Miami Real Estate Attorney Blog

Short Sales 101

The real estate boom has come and gone. Today’s market, driven by short sales, looks much different than it did five years ago, during the peak of the boom.

The real estate boom was created in large part thanks to banks and mortgage companies that competed fast and hard to attract borrowers. Gone were the days of requiring borrowers to have good credit and cash down payments. That traditional model was replaced by aggressive, accommodating and very creative banks and mortgage lenders. These aggressive institutions created new loan programs revolving around “stated income” or “no income verification” loans, as well as 100% financing, and adjustable rate loans with introductory, ultra low “teaser” interest rates.

The thought process, at the time, was that no one would lose money on investing on people’s homes. After all, and at the time, the country was experiencing record growth in the real estate sector. It was not uncommon to realize double digit growth/profits in as little as several months. In other words, how could any of the parties to the transaction get hurt with the double digit level of appreciation that the market was enjoying at the time. The speculative boom was in full force.

Well, today we know that the madness came to a screeching stop, and it crashed the nation’s economy with it.

But the collapse of the real estate market has also brought fresh opportunities to the savvy investor or purchaser.

Short sales now dominate the market. Where many purchasers had purchased real estate with no money down, it is not surprising that many of them find themselves in a precarious position today. They are upside down in their loan, owing more to their mortgage lender than their property is worth.

If those borrowers are fortunate enough to find a purchaser who can qualify for a traditional, fully documented mortgage loan under the new, and tighter, lending guidelines, then they need to push for a short sale approval.

A short sale is a transaction the proceeds of the sale will not be sufficient to cover the outstanding debt and closing costs.

However, the short sale process can often times be a maddening one that takes a lot of time. Indeed, it takes on average 501 days to complete a short sale in South Florida. And you will often times need to retain the services of a short sale specialist to held navigate this issue.
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Consider Your Options. Contact Us Today.

We are certainly in difficult times. At Alvarez & Barbara, LLP, we understand all of our client’s individual needs and pride ourselves in providing high quality service.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.

Has Miami’s Real Estate Market Hit Bottom? Is It Time to Buy Now?

One of the tragedies of the real estate collapse is that fewer Americans own their homes today. Not only that, but the American that’s do own their homes today have seen the value of those homes decrease rather dramatically over the span of the past several years.

The United States Census Bureau recently reported that the nation’s home ownership rate fell to 66% in the fourth quarter, continuing a seven year drop from the one quarter peak of 69.2% in 2004. At the same time, United States home prices fell 1.3% in November from October and were 3.7% below 2010 levels.

These statistics illustrate that the recent real estate collapse was the worst that this nation has experienced since the Great Depression of 1930’s.

Locally, we are seeing mixed signals. On the one hand, 2011 was actually a record year. More properties were sold in 2011 than at any other time in our county’s history. And that includes during the height of the real estate boom.

Those sales are bolstered in large part by foreign buyers that see great value in a depressed market such as Miami. International investors, with wads of cash, are buying fantastic properties at bargain prices in Miami.

Additionally, interest rates continue to hover at historic lows that we are not likely to see for another generation.

But all of that does not spell the end of the bust associated with the real estate market. Indeed, inventory is still high, and it is still unknown how much “shadow inventory” the banks actually possess. Foreclosures also continue to rise.

Often, an attorney is needed to navigate these troubled waters. We currently represent lenders, borrowers, buyers, sellers, and developers. This broad array of experience allows us to effectively take a multi-faceted approach to our clients’ legal issues. No matter what you or your business’s needs may be when it comes to real estate, don’t hesitate to contact Alvarez & Barbara, LLP.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

We are certainly in difficult times. At Alvarez & Barbara, LLP, we understand all of our client’s individual needs and pride ourselves in providing high quality service.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.

Miami’s Real Estate Market was Bolstered by Foreign Buyers for a Record 2011 in Terms of Number of Homes Sold

Thanks in large part to international buyers purchasing real estate in Miami-Dade County, 2011 set records for the number of real estate sales for all years on record. Yes, even more than the years associated with the real estate boom, and, in particular, the peak of the boom back in 2005.

A total of 24,929 combined condominiums and homes were sold in Miami-Dade County in 2011, up 46% from 2010 and up 4%when compared to 2005.

Condominium sales surged 54%, to 15,009 in 2011, and home sales rose 36% to 9920. Interestingly enough, some are suggesting that Miami Dade County is on the verge of a real estate boom. Demand is particularly high for properties located in the design District, Brickell, and Miami Beach.

A major reason for the record numbers, and boom, is the fact that international investors, with wads of cash, are buying fantastic properties at bargain prices in Miami-Dade County.

Additionally, interest rates and real estate prices remain at historic lows. Bank-owned properties and short sales, comprising “distressed sales,” also helped fuel the real estate market last year. In December, 54 percent of all closed residential sales in Miami-Dade were distressed, compared to 59 percent in December 2010. Unlike a year ago, there are now more short sales closing than bank-owned properties.

Although we’re hearing some good news, today’s current real estate market, and ongoing foreclosure crisespresents all sorts of issues that must be properly navigated.

We are certainly in difficult times. At Alvarez & Barbara, LLP, we understand all of our client’s individual needs and pride ourselves in providing high quality service.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.

Real Estate Round Up – What do Burt Reynolds and OJ Simpson have in Common?

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If you answered that they both played football in college, you would be correct. Burt Reynolds played football for FSU, while OJ Simpson had a highly decorated football career that culminated with an induction into the Pro Football Hall of Fame after having won a Heisman Trophy at USC.

But they share something else in common. They have both been hit with foreclosures.

Burt Reynolds faces the prospect of losing his waterfront home in Hobe Sound, Florida after failing to make mortgage payments for almost a year.

OJ Simpson’s home in South Miami is now in foreclosure because he was sentenced to jail and has failed to make a payment while he has been incarcerated.

The foreclosures of Burt Reynolds and OJ Simpson simply serve as a reminder that foreclosures have hit both rich and poor alike like an epidemic.

But for those if you facing foreclosure, there is hope. A proper plan could help aleviate the stress involved with the foreclosure, and help navigate out of those rough waters. Often times there are alternatives to foreclosure, but just takes planning to help address each alternative.

As for what will become of OJ Simpson’s home after the foreclosure, a local news report suggests that PETA wants to turn his home into a vegetarian museum. PETA may end up working with the bank to purchase the home and help solve OJ Simpson’s pending foreclosure. It just serves to illustrate that there are alternatives to foreclosure. It just takes exploring and planning to find them.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

We are certainly in difficult times. At Alvarez & Barbara, LLP, we understand all of our client’s individual needs and pride ourselves in providing high quality service.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.

Florida Legislators Ponder Changes to Florida’s Foreclosure Laws

Florida’s annual legislative session is about to get under way. Florida’s legislators are about to contemplate many significant issues this legislative session. Chief among them includes re-districting and gambling.

But the ongoing foreclosures crises in Florida will also be front and center. Several laws have been introduced that could impact the method and manner in which banks foreclose on properties in Florida, and especially here in South Florida.

One of the issues being addressed this legislative session involves deficiency judgments in foreclosures.

For instance, lenders are often entitled to judgments against the homeowner to make up the difference between the mortgage debt and the amount recovered at the foreclosure auction. Those judgments against the homeowners are good 20 years.

This pending bill tries to strike a balance between homeowners and lenders. It tries to create a way for lenders and homeowners to satisfy a deficiency judgment in exchange for homeowners doing certain things.

The bill states that homeowners in default on homestead purchased from 1/1/04 to 12/31/08, may receive a waiver of deficiency and up to $1,000 in moving expenses if they settle their foreclosure actions with a non-monetary judgment and vacate the property within three months of the judgment or judicial sale, whichever is later.

The state fund would be used to give lenders incentive to settle by helping them recoup some of their losses where properties are worth less than the mortgage balance.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

If you are facing the prospects of having your home foreclosed on, or if you are seeking to purchase a home in this current market, please contact us today for a free consultation.

Miami Leads Florida’s Housing Comeback

Miami’s real estate market is heading into 2012 showing signs of revival.

Over the past few months, our firm has seen sales trending up, listing inventories falling, the supply of lender-related properties stabilizing, as well as multiple offers being placed on homes in some neighborhoods. Additionally, foreign buyers, especially those in Central and South America, continue to come to South Florida to snatch up bargains.

As we look behind the numbers, we see that Miami, in particular, has gone from ground zero for the subprime mortgage crash to having a healthy inventory of properties that is only half the size from a year ago. Today, Miami is only reporting one foreclosure for every 407 home, compared to the national rate of one per every 213. Condo sales have also increased 79% in the first five months of the year. That increase in condo sales, again, is fueled in large part due to foreign buyers buying property in South Florida.

These numbers point to a mini-recovery in Florida, and especially in Miami. Indeed, while prices for continued to drop in Broward and Palm Beach county, they are not in Miami. In October, for instance, Miami-Dade County actually squeezed out a price increase for home sales.

While all of this points to a revival of sorts to Miami’s real estate market, the recovery is still rather tenuous. Banks have pulled back the filing of foreclosure actions due to the ongoing robo-signing scandal. Additionally, unemployment remains high. And for their to be a true correction, and recovery, unemployment needs to be lowered.

On the other hand, there are many alternatives to a foreclosure. Many homeowners are exploring those options. It is best to be pro-active in this real estate market.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

If you are facing the prospects of having your home foreclosed on, or if you are seeking to purchase a home in this current market, please contact us today for a free consultation.

Govt Places Pressure on JP Morgan, and Others, to Do More to Help Struggling Homeowners

JPMorgan Chase is coming under increased pressure from the Federal Government for not doing enough to help struggling homeowners permanently lower their mortgage payments as part of the government’s foreclosure prevention program.

JP Mortgage Chase is not alone in receiving this criticism. The Government recently also criticized Bank of America, Wells Fargo, and Ocwen, for not doing enough to help struggling homeowners.

As part of the Government’s criticism of these four banks – Bank of America, Wells Fargo, Ocwen, and JP Mortgage Chase – the Government began withholding financial incentives of up to $1,000 per modification.

The Government launched several programs back in 2009 with the intended purpose of helping struggling homeowners keep their homes. The intent of the plan was to lower the homeowner’s monthly payments.

In a loan modification, for example, homeowners start with a lower monthly payment on a trial basis. But the Government’s loan modification program has struggled to convert those that started the trial modification into a permanent loan modification.

Homeowners have complained that the program is a bureaucratic mess, and nightmare. Many say they were disqualified after banks lost their documents and failed to return their phone calls.

On the other hand, banks have blamed homeowners for failing to submit needed paperwork. They often cite incomplete paperwork and delays in getting the necessary paperwork.

More than 1.7 million troubled homeowners received trial modifications over the past two years. But as of October, more than half of them — about 880,000 people — have dropped out of the program entirely.

If you are frustrated with the process, and facing potential foreclosure, we’re here to help. Contact us today to discuss your potential options.

The Foreclosure Crisis Continues to Haunt South Florida’s Real Estate Market

If the current foreclosure crisis were a football game, we would be in half time right now. Based in large part on new data that was recently released it appears as though the foreclosure crisis is only about halfway over.

New home foreclosures recently increased while the number of borrowers falling behind on their payments decreased slightly. Not surprisingly, borrowers with subprime adjustable mortgages saw the biggest jump in foreclosures recently.

Almost 5% of all subprime loans recently entered into the foreclosure pipeline, up from 3.6% in the second quarter. One of the main reasons for that increased foreclosure spike was the expiration of the foreclosure moratorium placed on a number of states. In other words, many states were recently given the go ahead to file new foreclosure actions against borrowers who have fallen behind on their payments.

Additionally, another reason for the recent spike in foreclosure activity is that many of the borrowers who have fallen behind were not approved for a loan modification or other program to help save their home.

On the other hand, the pace of new foreclosures for all loans for this time last year was actually down. Simply put, there were less foreclosures filed at the same point this year than there were compared with last year at this point in time.

Overall, the pace of new foreclosures for all loans was up by almost 11% in the third quarter from 9% in the prior three-month period. That’s down from 1.3% in the same period a year ago.

As for the overall health of the nation’s current real estate market, a lot still depends on the economy of the whole. The economy is still not producing jobs fast enough to aid the nation’s housing market.

Additionally, continued improvement in home sales and home prices will depend heavily on the volume of foreclosed homes in the housing market. Recent housing data suggests that many lenders have barely made a dent in the overall inventory of foreclosed homes.

As such, there is no question that this is a buyer’s market. Indeed, South Florida’s real estate market has picked up some steam recently due in large to foreigners investing in South Florida.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

If you are facing the prospects of having your home foreclosed on, or if you are seeking to purchase a home in this current market, please contact us today for a free consultation.

Growing Number of Underwater Homes in Miami are Causing Many to Walk Away from their Homes

Almost half of all single-family homes with a mortgage in South Florida are currently under water. An underwater home loan is one where the loan balance is greater than the fair market value causing the homeowner to be upside down on the mortgage.

The State of Nevada leads the country in underwater homes, and Las Vegas leads the country. The State of Florida ranks third in the country, and Jacksonville, Tampa and Ocala have the highest percentage of underwater homes in the state.

Since the housing market peaked in 2006, thousands of homeowners have seen their home equity disappear while home prices decreased more than 50%. Because of the decline in home prices, coupled with the loss of home equity, many homeowners have stopped paying their mortgages and simply turned the home over to the bank.

When facing an underwater mortgage, as well as higher property taxes and home insurance, walking away from your home could be extremely tempting to homeowners.

However, walking away from your home does not come without consequences, and often times those consequences are negative.

It is imperative that you understand both the pros and cons associated with walking away from your home. The negative implications could haunt you for years. But the positive ramifications may set you free financially.

There are also often times many alternatives available to you in an effort to avoid foreclosures. Indeed, one such potential option may be to explore the government’s newly enacted and revised re-finance program, i.e. HARP.
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EXTENDED BODY:
Consider Your Options.

At Alvarez & Barbara, LLP, we represent buyers, sellers, lenders, borrowers, and developers with real estate matters. This experience allows us to understand legal issues from various angles to effectively advocate our clients’ interests. No matter what you or your business’s real estate needs are – think of Alvarez & Barbara, LLP, and contact us for a free consultation.

Time is Now to Challenge Your Foreclosure Thanks to a new Government Program Aimed at Fighting Robo-Signing and Fraud

If you feel as though your home was improperly foreclosed in either 2009 or 2010, then there may be recourse for you yet.

The Federal Reserve Board recently announced that homeowners who believe that robo signing and other such issues hurt them during the foreclosure process can complain directly to the Federal Reserve for potential recourse.

The Office of the Comptroller of the Currency is beginning a multifaceted independent review of foreclosure actions. Their review will apply to homeowners that went through the foreclosure process and will involve some of the largest banks and mortgage service on in the country. They include GMAC mortgage, HSBC Finance Corporation, SunTrust mortgage, and EMC Mortgage Corporation, among others. The major banks, including Bank of America, Chase, Citibank, Wells Fargo, GMAC, and EMC, will have to fund these independent reviews to evaluate whether borrowers suffered financial injury through error, misrepresentation, fraud, or other deficiencies in the foreclosure process.

If the homeowner was injured during the foreclosure process, then the homeowner could get some kind of remedy for the misrepresentations that took place during the foreclosure process.

The major mortgage services began sending out letters to eligible homeowners recently to explain the process. A homeowner’s request for review must be received by April 30, 2012.

So could a homeowner get there home back? Probably not. In all likelihood, that home has probably already been sold. But each case will be reviewed on a case-by-case basis. And if an appropriate remedy is the return of an unsold home to a homeowner, then it is certainly possible. But more realistically, the likely remedy will probably be some form of compensation.
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EXTENDED BODY:
Consider Your Options. Contact Us Today.

If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.