SB 1196 Goes to Governor Scott’s Desk: Will He Veto New Law That Ends Implied Warranty of Developers and Puts Burden on Homeowners’ Associations and Individual Florida Home Buyers?

Larry Tolchinsky | March 15, 2012

The Florida Legislature has passed SB 1196 and it’s setting on the Governor’s desk, awaiting his decision on whether to veto the darn thing or sign it into effective Florida law.   Here is the full text of the law: Section 553.835, Florida Statutes Implied warranties.— (1) The Legislature finds that the courts have reached different [...]

Florida AG Bondi Says State AG’s Bank Foreclosure Fraud Settlement Is Big Accomplishment But Most Floridians Are Not Going to See A Dime and Many are Reportedly Getting Angry About It

Larry Tolchinsky | March 13, 2012

Yesterday in a Washington, D.C., federal courthouse, the formal settlement documents were filed of record in the State Attorneys General – Big Banks Foreclosure Fraud Settlement Deal, where the five big national banks (Ally Financial, Bank of America, Citgroup, JPMorgan Chase, Wells Fargo) agreed to pay a certain amount of money in exchange for being [...]

Florida Home Owners Stress Levels on the Rise: New Laws Mean Flood of 1099Cs, Foreclosure Upswing in 2012 – 2013

Larry Tolchinsky | March 8, 2012

It’s very stressful to be a Florida home owner dealing with an underwater mortgage or defaulting on a home loan.  Your credit rating is getting zapped, there are all the collection practices by the mortgage lender to juggle, and then there’s the legal process itself – strategizing with your lawyer on your home and mortgage [...]

Florida Foreclosure – Beware Banks Not Providing Proper Cancellation of Note (the “Zombie Note”): More Widespread Violations of Florida Law

Larry Tolchinsky | March 6, 2012

Here in Florida, we have a snowball that just keeps rolling along, getting bigger and bigger: the national spotlight is finally noticing a big problem that Florida real estate attorneys representing Florida home owners in things like foreclosure defense and short sale counseling have known for a long time:  it’s not just bad real estate [...]

Florida Illegal or Nonconforming Home Conversions Are Growing Problem: Florida Home and Condo Buyers Should Know Risks of Buying Home With Illegal Improvements

Larry Tolchinsky | March 1, 2012

The reality that Florida real estate is in a Wild West situation is known by most professionals in the real estate industry — but it just keeps getting more wild it seems.  Now, there is a growing problem with illegal home conversions – which potential buyers may know as “nonconforming conversions. ” Surf through sites [...]

Florida Homes Foreclosed by Federal Government Become Rentals: FHFA Invites Landlords in Pilot Phase of New Fed Program While Congress Asks FHFA to Start Working With Underwater Homeowners

Larry Tolchinsky | February 28, 2012

The Federal Housing Finance Agency (FHFA), the federal agency that regulates the housing market in this country, is going to begin selling homes that have been foreclosed upon by Fannie Mae to vetted investors in certain parts of the country now, as part of its test run – or pilot phase – of the new [...]

Future of Florida Deficiency Judgments on Florida Home Mortgages – Will New Laws Limit or End Bank’s Ability to Sue for Unpaid Mortgage Balance?

Larry Tolchinsky | February 23, 2012

This week, the proposed Florida Fair Foreclosure Act got one step closer to becoming law when the Florida State Senate Judiciary Committee okayed the foreclosure bill.  In the near future, the Florida Legislature should be voting on this proposal and you can track the progress of  this bill (SB 1890) online here. This is a [...]

Five Things To Know About The Income Tax Break For Short Sales, Foreclosures, and Loan Modifications That Ends December 2012

Larry Tolchinsky | January 26, 2012

As discussed in our earlier post, a major tax break will end on December 31, 2012, that helps Florida home owners facing foreclosures, negotiating loan modifications, or working on a short sale of their home.  For several years, a federal law has exempted the amount that isn’t covered by the foreclosure or short sale or [...]

How the Federal Servicing Alignment Initiative Helps Florida Home Owners Wanting to Short Sale

Larry Tolchinsky | January 17, 2012

The Federal Housing Finance Agency (FHFA) implemented the federal Servicing Alignment Initiative last year and, in 2012, this new federal incentive plan should boost the number of short sales here in Florida, which is great news for home owners wanting to avoid a foreclosure. What is the Servicing Alignment Initiative? The Servicing Alignment Initiative is [...]

The Short Sale Transaction in Florida: Things That the Seller (and Buyer) Need to Know Before Closing the Short Sale of a Florida Home – Clouds on Title

Larry Tolchinsky | January 3, 2012

The former chief economist for the National Association of Realtors (1987-97) and the current chief economist for Florida Realtors | Orlando gave his take this week on the current Florida real estate climate in an article written by Orlando Sentinel staff writer Mary Shanklin.  You can read the full article, entitled “Talking With … John [...]