The Legal Process Of A Florida Mortgage: What To Know
The laws regarding buying a home can differ from one state to another. Therefore, you should learn about the legal process of a Florida mortgage before purchasing a home there. Knowing the laws can help you to save money as well as to protect your rights.
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.
There are laws that regulate the use of variable interest rates for real estate purchase. If you are taking out a large mortgage, you are guaranteed to get a fixed mortgage rate. You are also protected from interest charges more than one day before the mortgage is recorded. This is the case even if you received the loan amount prior to that date.
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.
You may be subject to foreclosure if you cannot keep up with your mortgage payments. In this event, you must be notified in writing ahead of time. You will then have a few different possible options. You can try to negotiate the situation with the holder of your mortgage. You can try to refinance or to sell your home. Note that refinancing may not be possible if you are not up to date with your payments and if the equity you hold in your home is not sufficient.
Another option is to attempt fighting the process of foreclosure. While you are doing this, you will not be required to continue making your mortgage payments. Therefore, if nothing else, this can give you time to find a way to hold on to your home.
It may be that your particular lender has not been honest in their dealings with you. In some cases, a counter suit against foreclosures has led to the lender having to pay damages. If you should find yourself facing foreclosure, it is a good idea to find out more about what legal rights you may have.
Working with knowledgeable professionals who are experienced and have expertise in the FL mortgage process will be beneficial. When you receive the many options available and select an FL loan, they will assist you to secure it quickly!
September 6, 2010 | Posted by Jack Bennington
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