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Foreclosure Defense Frequently Asked Questions

Answered by an Orlando Foreclosure Attorney

What is a closing?

​The sale and purchase of real estate is also known as a real estate transaction. The closing, also referred to as the completion of settlement, is the final step in executing the real estate transaction. 


What is Title Insurance?

Title Insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title. Title insurance protects real estate owners and lenders against any property loss or damage they might experience because of liens, encumbrances or defects in the title to the property. Each title insurance policy is subject to specific terms, conditions and exclusions. 


Is Title Insurance the same as Car or Health Insurance? 

Insurance such as car, life, health, etc., protects against potential future events and is paid for with monthly or annual premiums. A title insurance policy insures against events that occurred in the past of the real estate property and the people who owned it.


What is the cost of title insurance?

Unlike car insurance and health insurance, Title insurance is a one time premium paid at closing. The cost of the title policy is determined by Florida Law and it is based on the purchase price of the property.


How many Title policy are normally in a transaction?

If you are financing the purchase of the home there are usually two title insurance charges. One is the owner's policy (customarily paid for by the seller in Florida) and the other is the lender's policy (customarily paid for by the borrower).


How Long does my Title Insurance Policy last?

Your title Insurance policy will last you for as long as you own the property.


What are Closing Cost? 

When a property is transferred in Florida, there are certain taxes and fees that must be paid for in order to property execute the transfer of property. Some closing cost are normally paid by the seller such as real estate comissions and some are normally paid by the borrower such as lender fees if there is a loan. Closing cost will vary in each transaction and will normally depend on the purchase price of the property. Some closing cost consist of Settlement fees, Survey fee, County and State taxes, title search fees, and title insurance policy premiums among other charges. Contact our offices at title@tavarezlaw.com for a free preliminary qoute of your closing cost. 


Evictions Frequently Asked Questions
Answered by a Florida Landlord Attorney


How long does it take to legally evict a tenant from my property?
If the tenant does not contest the eviction, it may take 4-6 weeks to evict a tenant. If it is contested, than it may take longer depending on what defenses the tenant asserts.  

Do I need an attorney to file an eviction?
No, you do not need an attorney to file an eviction. However, complications may arise and it is important to understand what your rights are and what to do if these complications arise. It is also important to understand the process of an eviction as a mistake can cost you time and money. For that reason, we recommend that you consult with an attorney.

Can I ask the court for monetary damages such as rental money that is due?
Yes, you may ask for monetary damages. However, in our experience, it can be costly and time consuming to get a monetary judgment. Additionally, in most cases, even if you do get a monetary judgment against the tenant, it does not automatically mean you get the money, you now have to invest time and money to enforce the judgment against the tenant who may not have the money to pay.

When can I evict a tenant?
You may evict a tenant for failure to pay rent, violation of lease terms, property damage and expiration of lease.

Real Estate Closings and Title Insurance Frequently Asked Questions

Answered by an Orlando Real Estate Closings & Title Attorney

ATTORNEYS AT LAW

How do I know if the bank is foreclosing on my home?

If you have missed several monthly payments on your mortgage it is likely that the bank will file or has filed a foreclosure action against you. If the bank is suing you for foreclosure you will be served with court documents. If you are not sure whether you have been served or if there is a foreclosure filed against you call our office today for a free consultation and we will answer any questions that you may have.


Do I need an attorney to defend a foreclosure?

No, you are allowed to represent your self in court. However, some of the issues associated with a mortgage foreclosure are highly  complex and we strongly recommend that you seek the advice of an attorney. The banks have teams of attorneys representing them in court and so should you. Tavarez Law, P.A. dedicates its practice to helping clients with complex matters such as mortgage foreclosure.


What happens if I do nothing?

If you decide to do nothing the bank will obtain a foreclosure judgment against you which will also include a deficiency judgment. You must do something, contact an attorney to find out what options are available to you.


If the bank sues me to foreclose, do I have any options?

You have several options available to you such as a Short Sale, Deed in lieu, Loan Modification, or Cash for Keys. In some instances, the bank will pay the borrower in order to help with relocation cost.


What is a deficiency?

Once there is a foreclosure judgment and particularly if you choose not to defend the foreclosure, the bank will have a deficiency judgment against you.  What this means is that once the property sells, if it does not sell for an amount sufficient to cover the amount owed by you the bank has the right to sue you for the difference which is the deficiency. Many times the bank does not go after the borrower for the deficiency but they will sale that debt to a debt collector that will sue you.  Many times an attorney can negotiate a waiver of deficiency on behalf of the borrower.


Is there a way I can get my home back if I was foreclosed?

If the foreclosure is over then no, you cannot. However,  as the home owner you have until the time given on the foreclosure judgment  or until the clerk files the certificate of sale to pay the full amount of the unpaid loan to keep your house. This is your right of redemption.


How long does the foreclosure process take?

The foreclosure process can take years depending on how aggressive the bank is and how busy the court docket is. Once there is a lawsuit filed the process can speed up.  If the borrower chooses to do nothing then the bank could foreclose  in as little as  6 months. However, if the foreclosure is contested then it could take as long as one year or longer. 


What can I do to keep my home?

If the bank has filed a foreclosure lawsuit there are limited options to keep your home, but there are options available. Some of the best options available in a foreclosure  are reinstatement, forbearance, a repayment plan, or a loan modification.



What should I do if I am involved in an accident?
If your car accident involved injuries or property damage you must call your local police department to report the accident. Make sure to gather important information such as names, phone numbers, addresses,  vehicle information and insurance information. Make sure to take pictures. Also, ask for names, phone numbers, and addresses of any passengers and witnesses. After an accident, you should file a claim with your insurance company whether or not you were at fault for the accident. If you were injured you should seek medical attention as soon as possible. Contact a personal injury attorney to assist you in filing a personal injury claim.

How long do I have to make a personal injury claim?
 In Florida, plaintiffs generally have up to four years from the time of the accident to file a personal injury claim based on negligence.

What is PIP insurance?
Florida has Personal Injury Protection (also called "PIP" or "no fault") automobile insurance. Under Florida’s PIP laws, drivers are required to carry insurance to cover the driver’s own injuries and lost wages, regardless of whether the accident was the driver’s fault or the fault of the other driver.

Under Florida’s new PIP law, an injured driver must seek treatment within fourteen days to receive PIP benefits.  If you have an accident you should consult your family doctor or go to an emergency room as soon as possible.

What is Uninsured/Underinsured Motorist Benefits?

Uninsured/underinsured motorist is a benefit you elect under your own car insurance. This benefit protects you against a negligent defendant who does not have liability coverage, or has minimum coverage that is inadequate to fully compensate you for your injuries. If you are involved in an accident with an uninsured but negligent individual, we would make a claim for you under your own uninsured motorist coverage.

What type of damages can I recover in a personal injury claim?
 You may be able to recover for your medical bills, lost wages, lost earning capacity, pain and suffering, emotional trauma, and any other losses that are directly related to the accident.

Personal Injury Frequently Asked Questions

Answered by an Orlando Personal Injury Attorney

TAVAREZ  LAW, P.A.