When you want to buy a home in Florida, there are laws regarding purchase that may differ from other states where you have lived. You should learn as much as possible about the legal process of a Florida mortgage. Doing so can help save you money and protect your rights.
When you buy a home in Florida, your agent must first present you with a Real Estate Transfer Disclosure Statement. This is a document that is completed by the seller. In this document, all elements of the property are detailed. For example, if there are appliances or alarm systems that are included in the purchase price, these must be listed. The condition of both the property as well as the house must also be listed, with particular mention of anything that may be a potential hazard.
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.
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.
You can also attempt to fight the foreclosure process. When a foreclosure case is being fought, you are not required to make payments on your mortgage. At the very least, this can buy you some time to figure out a way to keep 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.