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On May 28,New Jordans 2013, 2008,Cheap Foamposites, Governor Crist of Florida signed into law Statute 501,Nike Lebron 10.1377 (HB 643/SB 992) or so called Anti-Fraud Legislation. The real estate investing community has labeled the new legislation as anti-investor, despite the statute formally being called “Foreclosure-rescue Transactions”,Lebron James Shoes. The legislation targets certain types of foreclosure-related transactions including any action or method that postpones or stops a foreclosure transaction,Jordan retro 5, the purchase of a foreclosure property, and the lease optioning of a foreclosure property back to the homeowner.
There are two types of individuals covered by the statute,Lebron 10, the first of which are called Foreclosure-rescue Consultants,Foamposites. These individuals may or may not be investors and their efforts are focused on stopping or postponing a foreclosure for the homeowner whether or not they collect a fee. Before this legislation took effect, an individual could charge a homeowner an upfront fee for loan modification, short selling his home, or any service that would stop or postpone the homeowner’s foreclosure. As of October 1, 2008 any person deemed to be doing foreclosure-rescue consulting can no longer collect any fees before all services are complete as specified in a contract between the homeowner and the consultant. This means that if a consultant spends 10 to 30 hours on a case, and the end result is exactly as proposed in the contractual agreement with the homeowner, the consultant may not be able to collect his fee after all. It depends on whether the homeowner decides to abide by the terms of the contract or not.
There are literally thousands of legitimate foreclosure consultants who for many years have saved homeowners from foreclosure or eased the burden of their foreclosure and charged a reasonable upfront fee to do it. The well-meaning sponsor of this legislation was focused on a few scam artists who took foreclosure victims’ money and never made an effort to complete the services promised. Ironically, the true victim in this legislation will be the homeowner who now can only seek the very expensive help of an attorney to do the same work a non-attorney can easily do.
Originally included in the legislation were bankruptcy attorneys who have to charge a fee before the bankruptcy filing. However, attorneys were later exempt by the State’s Attorney General who explained he would not enforce it against attorneys. So every attorney in Florida is now exempt from charging upfront fees for loan mitigation, foreclosure postponement, short sales, and any other service that stops or postpones a foreclosure. This has created a new and vast market that was formerly unprofitable for attorneys in most cases. This legislation now gives attorneys a whole new client base to work on.
When real estate investors realized what the legislation meant to their careers and independent small businesses, they reacted in the only way they knew
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