The Legal Process Of A Florida Mortgage: Some Things You Should Know
When you are looking to buy a Florida home, you should be aware that the laws there may be different from other places you have lived. It is a smart idea to learn about the legal process of a Florida mortgage. This will help you both save money and keep your rights protected.
At the time of purchasing a home in Florida, the real estate agent has to give you a Real Estate Transfer Disclosure Statement. The seller completes this document which details everything included in the sale price. If there is anything such as an alarm system or appliances, these have to be listed. Also detailed must be the actual condition of property and house. In particular, if there is anything that could potentially be a hazard, this must be pointed out.
Variable interest rates on mortgages are also subject to regulation in the state of Florida. For instance, if the mortgage you are taking out is large, you will be guaranteed a mortgage rate that is fixed. Also, interest charges can only be begun a day before the recording of the mortgage. Even if you receive the loan before that time, this is still the case.
Many other laws are in place for the protection of home buyers. One such law makes it illegal for a lender to charge points and fees that total more than 6% of the principal of the loan. Others protect borrowers from taking out a loan that is greater than they can afford to repay.
You may be eligible for a Florida FHA loan if you are buying your first home. You may even be able to get your down payment and closing costs covered as well. There are even some additional credits available for people employed in education. Qualified home buyers may be able to get an Interest Only PLUS mortgage that allows the buyer to pay interest only for the first five years of the loan.
If you cannot continue to make your mortgage payments, you will likely be served with a foreclosure suit. You will be notified ahead of time before the foreclosure happens. At that time, there are a number of options you can consider. First of all, you can try to make some kind of arrangement with your lender. You can also try selling or refinancing your home. Bear in mind that refinancing can be hard if you have not kept up with your payments and if the equity in your home is not enough.
Another option is to try to fight the foreclosure. If you choose this option, you will not need to make mortgage payments while the case is still open. This can at least give you some time to find a solution for keeping your home.
In some cases, it turns out that by filing a counter suit against the foreclosure, dishonest practices by the lenders come to light. In these situations, the lender may actually end up having to pay you damages. If you do find yourself in a foreclosure situation, you will do yourself a service by finding out as much as possible about your legal rights.
Working with knowledgeable professionals who have expertise and experience in the FL mortgage process will be beneficial. When you receive the many options available and choose an FL loan, they will help you to secure it quickly!
Filed under property by on Jul 5th, 2010.