Will Mandatory Mediation Help Foreclosures in St. Augustine?

March 3, 2010

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Florida is one of the states hit very hard by residential foreclosures. We had over 13,000 foreclosure filings in the Seventh Circuit Court (for Flagler, St. Johns, Putnam and Volusia Counties) in 2008 and over 16,000 filings in 2009.

A task force was formed to address the crises and they identified lack of communication between the parties as the most significant issue. The Florida Supreme Court addressed this issue by requiring mediation in all foreclosure cases involving homestead property unless the parties agree otherwise or have already participated in mediation.

The mediation will be handled by a Florida Supreme Court certified mediator appointed by the Court. The costs of the mediation will be paid by the lender and the total cost may not exceed $750. The plaintiff (lender) must have a representative who has full authority to settle at the mediation but they may appear by telephone or other electronic method. Read more

What is Foreclosure?

October 14, 2009

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DSC_0326Are you are struggling to make your mortgage payment and afraid your home may be foreclosed? You are not alone. There are many foreclosures in St. Augustine, Jacksonville and the rest of the Country.

Many people don’t understand how foreclosures work. Foreclosure is a process with four phases.

1. Default – You must miss a payment or more likely several payments to be in default. You may also enter the foreclosure process if you miss payments to a local taxing authority, a condo association or a homeowners association.
2. Legal Notice – The lender or foreclosing party must notify the owner that they are entering into the foreclosure process. In Florida they file a Notice of Lis Pendens. The owner will be personally served with the document and/or the foreclosure will be published in accordance with the local statutes.
3. Bank Sale or Auction Date – In Florida a Judgment of Foreclosure is filed that sets a sale date. The full amount due including penalties will be listed in the Judgment. On the sale date the property will be sold at the County Courthouse. Read more

What is a Short Sale?

September 23, 2009

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Short Sales Defined“Short sale” is a term I have heard a lot lately. I knew it referred to when a home owner sold their house for less than what they owed on it – with the lender’s approval. But I wasn’t exactly sure how it worked. So, when I was having coffee with Mirtha Barzaga – a Realtor at Davidson Realty, who is a Certified Distressed Property Expert (CDPE) and sells real estate and foreclosures in Jacksonville – I asked her about it.

She told me a story about a recent transaction she had done with her teammates, Juana Hausted and Pauline Cake, to show me how it works with the help of a professional. A Navy officer couple came to her when they were transferred from Florida to Virginia. They had bought a house they loved in World Golf Village three years ago, but the housing allowance wasn’t enough to keep it after their move. Mirtha explained they tried to modify their loan Read more

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