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Foreclosure in West Palm Beach : Real Estate Advice

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  • Local Info71
  • Home Buying291
  • Home Selling26
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Activity 45
Sat Jan 7, 2017
, answered:
The property is not theirs to take. They have to obtain certificate of title and be recorded with the clerk. Your attorney may be able to get the sale vacated.

The buyer at auction probably has no clue the bank will foreclose on them.

Craig Fialkowski
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Sat Oct 9, 2010
Yes, they can and most likely they will. A lot of HOAs are now foreclosing on properties in Florida and they're allowed to do so. it's a horrible situation and I would advise that you speak to them and arrange some kind of payment plan. Also call your mortgage holder and let them know that the HOA is threatening foreclosure. Sometimes they will actually advance you money to pay HOA fees.

Also there're HUD programs that help distressed homeowners catch up on their fees.

Andrew and Elena Ollick
Amerivest Realty
Latest Post: Naples Luxury Home on Fire
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Mon Sep 27, 2010
Scott Miller answered:
Hi Arnie. This is happening everywhere in Florida. Start looking for a new place and make sure that the owner of the new rental is NOT in trouble with his mortgage. This is a must.

There's a new law on the books that allows you to stay X months of time if you have a bona-fide lease that was executed before they started foreclosure proceedings. I'd still look for another place and move on.


Scott Miller, Realty Assocaites, Boca Raton, FL
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Fri Jul 23, 2010
John Bennett answered:
Wed May 19, 2010
Alma Kee answered:

For more information, homeowners should call 800-799-9150.


Brett J. Weinberg
Keychain Alliance
Tel: 952-857-6859 ... more
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Tue Mar 16, 2010
Marsha Mayer asked:
I am a Palm Beach Realtor. I have many ready buyers looking for deal properties.Does anybody know any reliable companies assigning REO's to Realtors in this area?I wou...
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Mon Jan 4, 2010
Joan Lorberbaum Moore answered:
Have you made an attempt to get a loan modification on the 2nd home or short selling it? Those might be viable options to you. In any event, I am fairly certain from the brief information you gave that the bank cannot take away the home you are living in and that you are continuing to pay the mortgage on. That being said I urge you to contact an attorney to advise you and to see what options are open to you. ... more
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Wed Dec 2, 2009
George Gamble answered:
Hi Wendi:

Great Question!

I had to deal with this very issue last month on 2 of my Condo Listings which Sold thru the Foreclosure Process in West Palm Beach.

For reference, The Florida Statutes Chapter 718.116 deals with this issue from the legal standpoint of who is responsible for the Outstanding HOA and Condo Fees after a property is foreclosed upon . The Statute Basically states that the lender's(owner's) responsibility is limited to 12 months of back HOA Fees and 6 Months for Condomnium Fees, provided the HOA or Condo was enjoined in the Foreclosure action by the lender. The Date used for calculating the figure was the Sherriff''s Sale Date, back 6 months(for these Condos).

The attorney for the Condo Association informed the Lender's Attorney(closing agent) that they intended to seek payment in full for the 2 years outstanding CONDO Fees , from the bank, former owner and any subsequent Owner( new buyers) thereby effectively creating a Title Defect preventing the Bank from closing the sale of the units to the new buyers.

The Statute does not address the issue of subsequent owner's being responsible for the payment of any outstanding fees and is fairly clear that it applies only to former and current owners, however, the threat of continued legal action effectively ended the discussion as the Title Insuror would not issue an Owner's Title Policy to the New Buyer's without payment of the disputed amount in full.. ..The long and the short of it was, the bank finally conceded and paid over $9000.00 in Condo Fees( as opposed to the $3900 statutory limitation on liability).

The legal correctness of the Association's Attorneys Assertion that they Intended to pursue the outstanding fee's was at best a clever negotiating tool, as the association's attorney's had not even filed the necessary Claim of Lien against the former owner nor pursued collections.... which, had this matter been challenged by the Bank in Court, might have gone differently for the Association... but that's just my opinion, & I'm not an Attorney..

Every situation is different and unique so check with your attorney or assocation's attorney for their take on the statute.

Hope this answered your question!!
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Fri May 30, 2014
Rodney Forbes answered:

I'm a local real estate broker who has had a lot of contact with the Marina Grande development for the last couple of years. There have been some problems that seem to be resolved now with the developer.

There is too much information to list in an email format. Discussion is better to answer your many questions. You can call me directly at 561-283-6497 or email

Rodney Forbes
Forbes Realty of South Florida Inc
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Fri Jul 31, 2009
Marty Kaiser answered:
You can consult with a real estate atty to confirm. Basically, as you have no lease, the bank can require you to vacate within 15 days and evict you if you do not comply. If I were you, I would be looking for another place and plan on moving in the near future.

Marty Kaiser
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Wed Feb 24, 2010
, answered:
Banks control the market, inventory and pricing. Only in severe circumstances are the lenders foreclosing. Short-Sales will be the majority of the inventory, and generate more capital for the bank than a foreclosure over the long run.

Banks also control the flow of inventory that comes on the market as well. If a lender has a large amount of foreclosures in a particular city, they will not dump them all at the same time, but slowly over time.

If you research the market like I do, you would see that banks are holding a lot of inventory, but not assigning them to Realtors to sell.

Banks have an interest in holding values and even forcing increases in some areas. We are seeing many properties get multiple offers and selling over list price.

The best deals are going to cash buyers, able to close quickly with no conditions. Remember, if you have to get financing, which is difficult with foreclosures that do not have appliances or flooring, your choices are slim.

If you have any additional questions, please contact me at your convenience.

Craig Fialkowski GRI, CDPE
EXiT Realty Neighbors
2101 Vista Parkway Suite 225
West Palm Beach FL 33411
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Mon Aug 23, 2010
Keith Manson- Metro Milwaukee Wisconsin answered:
Can you more specific about the question so I can respond to your needs?
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Thu Sep 24, 2009
Wayne answered:
To be able to bid for the jobs you must be signed up with the asset management companies and banks. I included a link below that should help you, they have an excellent foreclosure cleanup training guide. I actually bought it when I started my business and we are extremely busy. good luck ... more
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Tue Aug 25, 2009
Myke Atwater answered:
That is private information that belongs to the bank. The bank buys the house back at the foreclosure sale, and then puts in on the market for about its market value! You can get a good deal from a foreclosure sale, but it won't necessarily be a fire sale. You can probably make a guestimate by looking at the price and how long the house has been owned, but there isn't a search that will give you that kind of direct information. Good Luck, and happy hunting!!

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Fri May 8, 2009
Ann Angotti answered:
Realtors and appraisers try to stay within the same subdivision. If there is not enough comps we go to comparable areas. As far as a short sale be willing to wait 2-9 months to get an answer. ... more
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Fri May 8, 2009
Herman Chang answered:
Well the bank will review your offer against the appraissed value or BPO. Each bank has different guidelines, but if your offer is within the market price then you have a good chance.

Process can take over 45 days.
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Tue Sep 16, 2008
Karen Lindholm answered:
I am not an attorney, but I can recommend an excellent attorney in West Palm. I think you could get your advice with one phone call. I love this forum but you need to consult a professional. Email me if you want the ph#.

Best regards,
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Thu Jun 17, 2010
Scott Miller answered:
Hi Eileen,

I'm sorry to hear about your financial problems. You are in the same boat that millions of other homeowners are in right now. As to your question, from a logical point of view, the best payment to make is always your first mortgage, i.e., the bank or loan company that is in first position with a first mortgage against your home.

The first thing I would do if I were in your position is get on the telephone and start to communicate with both companies. Let them know that you are doing your best to make the payments and WANT to pay them, it's just that your current circumstances do not allow for this. The next thing I would do is find a competent, experienced attorney that can speak with your bank and try to work out new terms for you. The banks are in horrible shape now and need you to keep paying them. Most will be flexible and at the very least listen to what you have to offer.

If you need an attorney, I can recommend one to you.


Scott Miller
Realty Associates
561-716-4060 c.
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Sun Jul 19, 2009
Glenn Ginsburg answered:
Florida is a deficiency judgement state, so a lender can obtain a judgement for the difference between what is owed and what they eventually sell for a property for either at auction or after the auction as a foreclosed property.

Some lenders are starting to agree to a short sale with the provision that a borrower sign an unsecured promissory note for any difference, as well.

Any seller or property owner should carefully weigh all their options.
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Mon May 5, 2008
Phil Fowler answered:
Hi Melissa,

That is a really good qestion. First, I would make sure that they are foreclosures and not pre-foreclosures. Then I would contact both your lender and the other lenders to see if they might be willing.

Keep us posted, as I would like to know what the out come is. Thanks for a great question!

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