will be forgiving part of the debt that you owe them.

Before a seller considers doing a short sale, he must be aware of these four items and what impact they will have. They may determine whether or not you want to consider pursuing it.

Seller must prove to the bank that they have a bona fide hardship

Banks are in the business of making a profit and for that reason they are not willing to forgive part of the balance of the mortgage for sellers who are underwater. If the bank knows that you can make the monthly mortgage payment then they will expect you to make the payment. On the other hand if there is a financial hardship banks will be willing to work with you so they can limit their loss. Banks will ask you to document your financial hardship by providing bank statements, pay stubs and tax returns. If you do not have a financial hardship, you will not be able to get the bank to agree to a short sale.

Your credit score will tank

When a bank performs a short sale, this action is recorded with all three of the major credit bureaus (Equifax, Experian and TransUnion). The notion in your credit will show that the mortgage was terminated in a short sale. It is not unusual to see your credit score drop anywhere from 100 to 150 points as soon as this notation shows up in your credit report. This notation will remain on your credit report for seven years. Future lenders will be wary of any application for credit with this notation on your credit report. The only saving grace is that your score will eventually recover and it will recover faster under a short sale than if you let the property go into foreclosure.

You may be limited on your ability to purchase another house

Fannie Mae recently changed their lending requirements. If you sell a property via a short sale, you will not qualify for a Fannie Mae financed loan for two years from the date your home was sold. If you will be using Fannie Mae backed financing, there is no exception to this rule. If you want to purchase another home within two years, you may have to seek alternative financing or mortgages that are not backed by Fannie Mae.

Full Article

For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Bankruptcy, Credit Score, Debt, Debts, Economy, Foreclosure, Home, Homes, House, Jobs, Loan, Money, Mortgage, payments, Property, Relief, REO, value
Posted in Real Estate | No Comments »

REO Foreclosures

Tuesday, December 29th, 2009

When someone says that a home or property is “real estate owned” they usually describe it as REO. When someone says REO foreclosures, they are usually discussing properties already through the entire foreclosure and auction process, and back in the hands of the bank or lending company. So a home that is in the midst of a foreclosure is not an REO property? No, the foreclosure process is a lengthy legal period that usually involves the bank working with the borrower to try to formulate some way in which the foreclosure can be avoided. The bank will then usually offer the property up for auction at the amount due on the loan, and if this is not bid during the auction, the property is then reclaimed by the bank. Currently, there are hundreds of thousands of active foreclosures, and even more homes in the hands of the banks. Because of this many banks are creating rental agreements with the former owners that allow them to remain in the home, but which makes them aware that they will have to vacate when the property is once again sold. Now, many people are torn over when to step in a buy a home – when it is in the foreclosure period, or once it becomes one of a bank’s REO foreclosures. The answer is difficult to determine, but there are some notable benefits to waiting for the process to be completed and then making an offer.

Full Article

For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, REO
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Difference Between a Foreclosure Sale and an REO

Wednesday, November 25th, 2009

Due to the continuing economic depression, more and more people are losing their homes. The major reason for this is mortgage payments delinquency. Homeowners who have suddenly found themselves out of work or undergoing some financial difficulties are the ones who are experiencing this crisis. This leads to their properties being subjected to a foreclosure and later on, to a Real Estate Owned Sale. You might ask, what is the difference between a foreclosure and Real Estate Owned (REO) sale?

Here are the differences between a Foreclosure and an REO:

1. A foreclosure is a home that is not yet owned by the bank. Most homeowners attempt to sell their homes through a short sale, selling less than owed and seeking forgiveness of unpaid debt from the bank, while in an REO, the bank already owns the property and is motivated to sell it as soon as possible.

2. Homes sold through foreclosure are those that are owned by delinquent homeowners. The holder of the liens of the home has required the assistance of the court to repossess the home in order to terminate the borrower’s right to redeem. An REO is a home or property repossessed by the bank or a lender after an unsuccessful auction. These properties could be free from liens upon successful negotiations with the bank and other lien holders.

3. Foreclosed home sale is done through bidding in auction. The officer of the court or the sheriff initiates the process of bidding. The price initially starts to an amount equal to the borrower’s outstanding loan but does not exceed the property’s market value. Real estate owned properties are directly sold by the bank. They are expensive compared to a foreclosure since lenders are willing to take all opportunity for them to regain their losses.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Difference, Foreclosure, REO
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