short sale lawyer palm beach: DEFICIENCY JUDGMENT BARRED AFTER 1 YEAR - CAN IT APPLY TO SHORT SALES? - 06/16/15 01:14 PM
Florida homeowners who lost their home to foreclosure or short sale could be escaping a deficiency judgment if the lender misses the statue of limitations.  The new law, now in its second year, seems to have former Florida homeowners  escaping deficiency risk where their lenders - especially 2nd mortgage lenders - forget to pursue unpaid balances owed after just one year.  The prior rule was five years.  I last mentioned this new law at my article Deficiency Lawsuits In Florida Accelerate To Meet Deadline
The new law is complicated because of innuendo and gray areas of interpretation.  However it seems abundently clear that if … (6 comments)

short sale lawyer palm beach: RISKS WHERE CLOSING AGENT PAYS AGENT COMMISSION INSTEAD OF BROKER - 07/01/12 12:08 PM
Is it allowed to have a closing agent pay the commission to someone other than the licensed real estate broker on the transaction?  The title company that I have owned for almost 30 years, Automated Land Title Company, does plenty of closings in Martin, Palm Beach and Broward  and Miami-Dade Counties where the real estate agent and real estate broker advise us to split out their payments at the closing so the agent gets its monies right away.  Doing so correctly is very cumbersome and can be done incorrectly – causing liabilities for the closing agent that may not be realized.  Frankly, if … (5 comments)

short sale lawyer palm beach: FREDDIE MAC SHORT SALE AFFIDAVIT CHANGES TAKE EFFECT? - 01/03/12 01:31 PM
January 1, 2012 has come and gone and yet Freddie Mac servicers are still using the obsolete and highly objectionable Short Sale Affidavit.  I have been keeping Active Rain readers up to date on developments regarding the infamous Short Sale Affidavit – see SHORT SALE ARMS LENGTH AFFIDAVIT MAJOR REVISION NEGOTIATED TODAY, and STAND-OFF WITH FREDDIE MAC OVER SHORT SALE ADDENDUM - ALTA GETS INVOLVED, and Freddie Mac Short Sale Addendum - Item #13 - I DON'T THINK SO!!
Today I received an email from Bank of America demanding that the attached documents be signed WITHOUT ANY CHANGES.  The problem is that the … (6 comments)

short sale lawyer palm beach: SHORT SALE ARMS LENGTH AFFIDAVIT MAJOR REVISION NEGOTIATED TODAY - 11/18/11 02:37 PM
Today there was an important resolution to the Freddie Mac short sale affidavit that practically every bank has adopted regardless of the loan being Freddie Mac or not. As written in my previous articles (Freddie Mac Short Sale Addendum - Item #13 - I DON'T THINK SO!! and STAND-OFF WITH FREDDIE MAC OVER SHORT SALE ADDENDUM - ALTA GETS INVOLVED), in response to a crackdown on fraud in flipping, renting, straw buyers, and inter-family transfers, the lenders sought EVERYONE, including the title agents, short sale facilitators and real estate agents on both sides of the transaction, to totally indemnify the shorted … (7 comments)

short sale lawyer palm beach: SHORT SALE OPPORTUNITIES LOST - THE PROCRASTINATING CLIENT - 05/14/11 04:40 AM
Short sale sellers and owners seeking a loan modification need legal representation sooner rather than later in the process.  I have used the example of the sand filled hour glass, with each grain of sand being an opportunity for financial planning, tax planning, strategy creation and fulfillment, and a solution to the financial distress of the seller.  As time goes on, the sand drops to the bottom, and is lost forever.  Often people come to see me with all the sand gone - and I just cannot help them - it's too late.
GET A REAL ESTATE AGENT!
With very few … (4 comments)

 
Richard Zaretsky, Florida Real Estate Attorney (THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY)

Richard Zaretsky

Florida Real Estate Attorney

West Palm Beach, FL

More about me…

THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

Address: 1615 Forum Place, Suite 3A, West Palm Beach, Fl, 33401

Office: 5616896660 x 107

Mobile: (561) 329-2279

Legal true life experiences, general observations and commentaries for Realtors, Lawyers and Mortgage Brokers - also see our Palm Beach County Short Sales group blog.
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