Orlando Short Sale Expert | Orlando Short Sales

Households across a majority of large U.S. cities received more foreclosure warnings in the first six months of this year than in the first half of 2009, new data shows.

The trend is the latest sign that the nation’s foreclosure crisis is worsening as homeowners battling high unemployment, slow job growth and an uneven rebound in home prices continue to fall behind on their mortgage payments.

In all, 154 out of 206 metropolitan areas with at least 200,000 residents posted an annual increase in foreclosure activity between January and June, foreclosure listing firm RealtyTrac Inc. said Thursday.

The firm tracks notices for defaults, scheduled home auctions and home repossessions – warnings that can lead up to a home eventually being lost to foreclosure.

The latest figures show the threat of foreclosures is spreading well beyond the top tier of metropolitan areas located in California, Florida, Nevada and Arizona, which have borne the brunt of the fallout from the housing crisis.

Those states saw housing values surge during the housing boom years. When the boom ended, values collapsed and foreclosures soared.

“The face of foreclosure is driven much more now by unemployment than in the past, and it’s moving out from the places where we’ve been focusing on in the last few years,” said Rick Sharga, a senior vice president at RealtyTrac. “The combination of a weak job market and a weak housing market is making it difficult in some of these areas.”

Florida accounted for nine of the top 20 metro areas with the highest foreclosure rates.

The latest data echo broader, national foreclosure trends.

The number of households facing foreclosure in the first half of the year climbed 8 percent versus the same period last year, but dropped 5 percent from the last six months of 2009, RealtyTrac said in a report issued earlier this month.

In all, about 1.7 million homeowners received a foreclosure-related warning between January and June. That translates to one in 78 U.S. homes.

More than 1 million American households are likely to lose their homes to foreclosure this year, the firm said.

“We probably won’t know that for sure for another six months,” Sharga said.

Still, those areas continue to see foreclosure rates that are as much as five times higher than the national average.

The top 10 metropolitan areas with the highest foreclosure rates has remained fairly unchanged over the past 12 months.

Rounding out the rest of the top 10 metros with the highest foreclosure rate in the first half of 2010 were Cape Coral-Fort Myers; Modesto; Merced, Calif.; Riverside-San Bernardino-Ontario, Calif.; Stockton, Calif.; Phoenix-Mesa-Scottsdale, Ariz.; Orlando-Kissimmee, Fla.; Vallejo-Fairfield, Calif.; and Miami-Fort Lauderdale-Pompano Beach, Fla.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden, Kissimmee, St. Cloud, East Orlando, Longwood, Altamonte Springs, Maitland, Winter Park, Oviedo, Apopka, Lake Mary, Clermont, Ocoee  Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange, Seminole, Polk, Lake  or Osceola County Florida and Orlando, East Orlando, St. Cloud,  Davenport, Clermont, Longwood, Windermere, Winter Garden,  Kissimmee, Winter Park, Altamonte Springs, Maitland,  Apopka,  Lake Mary, Oviedo or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales

This is a re-post from an attorney that I have worked with in the past. You may find it interesting.

Many Florida real estate investors are concerned about personal liability from mortgage foreclosure deficiency judgments. Although they accept loss of equity, if any, in property which is foreclosed by their mortgage lender, people are afraid of a deficiency judgment. A deficiency judgment refers to a mortgage lender’s judgment against the borrower for the difference between the outstanding balance of the mortgage note, plus costs and attorney’s fees, and the value of the property foreclosed. The property value is determined on the date of the foreclosure sale. Personal liability from mortgage debt is today a principal reason for asset protection planning.

In Florida, a mortgage foreclosure does not automatically result in a deficiency judgment. Just because you lose a property at foreclosure does not mean you will remain personally liable for money owed to the lender . To obtain a deficiency judgment against the borrower the foreclosure sale the mortgage lender has to file a motion for a deficiency after the foreclosure sale, and the court must hold a separate evidentiary hearing on the lender’s request for deficiency liability. At the evidentiary hearing the mortgage lender has to show the court evidence that the property’s value on the sale date was less than the note balance. The borrower can get his own appraisal or can use the government’s tax assessed value as evidence of value. If the property was worth more than note balance on sale date the court will not give the mortgage lender a deficiency judgment against the borrower. The borrower may present evidence of value in the form of a formal appraisal or other less formal opinions of value such as the local government’s tax assessed value.

During the recent real estate boom deficiency judgments were uncommon because increasing real estate values brought home values above note balances of defaulting mortgages. Additionally, lenders could take back “upside down” properties and hold them until the rising market made them whole. Deficiency liability is a problem in a declining market. Up to this point in the real estate crash few mortgage service companies with conventional first mortgages have been pursuing deficiency judgments, especially mortgages on owner occupied homes. Many attorneys and other experts speculate that first mortgage deficiency lawsuits will increase in the future as lenders resolve foreclosure backlogs and as they sell their deficiency rights to third party investors and collection firms. Florida law gives mortgage lenders five years to pursue a mortgage deficiency claim.

Second mortgage lenders and private lenders are more likely than first mortgage holders to go after the borrowers by suing for default on the underlying promissory note. There has been a significant increase in second mortgage lawsuits since the beginning of 2009. Banks that made commercial loans to developers or builders almost always file a lawsuit against the individual borrower to enforce and collect upon the promissory note or personal guarantee of a business loan.

If a mortgage lender pursues a deficiency judgment you should hire an attorney to defend the deficiency. In many cases, an attorney can use procedural defenses and substantive lending law to defeat a deficiency claim, and the attorney can negotiate an acceptable settlement for much less than the total deficiency liability in most cases.

One way to avoid deficiency liability, or to modify your mortgage to avoid foreclosure, is court ordered mediation with your mortgage lender through a new mediation program in Chapter 13 bankruptcy cases. If you file a Chapter 13 bankruptcy in the Orlando division the federal bankruptcy court will very soon after filing issue an order requiring the lender to participate in good faith mediation to discuss mortgage modification.
Another problem with mortgage foreclosure is possible income tax consequences. The general rule is that when a lender forgives or cancels a debt the borrower can incur income tax on the amount of debt forgiveness. When you arrange a discount in your mortgage in order to sell house (a so-called “short sale”) the mortgage lender will cancel part of your mortgage debt and you will receive a tax form 1099 telling the IRS that you have imputed income for the amount of debt reduction. You will also incur income tax liability for a deed in lieu of foreclosure. The taxable income will be the difference between the property value and the balance of the mortgage loan on the date you surrender the property to the bank.

A foreclosure may result in cancellation of debt income depending on whether the bank pursues a deficiency judgment. If the mortgage lender gets a deficiency judgment for the difference between the property value on foreclosure sale date and the mortgage balance the lender is not forgiving any part of the loan. If the bank chooses not to pursue a deficiency judgment, or pursues the judgment unsuccessfully, the borrower may incur income tax liability for debt forgiveness.

In December, 2007, Congress acted to protect many debtors from income tax liability associated with foreclosure avoidance. The Mortgage Forgiveness Debt Relief Act of 2007 states that homeowners will not be subject to income tax from release from mortgage liability if and to the extent the mortgage proceeds were used to buy or improve their primary residence. There is no income tax shelter from forgiveness of mortgage debts for  investment property, vacation homes, or mortgages used for businesses or to pay off credit card balances. The protection expires in December, 2011. You should speak with an attorney or CPA familiar with the new law to see if you qualify for income tax protection.

For those borrowers who do not qualify for protection of the new Act there is an insolvency exception to imputed income from the cancellation of mortgage debt. If a borrower is financially insolvent when he surrenders the mortgaged property to the lender voluntarily or through foreclosure there will be no imputed income. A borrower who files bankruptcy is presumed to be insolvent, so that a bankruptcy debtor cannot suffer imputed income tax liability because the bankruptcy discharges personal liability under a mortgage note. More information is available from IRS Publication 908 and IRS tax form 982. Both forms can be found at irs.gov.

The tax law permits many real estate investors to offset imputed debt forgiveness income with corresponding tax losses. For example, if a lender forecloses on a parcel of income producing rental property the taxpayer may be able to report an operating loss to offset all imputed income from debt forgiveness in the same year that the mortgage lender issues the Form 1099. When a foreclosed property was not income producing, but was held solely for future appreciation (example: vacant land), the deduction from ordinary income of capital losses in excess of capital gain may be limited to $3,000 per year so that the total loss will have to be deducted over future tax years. You should consult your CPA to determine the tax impact of a mortgage foreclosure on your tax situation. The tax impact of foreclosure is not a legal issue.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange or Osceola County Florida and Orlando, Windermere, Winter Garden,  Kissimmee, Winter Park, Altamonte Springs, Maitland, Lake Mary, Oviedo or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

Current market conditions offer a fleeting window of opportunity for buyers and investors.

Prices are down 50 to 70 percent from their highs but are beginning to stabilize and even tip higher in some markets.

Interest rates remain artificially low, but most economists predict this can’t last much longer.

The $8,000 first-time homebuyer tax credit and many local foreclosure buying incentives are still in effect, but only temporarily.

This means you can own for less than it costs to rent and find solid cash flow investment properties in many areas – even if the real estate market hasn’t completely bottomed out.

Momentum matters. Existing home sales have increased over the last four months as buyers jumped back into the market.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange or Osceola County Florida and Orlando, Windermere, Winter Garden,  Kissimmee or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

I am very happy and proud to announce that I have completed today ny certification in CDPE.

I have worked and closed dozens of short sales over the past 2 years and this training only enhances what I already know. I feel even more equipped in handling these short sales.

What is a CDPE?

A Certified Distressed Property Expert® (CDPE) is a real estate professional with specific understanding of the complex issues confronting the real estate industry, and the foreclosure avoidance options available to homeowners. Through comprehensive training and experience, CDPEs are able to provide solutions for homeowners facing hardships in today’s market, specifically short sales.

The prospect of foreclosure can be financially and emotionally devastating, and often homeowners proceed without guidance of any kind. The developers of the CDPE Designation believe that the best course of action for a homeowner in distress is to speak with a well-informed, licensed real estate professional. They have the tools needed to help homeowners find the best solution for their situation. Often, when other options have been exhausted, CDPEs can help homeowners avoid foreclosure through the efficient execution of a short sale.

While enduring financial difficulties is challenging for any family, the process of finding a qualified real estate professional should not be. Selecting an agent with the CDPE Designation ensures you are dealing with a professional trained to address your specific needs. For more information, contact a CDPE in your area.

CDPEs don’t merely assist in selling properties, they serve and help save their clients in need.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

DAVENPORT, Fla. – June 3, 2009 – When Joe Isserles moved his wife and four sons, one of whom is comatose, into a rental home in Davenport earlier this year, the landlord failed to mention that the house was in the final stages of foreclosure.Florida, which also has one of the nation’s highest foreclosure rates.California renters. Florida has no such organization. “They may not be as sympathetic of victims as homeowners, because they are not losing equity. But they are generally paying rent, losing deposits, forced out on short notice and treated unfairly by banks.”Seminole County condominium unit she was renting only to find a foreclosure notice on the door. She learned that, even though she was paying her full rent on time, the landlord had not used it to pay the mortgage.Davenport north to Clermont to find another place.Orlando International Airport. “And when I received a letter in the mail that the house was sold, I was shocked.”New York and California, Florida has few laws to protect renters’ rights. Relief may be on the way, however, in the form of a new federal law passed earlier this month by Congress.

Shortly after they paid $1,200 rent for April, there was a knock on the door.

“It was a representative from Coldwell Banker representing Chase Bank, saying the bank took over the loan because the homeowners hadn’t paid the mortgage in a year,” Isserles said. “The next morning, the sheriff showed up to padlock us out.”

The Isserleses are among countless renters across the region and the country who have become unwitting victims of foreclosure – paying rent to landlords who pocket the rent money rather than use it to pay the mortgage. The houses go into foreclosure, and evicted tenants are left scrambling for a home.

No one has tracked the number of renters affected by the continuing wave of foreclosures, but research companies such as RealtyTrac Inc. and other groups estimate that 20 percent to 40 percent of all foreclosed homes are not occupied by the owner. Some of those may be vacant or seasonal, but many are likely rentals. And experts say the proportion is likely higher in

The state is home to one of every six loan defaults in the country, according to California-based RealtyTrac, with 119,200 foreclosure-related court filings during the first quarter alone.

“Renters are losing their homes,” said Dean Preston, executive director of Tenants Together, a nonprofit group that represents

Unpleasant surprise

Unlike defaulting homeowners, renters don’t see the eviction notices coming. Muffet Robinson, spokeswoman for the Coalition for the Homeless of Central Florida, said she returned one day last year to the

“I didn’t really understand that, because that didn’t really seem honest to me,” said Robinson, who struggled to find another apartment on short notice. “It’s hard enough to move when you’re planning on it.”

Picking up and moving quickly can be particularly difficult for a family such as the Isserleses. Tristen Isserles has been comatose since nearly drowning in a swimming-pool accident in September 2007, when he was 14 months old. Taking him to Easter Sunday church services required briefly unhooking him from ventilators, loading him in the family’s sport utility vehicle and carting him into the congregation in a Radio Flyer-style wagon.

To permanently relocate him and all the medical equipment he needs to survive is even more challenging. When his parents were not working jobs as a resort concierge and a time-share marketer, they were scouring neighborhoods from

The upheaval could have been avoided if the landlord had told them the bank was about to take ownership of the house, Maria Isserles said.

“They were already in the final stages of foreclosure when they rented the house,” she said. “I couldn’t imagine somebody being so cold and heartless. … How can you do this to a family with a sick child?”

The landlord, Alfred Sundar, said in a telephone interview that he knew he had defaulted on the loan but thought he had reached a settlement with the bank that would allow him to keep the rental house.

“I submitted all of the paperwork to the bank, and the bank said it was going to work with me, that I would pay $1,440 a month,” said Sundar, who drives a shuttle bus at

He said he has a daughter with severe medical conditions and understands somewhat the plight of his tenants.

“If I knew the bank wouldn’t work with me, I would have never rented it to them,” he said of the Isserles family.

Some compensationThe Coldwell Banker agent who first knocked on the Isserleses’ front door to ask them to leave said the family’s plight was unfortunate but noted that the bank is giving them six weeks to relocate instead of the 48-hour notice many renters get. And the family is getting compensated for being forced out.

Joe Isserles said the bank offered him $1,500 to leave the house, in an arrangement known in the mortgage business as “cash for keys.” After explaining that he and his wife had invested time and money cleaning and painting the rental, he was able to get $3,400. But they must be gone by Monday.

Unlike states such as

Effective immediately, tenants who pay rent on time can remain in their homes until their lease ends plus an additional 90 days – unless the bank sells the property to someone who intends to reside in it. Even without a lease, a renter may stay in a house for as long as 90 days after the foreclosure is complete, though that provision in the law is set to expire at the end of 2012.

“Really, it’s the first major piece of legislation that protects renters from foreclosure,” said Taylor Materio, spokeswoman for the National Low Income Housing Coalition.

The Isserles family, meanwhile, has found another home nearby where it can relocate. This time, Joe Isserles said, he did the homework to make sure the family wouldn’t get another unwanted knock on the door.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit http://OrlandoShortSaleExpert.com or www.JerrySellsOrlando.com for your real estate needs.  Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden,  or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.