Should a Lawyer Write Your Foreclosure Disclosure in Florida?
Facing foreclosure is an emotionally overwhelming experience, and those in this position are tasked with making important choices regarding their properties. For many, selling it is the best option. That said, foreclosure transactions are not particularly straightforward; there are multiple requirements to be met and information that must be disclosed.
If you are looking to sell your foreclosure property in Florida, consulting with a seasoned and reputable real estate attorney with specific foreclosure sales experience is wise. The guidance this professional can provide can save you time, aggravation, and future legal problems.
What Is a Florida Foreclosure Disclosure?
With regard to a real estate sale, general disclosures are required to be provided by the seller. These documents or statements offer important details regarding the property at hand. Disclosures are critical because they communicate potential issues that could be problematic in the future.
Additionally, as a property owner you are required by law to disclose any issues that would impact the value of the property, and this is especially true with foreclosures.
A Florida foreclosure disclosure must include specific information including details on the specific process at hand and the property’s condition. The elements required are more nuanced than the standard real estate disclosures.
Legal Compliance with Florida Law
Florida disclosure law is simple in terms of words but involved in terms of compliance. Basically, it states that all sellers must disclose potential issues with the property they are selling. While most states have some sort of disclosure law in place, sellers who don’t comply in Florida may be charged with fraud which, if proven, could have life-altering consequences.
Ensuring you disclose what is legally mandated, while still protecting your privacy and best interests, is like walking a tightrope. Having a real estate attorney write your disclosure can help you comply with the law while still looking out for your future.
Understanding the Intricacies of Foreclosure Disclosure
General Florida real estate disclosures require that certain information be shared; Florida foreclosure disclosures mandate additional information. Details regarding both are shared below.
Florida real estate disclosure requirements include things you would expect, as well as some issues you may have never considered. For example, if you have any type of endangered species living on the property, it must be removed and rehomed. Issues you may expect to see include, but are not limited to, the existence of radon gas, mold, homeowners association mandatory memberships, code violations, waterfront property erosion, and latent and material defects. Information regarding the neighborhood that may impact property value must also be revealed.
Mandatory Florida foreclosure disclosures are different; they aim to protect the buyer from situations that may be perilous. They include information regarding the property condition (especially because many of these properties are sold “as is” due to financial constraints); details regarding liens, encumbrances, and lawsuits; the role of the current lender; and whether the property is currently occupied.
Clearly there are very real differences between the two types of disclosures. Transactions involving foreclosures are generally more risky, but certain issues must be made known in all cases.
Protect Yourself from Future Liability
Engage Qualified Legal Assistance Today
Clearly, selling a home in foreclosure in Florida is a serious undertaking: the laws governing the process are complicated and the steps necessary to comply with them are numerous. The consequences for violating the law can impact your life going forward; you want to do everything in your power to ensure your Florida foreclosure disclosure is in compliance with the stated regulations.
As a lay person, you simply don’t have the knowledge and experience to do this yourself. Engaging an attorney to write your foreclosure disclosure in Florida is not a luxury — it is an investment in your future. In fact, working with a knowledgeable Florida foreclosure attorney can help you avoid many common mistakes.
Contact The Law Office of Carlos M. Amor, P.A. Today
When engaging a real estate attorney to write your foreclosure disclosure, you want to be sure to work with a professional who is experienced in foreclosure sales and writing foreclosure disclosures. There is no substitute for the knowledge a seasoned professional can bring to your transaction.
The Law Office of Carlos M. Amor, P.A. is well-versed in the intricacies of foreclosure disclosures; over the past 15 years Mr. Amor has represented countless individuals selling properties in foreclosure.
Time and time again, Mr. Amor’s clients have told of their satisfaction with the service he provides. His attention to detail and commitment to clear and compassionate communication result in his exceeding clients’ expectations.
Is a foreclosure transaction in your future? If so, contact Mr. Amor today at 954-453-7200 to schedule a no-cost consultation. Because he recognizes that life is busy, he holds these meetings either in person, via video-conference, or on the telephone, whichever method is most convenient for his prospective clients.
On every real estate transaction, the attorneys at The Law Office of Carlos M. Amor, P.A. take the time to ensure they understand the totality of the situation. No two foreclosures are alike, a fact that he not only recognizes but also respects. As such, he pays attention to the details of your foreclosure sale in order to ensure your foreclosure disclosure provides all of the requisite information while still protecting your well-being. Providing personalized service is a hallmark of his firm.
Protect your transaction, your finances, and yourself from the penalties of misinformation. The Law Office of Carlos M. Amor, P.A. appreciates that time is critical in foreclosure situations and is ready to go to work on your foreclosure disclosure immediately.
