There are sometimes opportunities where a homeowner qualified for a reverse mortgage is having problems meeting the day to day expenses of life, resulting in financial hardship. Often this results in the homeowner scrimping on drugs, or food, just to pay the mortgage and electricity. A reverse
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07/07/2011
This is a follow-up article to my post AGENT 100% LIABLE BY COLLECTING RENTS FOR A FOREIGN OWNER TO PAY 30% TO THE IRS here on Activerain. Several readers (and clients) requested information on how to continue to properly represent foreign person owners of USA properties that receive rental incom
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07/04/2011
As a realtor, do you manage any rental properties where the owner is a foreign person? If you do, are you collecting from the GROSS receipts 30% and sending that money to the IRS? If you aren't, you very well may be PERSONALLY and PRIMARILY liable to the IRS for that money, and there is almost
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06/18/2011
A mid June decision by an appellate court in Florida, the trial court was upheld in sanctioning defense counsel and borrower in a foreclosure action for filing frivolous and unsupported mortgage foreclosure affirmative defenses that delayed resolution of the case. The court awarded over $20,000
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06/12/2011
This week I received no less than 4 inquiries from out of state owners of Florida real estate. Each one of them was under the impression that by moving away from Florida they also "moved away" from the ability of the bank to pursue them for any deficiency or other Florida incurred debt. Each on
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06/03/2011
Can a community association declare itself the "landlord" of a rented unit or home if it is not getting paid its assessments? In Florida it can and it may keep 100% of the rents to apply against all the delinquent assessments on that unit /home. This is a clarification of the prior 2010 law tha
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06/01/2011
A lot of homeowners and commercial mortgagors that consider strategic defaults or foreclosure as solutions to being upside down on their home loans need to also consider what is often a perceived a simple escape mechanism - a Bankruptcy. The Eleventh Circuit Court of Appeals ruled on May 17 2011
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05/25/2011
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
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05/14/2011
I still see real estate brokers and even some title companies and "case workers" advertising that if you use THEM, they will supply for free an attorney to represent YOU for your short sale or loan modification. I wrote about this issue once before (see No-Conflict Considerations in Short Sale F
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05/13/2011
It is not too often we "in the trenches" of short sale negotiations get to understand why lenders act the way they do through "behind the scenes" documentation. However a couple of months ago we did get some "lender to servicer" documentation that I thought was interesting enough to pass on to m
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05/01/2011
