Wanda Phillips

HOMEOWNER ASSISTANCE

HUD Foreclosure Help Resources links by State: http://portal.hud.gov/portal/page/portal/HUD/topics/avoiding_foreclosure/local

HUD-approved housing counseling agencies http://www.hud.gov/offices/hsg/sfh/hcc/fc/

HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama's comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

HUD National Servicing Center (NSC): (888) 297-8685

Are you having difficulty working with your FHA lender or do you feel the lender is not responding to your questions? Whether you are attempting to prevent your home from going into foreclosure or just do not understand why your mortgage payment changed, HUD's National Servicing Center may be able to help you get the answers you need from your lender.

HOPE NOW https://www.hopenow.com 888-995-HOPE (4673)^TM

HOPE NOW is an alliance between counselors, mortgage companies, investors, and other mortgage market participants. This alliance will maximize outreach efforts to homeowners in distress to help them stay in their homes and will create a unified, coordinated plan to reach and help as many homeowners as possible. Find a list of participating lenders on the home page link listed above.

Making Home Affordable http://www.makinghomeaffordable.gov
If you don't have computer access, you can get information on this program through the HOPE NOW hotline: 888-995-HOPE (4673)

Refinancing: Many homeowners pay their mortgages on time but are not able to refinance to take advantage of today's lower mortgage rates perhaps due to a decrease in the value of their home.

Modification: Many homeowners are struggling to make their monthly mortgage payments perhaps because their interest rate has increased or they have less income.

Find out if you are eligible at: http://makinghomeaffordable.gov/eligibility.html

Assistance for Military: http://hap.usace.army.mil
The Department of Defense (DOD) offers the Homeowners Assistance Program (HAP) to eligible service members and federal civilian, including non-appropriated fund, employees. The program is authorized by law, and administered by the US Army Corps of Engineers (USACE) to assist eligible homeowners who face financial loss when selling their primary residence homes in areas where real estate values have declined because of a base closure or realignment announcement.

The American Recovery and Reinvestment Act of 2009 (ARRA) temporarily expands the HAP to assist service members and DOD employees who are wounded, injured or become ill when deployed, surviving spouses of service members or DOD employees killed or died of wounds while deployed, service member and civilian employees assigned to BRAC 05 organizations, and service members required to permanently relocate during the home mortgage crisis.

Success Investment Realty 800-590-9458 SearchOrlandoMLS.Com

Example of "Answer to Foreclosure Complaint"

Note: This information is given for educational purposes only and is not intended as legal advice. It is recommended that you seek the advice of legal counsel in your state.

Question: I was served notice of a foreclosure complaint against me. I can't afford an attorney - How do I file an answer?

Answer: It is best to have a professional assist you but sometimes that isn't feasible. You can ask for help from the court the notice was filed in or you may be able to find a copy of a similar answer on public record and use it as a template to create an answer yourself. The legal notice you received will typically have instructions on where to send your answer. It will usually have a short time deadline also. You will typically be required to send a copy to the lenders attorney. You can usually file your answer at no cost at the courthouse (by mail or in person) It is a good idea to send or take two copies for the court to stamp so you will have a copy for your records. Contact the court listed in the complaint for exact instructions. Be sure to act quickly - the deadlines for filing an answer are usually 20 days from reciect or less.
or less.

If you have fallen behind on your mortgage payments, it is important to understand that the foreclosure process may not stop while you are negotiating with your lender to work out a loan modification, short sale or other arrangements.

Even if you are already in the process of working out a solution with your bank, you may receieve formal (legal) notice that the foreclosure process has begun. The following is an example of an answer to foreclosure complaint:

IN THE CIRCUIT COURT OF THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
SEMINOLE COUNTY

FLORIDA GENERAL JURISDICTION DIVISION

CASE NUMBER: 10-67534 CI

Plaintiff(s): US BANK NATIONAL ASSOCIATION AS TRUSTEE
vs
Defendent(s): John Doe, Sr ET AL

Re: 4782 MAIN STREET NORTH
Altamonte Springs, FL 32701

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

I, the Defendant, as and for my Answer to the Complaint, state as follows:

1. I admit that I signed a note and mortgage.

2. I am without knowledge as to whether the Plaintiff is the lawful holder of the Note or
the Mortgage. Therefore, I deny the allegation.

3. I am without sufficient knowledge as to whether the amounts demanded as amounts due
are accurate. Therefore we deny the allegation.

4. I admit receiving a default notice. I am witout knowledge as to whether the default notice is lawful.
Therefore, I deny that the default notice is lawful.

AFFIRMATIVE DEFENSES

I deny that the Plaintiff should be able to foreclose on my home for the following reasons:

I have requested that the lender allow me to participate in the borrower assistance programs currently available to me.

REQUEST FOR MEDIATION

I, the defendent, respectfully request the Court dismiss the Complaint or in the alternative, order mediation in the above referenced case and or allow me the opportunity to further pursue a loan work out with the lender as an alternative to a final judgment of Foreclosure Sale of the property located at

4782 MAIN STREET NORTH Altamonte Springs, FL 32701

Or, in the alternative, set this matter for a hearing, and for such other and further relief as this Court deems just and proper under the circumstances.

I swear that the information contained in the foregoing Answer is true and correct to the best of my information and belief.

______________________________
John Doe, Sr

WITNESS MY HAND AND SEAL OF THIS COURT ON _____________________

CERTIFICATE OF SERVICE

A copy of this Answer was served upon Plaintiff's attorney at the following address: Law Offices Of David J. Smith, P.A; 900 South Oak Road Suite 000; Plantation, FL 33000-30000 by ordinary U.S. Mail, this 8th day of April 2010, and upon the Defendants at the address(es) listed in the Complaint.

The Real Estate Hotline 800-590-9458

Historical Properties: Resource for Information and Funding

There are many grants and sources of funds to help ease the impact of the improvement costs of historical buildings and homes. The funds available to owners of historical properties vary both nationally and locally. Nationally the most common is the Federal Historic Preservation Tax Incentive which entitles those qualified a 20% tax break. However, to obtain the credit, the property does have to be used commercially for at least 5 years; usually as a rental or an apartment, in some cases use as an office may be sufficient. Local grants, loans and state tax incentives are not always available. To find what locally based programs there are contact your local government agencies such as the Historic Development Commission, Department of Planning and Economic Development, Housing and Redevelopment, and State Historic Preservation Office. When they are available the funds may come with certain restrictions or requirements. For example, some funds are only available to non-profit organizations or a grant may be offered that requires owners to share property with the public through tours or other educational outreach programs. The following is a list by state of resources to begin your search:

Alabama
AL Historical Commission
468 South Perry Street
Montgomery, Alabama 36130-0900
(334) 242-3184 www.preserveala.org

Alaska
Department of Natural Resources
Division of Parks and Outdoor Recreation
550 W 7th Avenue, Suite 1310
Anchorage, Alaska 99501-3565
(907) 269-8721 judyb@dnr.state.ak.us
www.dnr.state.ak.us/parks/oha/index.htm

Arizona
Office of Historic Preservation
Arizona State Parks
1300 W. Washington
Phoenix, Arizona 85007
(602) 542-4174 www.pr.state.az.us/partnerships/shpo/shpo.html

Arkansas
Department of Arkansas Heritage
323 Center Street, Suite 1500
Little Rock, Arkansas 72201
(501) 324-9162 www.arkansaspreservation.org

California
Office of Historic Preservation
Department of Parks and Recreation
P.O. Box 942896
Sacramento, California 94296-0001
(916) 653-9125
http://ohp.parks.ca.gov/

Colorado
Colorado History Museum
1300 Broadway
Denver, Colorado 80203-2137
(303) 866-3395 Information: oahp@chs.state.co.us www.coloradohistory-oahp.org

Connecticut
Connecticut Historical Commission
59 South Prospect Street
Hartford, Connecticut 06106
(860) 566-3005
Information: cthist@neca.com www.cultureandtourism.org or more information at www.cttrust.org

Delaware
Division of Historical and Cultural Affairs
21 The Green, Suite B
Dover, Delaware 19901
(302) 739-5313 www.state.de.us/shpo/default.shtml

District of Columbia
DC Office of Planning, Historic Pres. Division
801 North Capitol Street, N.E.
3rd Floor
Washington, D.C. 20002
(202) 442-8850 http://planning.dc.gov/

Florida
Division of Historical Resources
R.A. Gray Building
500 S. Bronough Street
Tallahassee, Florida 32399-0250
(850) 245-6300 www.flheritage.com

Georgia
Department of Natural Resources
156 Trinity Avenue, SW
Suite 101
Atlanta, Georgia 30303-3600
(404) 651-5061 http://hpd.dnr.state.ga.us/

Hawaii
Department of Land and Natural Resources
601 Kamokila Boulevard
Room 555
Kapolei, Hawaii 96707
808-587-0401 www.hawaii.gov/dlnr

Idaho
State Historic Preservation Office
210 Main Street
Boise, Idaho 83702-7264
(208) 334-3890www.idahohistory.net

Illinois
Illinois Historic Preservation Agency
Preservation Services Division
One Old State Capitol Plaza
Springfield, Illinois 62701-1512
(217) 785-9045 www.state.il.us/HPA/

Indiana
Department of Natural Resources
402 W. Washington Street, Rm W274
Indianapolis, Indiana 46204
(317) 232-4020 dhpa@dnr.state.in.us or www.state.in.us/dnr/historic/

Iowa
State Historical Society of Iowa
600 East Locust Street
Des Moines, Iowa 50319-0290
(515) 281-8741 www.iowahistory.org

Kansas
Kansas State Historical Society
Cultural Resources Division
6425 Southwest 6th Avenue
Topeka, Kansas 66615-1099
(785) 272-8681 Information: histsoc@acc.wuacc.edu and www.kshs.org

Kentucky
Kentucky Heritage Council
300 Washington Street
Frankfort, Kentucky 40601
(502) 564-7005 www.state.ky.us/agencies/khc/khchome.htm

Louisiana
Division of Historic Preservation
Office of Cultural Development
P.O. Box 44247
Baton Rouge, LA 70804
(225) 342-8160 www.louisianahp.org

Maine
55 Capitol Street, State House Station 65
Augusta, Maine 04333-0065
(207) 287-2132 / Fax (207) 287-2335
www.state.me.us/mhpc/

Maryland
Division of Historical and Cultural Programs
100 Community Place
Crownsville, Maryland 21032-2023
(410) 514-7600 or 1-800-756-0119 www.marylandhistoricaltrust.net

Massachusetts
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125-3314
(617) 727-8470 www.sec.state.ma.us/mhc/mhcidx.htm

Michigan
State Historic Preservation Office
P.O. Box 30740
702 West Kalamazoo St.
Lansing, Michigan 48909-8240
(517) 373-1630 www.michigan.gov/hal/

Minnesota
Historic Preservation, Field Services and Grants Department
Minnesota Historical Society
345 W. Kellogg Blvd.
St. Paul, MN 55102-1906
(651) 296-5434 www.mnhs.org/shpo/

Mississippi
Mississippi Department of Archives and History
200 North Street
Jackson, MS 39201
(601) 576-6850
Historic Preservation Division: msshpo@mdah.state.ms.us and www.mdah.state.ms.us/index.html

Missouri
Department of Natural Resources
P. O. Box 176
Jefferson City, MO 65102
(573) 751-7858 www.dnr.state.mo.us/shpo/index.html

Montana
The Montana Historical Society
225 N. Roberts
P.O. Box 201201
Helena, MT 59620-120
(406) 444-7715 www.his.state.mt.us

Nebraska
Nebraska State Historical Society
1500 R Street
P.O. Box 82554
Lincoln, Nebraska 68501
(402) 471-4746
Information: nshs@nebraskahistory.org and www.nebraskahistory.org/histpres/

Nevada
Department of Cultural Affairs
100 North Stewart Street
Carson City, Nevada 89701-4285
(775) 684-3440 http://dmla.clan.lib.nv.us/docs/shpo/

New Hampshire
Division of Historical Resources
P.O. Box 2043
Concord, New Hampshire 03302-2043
(603) 271-6435 www.nh.gov/nhdhr/

New Jersey
NJ Department Parks & Forestry
P.O. Box 304
Trenton, New Jersey 08625-0404
(609) 292-2885 www.state.nj.us/dep/hpo/

New Mexico
Office of Cultural Affairs
Villa Rivera Building, 3rd Floor
228 E. Palace Avenue
Santa Fe, New Mexico 87503
(505) 827-6320 www.nmhistoricpreservation.org

New York
State Historic Preservation Officer
Office of Parks, Recreation and Historic Pres.
Empire State Plaza
Agency Building 1, 20th Floor
Albany, New York 12238
(518) 474-0443 http://nysparks.state.ny.us/shpo/

North Carolina
Department of Cultural Resources
Division of Archives and History
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
(919) 733-7305 www.hpo.dcr.state.nc.us

North Dakota
State Historical Society of North Dakota
ND Heritage Center
612 East Boulevard Avenue
Bismarck, North Dakota 58505-0830
(701) 328-2666 www.state.nd.us/hist/

Ohio
Ohio Historic Preservation Office
Ohio Historical Society
567 E. Hudson Street
Columbus, Ohio 43211-1030
(614) 298-2000
www.ohiohistory.org/resource/histpres/

Oklahoma
Oklahoma Historical Society
Oklahoma History Center
800 Nazih Zuhdi Drive
Oklahoma City, OK 73105
www.okhistory.org
(405) 521-2491

Oregon
Heritage Programs Division
Oregon Parks and Recreation Department
725 Summer Street, Suite C
Salem, Oregon 97301
(503) 986-0677 http://www.oregonheritage.org

Pennsylvania
Bureau for Historic Preservation
Commonwealth Keystone Building, 2nd floor
400 North Street
Harrisburg, Pennsylvania 17120-0093
(717) 787-2891 www.phmc.state.pa.us

Rhode Island
Hist. Preservation and Heritage Commission
Old State House
150 Benefit Street
Providence, Rhode Island 02903
(401) 222-2678 www.preservation.ri.gov

South Carolina
Department of Archives and History
8301 Parklane Road
Columbia, South Carolina 29223-4905
(803) 896-6168 www.state.sc.us/scdah/histrcpl.htm

South Dakota
South Dakota State Historical Society
900 Governors Drive
Pierre, South Dakota 57501-2217
(605) 773-3458 www.sdhistory.org

Tennessee
Department of Environment and Conservation
2941 Lebanon Road
Nashville, Tennessee 37243-0442
(615) 532-0109 www.tennessee.gov/environment/hist/

Texas
Texas Historical Commission
P.O. Box 12276
Capitol Station
Austin, Texas 78711-2276
(512) 463-6100 www.thc.state.tx.us

Utah
Utah State Historical Society
300 Rio Grande
Salt Lake City, Utah 84101
(801) 533-3500
http://history.utah.gov

Vermont
Agency of Commerce & Community Dev.
VT Division for Hist. Preservation
National Life Bldg., Drawer 20
Montpelier, Vermont 05620-0501
(802) 828-3056 www.historicvermont.org

Virginia
Department of Historic Resources
2801 Kensington Avenue
Richmond, Virginia 23221
(804) 367-2323 www.dhr.virginia.gov

Washington
Office of Archeology & Historic Preservation
1063 S Capitol Way Suite 106
P.O. Box 48343
Olympia, Washington 98504-8343
360-585-3066 www.oahp.wa.gov

West Virginia
Division of Culture and History
1900 Kanawha Boulevard E.
Capitol Complex
Charleston, West Virginia 25305
(304) 558-0220 www.wvculture.org/shpo/shpoindex.aspx

Wisconsin
Wisconsin State Historical Society
816 State Street
Madison, Wisconsin 53706-1482
(608) 264-6500 www.wisconsinhistory.org

Wyoming
Wyoming State Historic Preservation Office
Dept. of State Parks & Cultural Resources
2301 Central Avenue, 3rd floor
Cheyenne, Wyoming 82002
(307) 777-7697 http://wyoshpo.state.wy.us/

The IRS recognizes a Contract for Deed as a sale and therefore if you purchased a home under a contract for deed and meet all the other requirements - you would qaulify for the First Time Homebuyer Credit.

A contract for deed, also referred to as a land contract, is typically used like a substitute for a mortgage or deed of trust. It is an installment contract in which the seller finances the purchase, comparable to owner financing.

In a typical situation, you have an owner needing a quick sale and a buyer with a limited amount of funds, problem credit, or other limitations. The buyer takes possession of the property and makes monthly installment payments of principal and interest until the balance is paid off. During the term of the contract for deed, the buyer is required to pay all of the taxes, maintain fire and casualty insurance, and keep the property in good repair. In essence, the seller is relieved of most responsibilities while the buyer enjoys the benefits of ownership, including the tax deductions.

So, what's the catch? Possession of the deed. The deed, transferring title to the buyer, is held by the seller. The buyer does not get the deed (and ownership) until the contract is paid in full.

Potential Risks
The contract for deed still remains a popular creative financing tool, despite the potential risk to both seller and buyer. When using this method, be aware of the following concerns:

1. The seller is giving possession of their property to someone who may have an increased risk of defaulting on the contract. If the buyer defaults, the seller gets the property back, but the down payment may not cover the expense of foreclosure and repairs. Most contracts provide a clause that requires the buyer to waive their rights of foreclosure in the event of a default, to minimize the expenses of recovering the property. Even with this clause, a buyer may refuse to relinquish possession of the property, forcing costly eviction or foreclosure proceedings. To further protect the seller, at the time of the initial sale, some sellers require the buyer to execute a quit claim deed back to the seller (stating that the deed is only valid in the event of a default on the contract for deed) to be used in the event of a default.

2. It is recommended that the contract for deed always be recorded. If the property being sold is mortgage, technically, a Contract for Deed could trigger the "due-on-sale" clause of any existing
mortgage. Because a sale using a contract for deed is still a "transfer," the lender may call the loan due and payable immediately. If the buyer is unable to refinance or qualify for an assumption, he or she would be forced to transfer title back to the seller or foreclosure could result. Some loans,Administration contain regulations exempting a Contract for Deed sale from the due-on-sale provisions.

3. The seller's financial or legal problems could affect the buyer's ability to obtain clear title. This is especially true in cases where the contract for deed is not recorded.

4. For various reasons, the seller, when the time comes, may be unable to grant title to the buyer. For instance, if the seller has died, the property may be tied up in probate or already have passed to the heirs. You may not be able to locate the seller or they may be incompetent and unable to give title. As a protective measure, the buyer could ask the seller to pre-issue an executed deed to be held by a trusted third party. This deed should clearly state that it is subject to and would only be valid upon satisfaction of the terms of the contract for deed.

5. Most contract for deed forms are seller-oriented documents, which fail to provide adequate remedies for the buyer. For example, most forms do not permit a purchaser to stop making payments to a seller who has defaulted on an existing mortgage.

Even with these possible pitfalls, many property owners have used the Contract for Deed with successful results. Those considering this type of creative financing should seek the advice of an attorney in these areas to minimize risk and maximize profits.

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Tax Credit Can Be Used UPFRONT on FHA loans for Down Payment

Shaun Donovan, secretary of the U.S. Department of Housing and Urban Development, on Tuesday said that the Federal Housing Administration is going to permit its lenders to allow home buyers to use the $8,000 tax credit as a down payment.

Previously, buyers could not file for the credit until AFTER they closed. Donavan delivered the news during an address to several thousand REALTORS® gathered May 12th at "The Real Estate Summitt, Advancing the Economy" at the 2009 REALTORS® Midyear Legislative Meetings & Trade Expo in Washington, D.C..

He says FHA's approved lenders will be permitted to "monetize" the tax credit through short-term bridge loans to allow eligible home buyers to access the funds immediately at the closing table.

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