Selling Your Home, how an Attorney can help?
During the mortgage foreclosure crisis, we encountered a lot of confusion among borrowers, mortgage companies and realtors that ultimately caused a lot of unnecessary foreclosures and damage to borrowers’ credit. As a result, not only did we defend the foreclosure, but we often negotiated a short sale, deed in lieu or even a loan modification.So why is it important to get an attorney involved?
- We negotiate deficiency waivers of first and second mortgages and HELOCS to ensure that the homeowner isn’t sued up to five years later for unpaid balances.
- We follow up to ensure favorable results on credit reports – including the filing of disputes and Fair Credit Reporting Act (“FCRA”) lawsuits to obtain damages, payment of attorney’s fees, and correct credit reporting.
- Negotiation of HOA liens and unpaid balances.
- As attorneys, we have a fiduciary duty to our clients. That is important! Instead of someone who just pushes paper back and forth between the parties, we listen to concerns, structure deals, negotiate contractual protections, and have your best interest in mind. I am not a fan of the “transactional broker” in Florida because a Realtor acting in that role cannot advocate for their client – instead having a neutral role. This prevents a homeowner from receiving advice as to available options and strategies to obtain the best deal.
- We are a licensed Realtor and we have a network of Realtors around the Tampa Bay area who we can refer. We select only those Realtors knowledgeable with short sales, the legal process of foreclosure etc. In this way, we work as a team with your Realtor as opposed to the right hand not knowing what the left hand is doing.
- In the event that you are thinking about filing bankruptcy, as bankruptcy attorneys, we can advise you on how the bankruptcy process will impact your sale, the timing of the sale, and how best to protect any proceeds from the closing.
- Collection calls. If you are receiving collection calls for an unpaid mortgage, we can assist with that as well. Once you have an attorney, debt collectors are not permitted to call you again. Blocking the calls sometimes works, but so many of these companies spoof their numbers and call from multiple numbers so you never know who is on the other end of the call.
- Depending upon where you are going next, we may be able to help you with relocation to rent or buy elsewhere, better credit etc.
- Unusual situations. This is where we thrive. Perhaps you need a fast sale, but still want top dollar, choosing not to use a bottom feeder type company. One spouse wants to sell, another does not – a partition action may fix this. Maybe you haven’t heard from the mortgage company in forever, but now need to sell. Difficult neighbors or a tenant that is chasing away potential buyers, you name it, we can often help in unusual situations to find a buyer and close the deal.