Archive for the ‘Commercial Foreclosures’ Category

Foreclosure Rates and Mandatory Mediation in South Florida

August 3rd, 2010

By Mark Schecter | No Comments »

Recent reports by RealtyTrac and Condo Vultures indicate the foreclosure crisis is still haunting Broward, Miami and other South Florida areas… but perhaps, not as much as it did in 2009.

In the second quarter of 2010, RealtyTrac – a California based research firm – reports that Florida is rated the 10th highest for foreclosures, in the company of Arizona, California and Nevada.

The Miami metropolitan area alone has nearly 4 percent of its homes in the foreclosure process, and Orlando is rated 8th in the nation.

Dealing with massive backlogs

The Florida courts have been overwhelmed trying to deal with a massive backlog of cases.

Broward County is currently seeing approximately 500 new foreclosure cases filed each week. Of those, more than one-third are not occupied by homeowners and remain vacant and susceptible to vandalism.

The county recently introduced mandatory mediation in hopes of thinning out its backlog of more than 50,000 cases. Palm Beach later followed suit and started a mediation program of its own.

Thanks to a mandate passed by Florida’s Supreme Court, you can expect more state courts to institute mediation programs similar to Broward County’s. However, the mediation programs are mandated for homes that owners reside in and not investment properties.

While lenders cannot be forced to restructure home loans, they are encouraged to communicate and hopefully reach an agreement that allows the homeowner to remain in the property.

Is the market recovering?

Despite the seemingly dismal news, a recent report by Condo Vultures indicates that the current foreclosure rate in South Florida is down nearly 50% compared to this time last year.

From April to June of 2009, banks commenced more than 28,000 foreclosure actions, compared to approximately 14,500 from April to June of 2010, according to the report.

The drop in foreclosure filings can be attributed to two primary factors. One, the costs associated with repossessing a property versus a short sale, is significantly more. Lenders are more inclined to agree to short sales whenever possible.

Two, the recent law changes mandating mediation of properties under homestead exemption has increased the time necessary to complete the foreclosure process because lenders now have to work with homeowners. The process that once took a couple of months to complete, can now take several months to years to finalize.

If you are dealing with foreclosure, contact our real estate lawyers today. You can use this form to email or call us at (954) 779-7009.

Sources: Realty Trac, Condo Vultures

Property Investors Buy Foreclosures in Broward County

May 5th, 2010

By admin | 1 Comment »

notice-foreclosure-mdRealtyTrac is an online resource that provides information on foreclosures in Broward County, Florida and throughout the US.

According to recent statistics, real estate sales are up in Broward, mainly in the Fort Lauderdale area. In March 2010, approximately 3200 properties were sold; compared to 2200 in February. And, the average property price of $143,000 is up from $137,000 in the previous month.

Despite the increase in real estate sales, Broward County’s commercial (and residential) markets remain saturated with vacant foreclosures and unbeatable deals. Most of these deals can be found in Fort Lauderdale, the largest incorporated city in the county.

If you are a property investor looking to buy a property in foreclosure, Fort Lauderdale is a good place to start your search. But before you invest any capital, you should understand the foreclosure process so you can catch the properties with the best deals.

There are 3 steps that occur during the foreclosure process:

Pre-Foreclosure: During this period, the property owner is behind on mortgage loan payments but no legal action has been taken to start the foreclosure process. At this time, the property owner is more inclined to consider offers to avoid foreclosure and save their credit rating.

Notice of Default:
This is the first step that initiates the foreclosure process.

Sale: If you fail to prevent the foreclosure, the lender will eventually be able to take the property. The length of time the process takes to complete is determined by the state you live in.

In Florida, once a judgment is reached the foreclosure sale is scheduled to take place on the courthouse steps. In some states, the property owner may be given an opportunity to get the property back. This is known as the redemption period, but is not applicable in Florida.

Buying commercial foreclosures and other real estate is a complex and tedious process. Our Fort Lauderdale real estate lawyers can help you navigate the purchase process and find the right property for you. Contact us today to start your search for commercial foreclosures.

Buying foreclosures and other real estate is a complex and often tedious process. The Fort Lauderdale real estate lawyers of Schecter Law can help you navigate the purchase process. Contact us today to start your search for commercial foreclosures. You can use this form to email or call us at (954) 779-7009.

How to Get Help from your Commercial Loan Lender

April 23rd, 2010

By Mark Schecter | No Comments »

shakinghandsIf you are a commercial property owner dealing with a possible foreclosure in Florida, you may consider your loan lender the last place to turn for help.

The fear of reaching out to the company and being rejected is understandable. But if you give it a try, you may get an unexpected response. You may find help after all.

The first step in getting help from your commercial lender is to ask for it. You will only hurt yourself more by avoiding the telephone calls and foreclosure notices you are receiving.

Communicate with the lender about your commercial property. There is no guarantee they will agree to help you, but it is worth a try to avoid foreclosure on the property you use for business.

Before you head to your local bank branch, it is important that you spend time figuring out how you will approach the conversation. Preparation is a key to getting what you want. What will you say? How will you explain your current situation and how it has changed since you obtained the commercial loan?

As you work to prepare a plan of action, take a clear assessment of your personal and business situations. What is your total monthly income? What are your expenses? Are there any monetary gains? Is your spouse working? These are all questions the lender may ask to determine if and how you can be helped. Take time to prepare to answer these questions.

If the mortgage lender is willing to help you avoid commercial foreclosure, they may offer you more than one option of help. You do not want to rush into any agreement without fully considering all help available to you.

This is a great time to contact an experienced real estate attorney in the South Florida area. An attorney can help you understand the loan modification process and work to structure a new loan payment plan that is feasible for you.

While there is no guarantee you will get any help from the commercial loan lender, they will appreciate you attempting to resolve the delinquent loan. You should communicate with your mortgage lender early and often. In most instances, they would much rather help you avoid foreclosure and keep your commercial property.

Contact our South Florida real estate attorneys for help navigating the commercial loan modification process.

How to Find a Commercial Property in South Florida

April 10th, 2010

By Mark Schecter | 1 Comment »

The economy has led to massive layoffs, downsizing and business closures in recent years. While Florida business owners work hard to survive, some do not and succumb to difficult economic times.

The commercial foreclosure rate continues to rise as businesses are dissolved and the supply of vacant commercial properties floods the local market.

Whether you are shopping for a property for your company or an investment, you will find unimaginable bargains in South Florida, one of the most sought-after real estate markets in the United States.

Here are tips to help you find a commercial property that meets your needs:

1. Budget

The first step in the process of buying commercial property is to set a realistic budget. Your budget will determine the type of property and location in which you can afford to purchase. When you take time to set a budget early in the process, you will save time and effort.

2. Property Type

What type of commercial property is best for your business? Retail, office space or a warehouse? The Florida commercial market is saturated with vacant properties. You should be able to find the type of property you need.

3. Property Location

The location of your business can contribute to its success or failure. You should consider different locations before you make a decision. Here are questions you can ask during your search:

  • Is the location suitable for your type of business?
  • Will the location be convenient for your customers and employees?

Buying commercial property can be a tedious and complex process. The Fort Lauderdale real estate lawyers of Schecter Law can help you navigate the purchase process. Contact us to begin your commercial property search today.

South Florida Real Estate News: Week Ending March 6

March 6th, 2010

By Mark Schecter | No Comments »

newspaperPending Homes Sales Up in South Florida

Pending home sales in Miami-Dade and Broward counties were up in February, as low prices and a tax credit for first-time home buyers appeared to drive sales.

In Miami-Dade, the number of people who agreed to purchase a home in February was up 9 percent versus January at 9,164 homes and condos. Compared to year-ago levels, the number of pending home sales was up 61 percent, the Realtor Association of Greater Miami and the Beaches reported Thursday.

In Broward County, pending home sales increased 4.7 percent versus January to 7,791 homes. Compared to last year, pending sales in Broward were up 62 percent.

Read more here…

Foreclosure Statistics in South Florida Dropped

The number of foreclosures in South Florida this week dropped to 1,871 from 2,320 in the same week last year, according to data from Condo Vultures Realty. Year-to-date, the number of foreclosures dropped to 14,314 from 16,686 at the same point last year. The graph below shows foreclosure activity in South Florida’s three counties.

foreclosurerates

Read more here…

Commercial Upgrades in South Florida’s Office Sector

The bottoming out of the commercial market in South Florida has some businesses taking advantage and upgrading office space.

That’s especially true in downtown Miami and the office market near Miami International Airport that combined have around 2 million square feet of Class A office space coming on the market in 2010.

“You have new supply added and you have new opportunity,” said Bob Orban, senior vice president and branch manager at tenant representative advisory firm Studley.

In some cases, Orban said, tenants are moving up to Class A office space from Class B or Class C. In other instances, tenants are moving within the same class but to a newer building or renovated space. And they’re finding landlords willing to give them free months of rent or paying moving costs.

Read more here…

Facing Foreclosure in Florida? Search for Help Online

March 4th, 2010

By Mark Schecter | No Comments »

Do you own property in Florida but are finding it hard to stay away from the foreclosure process? Facing the possibility of losing your home can be a frightening experience for any property owner.

Even if your lender has already initiated the foreclosure process against you, all hope is not lost. You should consult a lawyer about any options you have to prevent the foreclosure.

If you are struggling to make your mortgage payment, chances are you do not have resources sitting around to hire a lawyer to provide professional advice through this tough time. This is why many people turn to the Internet when searching for foreclosure information and legal resources.

Official State Website

When searching online for information about your rights as a property owner in the foreclosure process, you may want to start by visiting your state’s official site. You can use this as a starting point when looking for jurisdiction-specific information on foreclosure laws, as well as what you can expect throughout the process.

Credit Counseling Services

Credit counseling websites can sometimes be a good online resource if you’re facing foreclosure. In many instances, credit counselors are able to communicate with your lender and help you modify your mortgage into a more manageable monthly payment.

However, property owners should beware as there are scams out there to watch for. There are credit counseling services that claim to be non-profit organizations but are taking advantage of property owners. To find out whether or not a company is reputable, you should visit the Better Business Bureau’s (BBB) website and confirm the company‘s history before engaging their services.

Find a Foreclosure Lawyer Online

The Internet can be a very useful resource when it comes to finding a lawyer to help you prevent foreclosure of your property. Other online resources you can rely on when researching your rights as a property owner are the websites of local foreclosure lawyers in your area. Many of these sites keep the public informed of new laws and share tips and general information that every homeowner should know.

If you are on the verge of losing your property to foreclosure, a victim of a foreclosure scam, or if you feel you’re being treated unfairly, you should consult a foreclosure lawyer as soon as possible.

Are you a Commercial Tenant Dealing with Foreclosure?

February 24th, 2010

By admin | No Comments »

We all know the foreclosure rate in Florida has hit an all time high in the commercial and residential real estate markets. We see it in the news coverage, hear it over the radio, and read it in magazines and newspapers throughout the state.

But, what does this mean for you?

How Foreclosure Affects Commercial Tenants

While there are several commercial property owners that outright own their real estate; there are others that lease their space. When the property owner is unable to pay his/her mortgage loan and later loses the commercial property to foreclosure, the tenant is usually left suffering and in search of a new location.

The media coverage focuses primarily on how property owners are affected by foreclosures, and not as much on the tenants that lose out in the process.

If you lease commercial (or residential) property in Florida, you should be aware of your rights as a tenant of any property facing foreclosure.

Notification of Foreclosure Proceedings

In many situations, the tenant is the last to hear the commercial property is facing foreclosure, and you may be left wondering where you stand and where you can turn to discuss your options.

In some states, a valid eviction (even after foreclosure) requires that the property owner is notified in writing before an eviction takes place. Where you live will determine how much time you are granted to vacate the property. The time frame can range from weeks to a month, so it is important that you consult a Florida real estate attorney in your area as soon as possible.

Are you a commercial tenant dealing with a foreclosure issue? If so, contact our South Florida real estate attorneys today.

Foreclosures in Florida: What you Should Know

February 12th, 2010

By Mark Schecter | 2 Comments »

Given the state of South Florida’s commercial and residential real estate markets, the term foreclosure has been thrown around a lot in recent years. This has left many people wondering, what exactly is a foreclosure and am I at risk?

According to Wikepedia, “foreclosure is the legal and professional proceeding in which a mortgagee, or other lienholder, usually a lender, obtains a court-ordered termination of a mortgagor’s equitable right of redemption.”

To simplify it a bit, foreclosure is a legal process in which a lender takes ownership of a property when you the borrower is unable to make the payments.

Over the past several months, we have discussed several topics relating to foreclosures. We’ve looked at the foreclosure rate in South Florida, buying commercial foreclosures, and most recently pre-foreclosures.

Today, we’re going to review the types of foreclosure and the steps in the foreclosure process.

Two Types of Foreclosures

There are two types of foreclosures: judicial and non-judicial.

1. In a non-judicial foreclosure a third party is allowed to foreclose or take back any property that is in default. With this type of foreclosure, the mortgage lender is not required to file a lawsuit to take the property. The entire foreclosure process could take as little as 2 to 4 months to complete. Non-judicial foreclosures occur in deed of trust states.

2. A judicial foreclosure takes place in mortgage states. With this type of foreclosure, the lender is required to file a lawsuit in order to foreclose on a property that is in default. Because of this requirement, the foreclosure process may take longer to complete. Florida is a mortgage state and thus, falls under the judicial foreclosure category.

The Foreclosure Process

If you are considering buying a foreclosure, it is important that you understand the steps in the foreclosure process in order to catch properties at the best possible price. Generally, there are 3 steps and they are:

1. Pre-foreclosure. During this time period, the property owner is likely behind on mortgage payments although no legal action has been taken to commence the foreclosure proceedings. During this time, the property owner is inclined to entertain offers of settlement to avoid the foreclosure and save their credit rating.

2. Notice of Default (NOD). This step is the first legal step taken in a formal foreclosure process. The NOD commences the foreclosure action.

3. Foreclosure sale. If actions aren’t taken to stop the foreclosure process, eventually the lender will succeed in taking the property back. Whether you’re in a judicial or non-judicial state will determine the length of the process. In non-judicial states, the process could take months and in judicial states even longer. In the latter, once a judgment is reached the foreclosure sale is scheduled to take place on the courthouse steps.

In some states, property owners are given a time period in which they can get their property back. This period is known as the redemption period, and is not applicable in the state of Florida.

If you’re interested in learning more about buying foreclosures or pre-foreclosures, we want to hear from you.

Buy Unfinished Commercial Property in South Florida?

February 1st, 2010

By Mark Schecter | No Comments »

unfinished-commercial-propertyAs South Florida’s real estate market attempts to rebound, there is a large supply of commercial properties available for purchase. While many are ready to go, other properties have been left unfinished and require more building to complete.

For the most part, the stall in building can be attributed to the real estate market crash and frozen credit lines. When the capital stopped flowing, builders were forced to halt several commercial building projects indefinitely.

When you purchase an unfinished commercial property, you can save a substantial amount of money. This can help keep your monthly mortgage payments low and enable you to secure a property you otherwise could not afford.

Investing in unfinished properties can be tricky as well. Before you invest, it is important that you thoroughly research the property and determine what is needed to finalize the building. Mandatory repairs may include new plumbing, wiring, roofing, framing or all of the above. If you know beforehand the costs associated with finishing the property, you can decide if the investment is worthwhile for you

If you are considering buying an unfinished commercial property, you may want to confirm with your bank or lending institution that the property, in its unfinished condition, is eligible for a loan. As lending remains tight, banks have strict criteria for deciding which properties they will finance. In most situations, lenders require that the property complies with the local building codes and is in a condition that will allow you to start occupying the property right away. If the property is lacking a lot in its unfinished state, the bank may deny your application for a loan. It is imperative that you check with you lender before investing in an unfinished commercial property.

Buying an unfinished property can provide a good way to acquire prime commercial real estate at a fraction of its value. In this market, builders are looking to get rid of unfinished real estate they are holding on to. If you do your research you can find a property that’s suitable for you.

If you are interested in buying an unfinished commercial property in South Florida, you should speak with our real estate attorneys as soon as possible. They can help you negotiate with builders and help you secure a loan to purchase the property. In no time, you can have the commercial real estate you’ve dreamt of and save money in the process.

What is a Pre Foreclosure?

January 26th, 2010

By Mark Schecter | 1 Comment »

We have discussed the benefits of purchasing commercial and residential foreclosures in South Florida on this blog before. Today, we will discuss pre foreclosures and how they may be a good option for both commercial and residential buyers.

What is a Pre Foreclosure?

A pre foreclosure is a property that is near the end of the foreclosure process and is only steps away from being taken by the lender. Until the process is complete, the property owner can continue to reside in the home and make other decisions regarding the home as it remains in their possession.

In most situations, if a property owner is willing and able to bring their mortgage arrearage current prior to completion of the foreclosure process, the lender is more than happy to cease the proceedings and allow the owner an opportunity to keep their property. However, there are situations where the owner cannot afford to keep the property and must sell quickly.

How to Find Pre Foreclosure Properties

You can begin your search for pre foreclosures in the same places you would look for foreclosed properties. Check the local newspaper, the Internet and contact the mortgage lenders directly. When you compare foreclosed properties with pre foreclosed properties, you may find that there is less competition involved with pre foreclosures.

Need help navigating the real estate purchase process? Contact the real estate lawyers at Schecter Law.