Tag Archives: real estate law

How Foreclosure Affects Renters

rental foreclosureHow will a foreclosure affect your income property? How do real estate laws affect the foreclosure process? These are common questions for property owners who are facing difficult financial situations. Real estate law and foreclosure processes can vary depending on the situation and state. It’s a good idea to work with an attorney that thoroughly understands real estate law and foreclosure issues to help you navigate the process. It can be confusing and frustrating. An attorney can help you sort through the complex issues and recommend the best strategies for your situation.

Tenants are often just as affected by the foreclosure as the property owners. They face losing their homes which can cause difficult financial and logistical problems. If your property is in foreclosure and you cannot stop the process, you can make life easier for renters by advising them of their rights in the situation. If you consult with an experienced attorney, you can be honest with your tenants about the future.

Real estate law addresses some issues that tenants face during a foreclosure. In some cases, tenants are allowed to stay in the property until the end of their lease. In other cases, real estate law requires that the tenants receive at least 90 days of notice before they have to vacate the property. The “Protecting Tenants at Foreclosure Act of 2009” is the real estate law that provides this protection to tenants during the foreclosure process. If you own an income property and are concerned about your tenants, you should consult with an attorney that understands real estate law and foreclosures. This way, you can advise your tenants of their rights and what to expect during the foreclosure process.

You may be able to find out who the future landlords may be. Renters can sometimes arrange new rental terms with the future owner of the property. Sometimes, the foreclosure process is transparent to renters. A new landlord simply acquires the income property without making changes. However, if the buyer of the rental property intends to live in the building can terminate the lease within 90 days. The renters will appreciate any information you can give them about the foreclosure process so that they can understand the issues they will face.

How Does Bankruptcy Affect Foreclosure?

bankruptcy foreclosureBankruptcy for home owners can affect the foreclosure process. Bankruptcy and foreclosure are regulated by different laws. If you are facing bankruptcy and/or foreclosure, you should work with an experienced attorney that understands the bankruptcy process and real estate law. This will protect you from predatory practices from lenders. You will also be less likely to end up in a more difficult situation. An attorney will fully understand the real estate law that applies to your particular situation. Real estate law varies significantly from state to state, so it’s important to work with someone local.

Many homeowners declare bankruptcy to stave off the foreclosure process. If a home is scheduled for a foreclosure, bankruptcy law requires the sale to be postponed while the bankruptcy is pending. This can last a few months. This postponement is not set in stone. Depending on real estate laws in your state, lenders may be able to have the postponement lifted. An attorney can advise you on whether filing for bankruptcy is in your best interest when it comes to home foreclosure.

Depending on the type of bankruptcy you declare, you may be able to keep your home. If you file Chapter 13 bankruptcy, you will agree to a repayment plan over a length of time. However, it’s important that you are able to meet the terms of the repayment agreement. You’ll need enough income in order to make payments and avoid a foreclosure situation.

If you have second or third mortgages on your property, you may be able to eliminate these payments. An attorney who understands real estate law and bankruptcy regulations can advise you on whether this is the best course of action for you. It depends on the current value of your home and the balance of the second and third mortgages. In some cases, the additional mortgages are waived but this does not to apply to all situations.

Bankruptcy may not always help you keep your home. However, it can buy you time to work out an alternate plan with your lender. Sometimes, lenders are willing to adjust the mortgage payment plan to help people keep their homes. You should work with an attorney to ensure that this agreement is fair and equitable.

How to Avoid Foreclosure on your Home

home foreclosureForeclosure is a process that can move rapidly once it begins. When the wheels are set in motion, you can quickly lose your home permanently. That’s why it’s important to take active steps to prevent the foreclosure process. It’s critical to have a full understanding of real estate law when you are in a difficult situation with your home loan. A qualified attorney can help you understand the process and give you tips on preventing residential foreclosure.

Real estate law allows foreclosure when a borrower has stopped making the agreed-upon payments on a home loan. The lender has to follow specific real estate law provisions to foreclose on a property. Often, you can work with lenders up front so that they won’t begin the foreclosure process.

First, it’s important to fully understand your financial position so that you can discuss your finances with an attorney and the lender. Carefully detail all your sources of income. Then, list all your debts and expenses. If there are any mitigating circumstances, such as a temporary medical condition or job loss, you should fully disclose the issues. This will help your attorney and lender figure out a strategy for preventing foreclosure. You and your attorney may be able to work out an agreement with the lender that is satisfactory for everyone involved. In some cases, your lender may be able to offer you a modified loan. It’s important to ensure that you can sustain the payments that you agree to in the new loan. If not, you could find yourself back in the same situation.

The details of real estate law regarding foreclosure vary from state to state. The process is more complex in some states than others. That’s why it’s a good idea to work with an attorney that fully understands local real estate law. The attorney can examine the lender’s foreclosure process to ensure that they are following applicable real estate law. Some lenders may be overly aggressive or deceitful during the foreclosure process. There are also many predatory loan programs that take advantage of home owners who are struggling with their mortgage. An experienced attorney can ensure that you do not get into a worse situation than the one you are currently in.