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 [...]

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New Pew Study Finds Many Americans Think It’s Okay to Default on an Underwater Mortgage: Evaluating Your Options

Larry Tolchinsky | December 29, 2011

The Pew Research Center is one of the country’s most respected research firms, and here at year end, many are listening to what Pew is  reporting regarding Americans’ take on the foreclosure crisis and people not paying their mortgages.  What has Pew discovered? In answers to a Pew survey, thirty-six percent (36%) of Americans said [...]

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Florida Short Sales: Should You Short Sale Your Florida Home in 2012?

Larry Tolchinsky | December 27, 2011

Here we are at the end of a stressful financial year for South Florida, and it’s time for all those New Year’s Resolutions to be made for 2012.  Finances are considered, plans are made…and for Florida homeowners with underwater mortgages or with defaulting home loans who are sitting in homes with the stress of a [...]

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Florida Homeowners Win One Battle in Foreclosure Fraud as Florida Appeals Court Rules In Their Favor in McLean v. J.P. Morgan Chase

Larry Tolchinsky | December 20, 2011

The Florida Fourth District Court of Appeals just issued an opinion that is a very big deal for Florida homeowners everywhere – but especially those who are facing foreclosure as well as those with underwater mortgages who are wondering what their future holds.  In Robert McLean v. J.P. Morgan Chase, as Trustee, Florida’s homeowners won [...]

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Florida Foreclosure Defense Basics: The Difference Between Your Note and Your Mortgage and Your Deed of Trust (and Why You Should Care About This)

Larry Tolchinsky | December 15, 2011

Florida home owners – especially those in trouble on their home loans and considering foreclosure, short sale, or what to do about their underwater mortgage – need to know the difference between some of the documents that they signed long ago when they bought their home. Note, Mortgage, Deed of Trust: what are they, what [...]

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The Power of Real Estate Law: Banks Cannot Legally Foreclose Upon Real Estate Loans They Don’t Own (Even Though YES They’ve Been Foreclosing On Homes Without Them)

Larry Tolchinsky | December 1, 2011

Go down to any real estate records office anywhere in Florida, and get ready for a history lesson.  Florida land ownership goes back to the days of Spanish land grants – and because land ownership has always been so important to people, there have always been careful records kept of who owns what tract of [...]

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5 Things for Florida Foreclosure Mortgage Fraud Victims to Know About Federal Money Toll-Free Program for Foreclosed Homeowners Announced This Week

Larry Tolchinsky | November 3, 2011

A new federal government program kicked off this week, designed to help Americans who have been victims of Foreclosure Mortgage Fraud, which is great – if you are eligible for it.  That’s a Big If. The federal government hit the ground running in November 2011 by announcing it had opened its doors to a new [...]

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Buyer of Foreclosure Held Not to Have Title to Land: According to Mass Supreme Court It Remains With the Homeowner Who Lost His Home to a Bank Mortgage Foreclosure

Larry Tolchinsky | November 1, 2011

The Massachusetts Supreme Court has released its decision in a foreclosure fraud case that may impact mortgage holders as well as buyers of foreclosed properties in Florida and across the United States. Back in January 2011, we along with other real estate attorneys and state court judges from all over the state and the rest [...]

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Florida Deficiency Lawsuits Against Florida Homeowners Who Walked Away From Their Mortgages: Are You About to be Sued for the Deficiency Balance Left on Your Florida Mortgage? (Answer Likely is Yes)

Larry Tolchinsky | October 27, 2011

Florida has been in tough economic times for a long while now, and lots of Florida homeowners, stressed and frustrated, have chosen to move on — walking away from their homes and their mortgages.   This may have seemed like a smart idea at the time, or maybe the only idea at the time, but here’s [...]

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Florida Foreclosure Crisis This Week: Feds Intro New Underwater Mortgage Help Via HARP and Florida Supreme Court Foreclosure Mediation Report is Released

Larry Tolchinsky | October 25, 2011

HARP was revised this week by the federal government in the hopes that up to 1 million Americans with underwater mortgages can get refinancing through a program overseen by Fannie Mae and Freddie Mac. Expanding HARP is a big deal; President Obama held a news conference this week over in Vegas to give the details.   [...]

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