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Issue #46April 19th, 2010
Your Bi-Weekly Newsflash from
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A quick dash of news you need to hear
 
In This Issue
Property Insurance
Short Sale Delays, Why?
Property Insurance Revamp Could Favor Insurers

Insurance legislation could benefit property insurers -- at the expense of customers, one lawmaker says.


State Rep. Rick Kriseman is a reluctant expert on property insurance.

 

A fire torched his home. His previous Florida-based insurer faltered. His rates jumped 90 percent in the last year.

 

And now the St. Petersburg Democrat is sounding an alarm about legislative efforts to revamp the system to benefit property insurers at the expense of customers.

 

``We are making major decisions that have serious impacts on our citizens without full vetting, and that's when bad policy comes out,'' Kriseman said.


 The sobering assessment of the state's exposure comes in spite of several years without any major storms. At the same time, a number of Florida property insurers went insolvent in the last year and the bulk of the state's top companies reported losing money.

 

The state-run company, Citizens Property Insurance Corporation, now holds $405 billion in risk and one in four Florida homeowner policies, and is moving toward financial security after lawmakers mandated rate increases last year. But it still can't withstand more than a 25-year storm.

 

``The goal should be for every property owner to pay for their exposure for loss; no more, no less,'' said David Daniel, a vice president at the Florida Chamber of Commerce, a force behind the overhaul.

 

He called the bills a small step in the right direction, and said, ``In the end, the status quo is going to save Floridians some money, but it's going to require that we all pay enormous assessments after the fact, and really it puts our economy at risk.''

 

The bills (HB447 and SB876) advancing toward the full House and Senate address the bulk of those items. But they also go much further by incorporating a number of industry-friendly provisions.


Read on ...
Why a Short Sale Often Takes So Long

No one can fully explain why it remains such a difficult task to complete one short sale -- the process by which a lender agrees to accept less than is owed on a home -- while another sails through. The only certainty as to why lenders do what they do: their bottom line.

 

Sometimes short sales bring more cash than foreclosures, and vice-versa. Which one it is depends on a host of factors, not the least of which is whether a lender has an agreement with the Federal Deposit Insurance Corp. for reimbursement of most losses on a bad loan like those sold short.

 

Multiple liens on a house and fat home-equity lines of credit that must be dealt with first are easy explanations for why a short sale languishes. Another is that lenders -- historically only handling a few cases each year -- are now overwhelmed with hundreds or more in a month, a logjam that builds upon itself.

 

Then there are the complexities of the post-boom world: loans that have been bundled with hundreds of others, then securitized and sold to an investor, and scores of Florida banks on the verge of insolvency that do not want to account for losses on a short sale.

 

Even with those hurdles, there are short sales that can take 90 days or less from offer to consummation


Read on...
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Fla. Supreme Court revises real estate lease forms

Fla. Supreme Court revises real estate lease forms

 

The Florida Supreme Court approved revisions to a number of lease and property management forms with the changes effective immediately. Florida Realtors members currently using the affected forms should immediately switch to the newly approved ones.

 

The major changes involve Florida real estate lease forms. The two leases that the Court approvedare:

 

Residential Lease for Single Family Home or Duplex (for a term not to exceed one year)

[Replaces "The Residential Lease for Single Family Home and Duplex (RLHD-2x)"].

 

and

 

Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a Mobile Home, Condominium, or Cooperative (for a term not to exceed one year)

[(Replaces "Residential Lease for Apartment or Unit in Multi-family Rental Housing including a Mobile Home (RLAU-1x)].

 

The Court also deletedthe use of one contract:

 

"Residential Lease for Unit in Condominium or Cooperative (for a term not to exceed one year) (RLCC-1)."


Read on for more information...

I hope you enjoyed this newsletter.

Sincerely Yours

 

 
Michael C. Blickensderfer, Esq. 
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This newsletter is not meant to substitute for legal advice.  If you have a legal question, please contact our office and speak with an attorney. This newsletter is not an agreement for representation.  If you would like to hire an attorney, please contact our offices to learn more.
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