If you are a Florida homeowner currently upside down on and can no longer make payments on your mortgage (due to loss of job, medical bills, divorce or an option arm that is resetting higher), you may be in a position to sell your home in a short sale and prevent a foreclosure from appearing on your credit report. A short sale is an excellent alternative to avoid foreclosure and can offer you time and protection, as long as it is done properly by a qualified real estate attorney.
A short sale is an agreement between a lender and a homeowner to sell the property for less than what is owed on the mortgage. During the negotiating process of a short sale, your lender will confer with attorneys’ and other real estate specialists to protect their financial interests and so should you!
Many Realtors, Title Companies, and Short Sale Negotiation Companies are offering their services to homeowners without the benefit of legal representation. Anyone can negotiate a Short Sale; only an attorney can provide legal advice on issues within the Short Sale which could affect the final resolution of the transaction.
ALL Homeowners deserve the benefit of legal representation during this process. Short Sale Negotiators without attorneys cannot provide such representation.
HAFA provides incentives in connection with a short sale or a deed-in-lieu of foreclosure used to avoid foreclosure on a loan eligible for modification under the HAMP program.
Some of the provisions include:
The Florida Consumer Law Center located in Tampa, provides legal consultations for short sale homeowners or homeowner trying to avoid their lender foreclosing on them.