House Talk with Silvia Dukes

head_left_image

Backyard "Gardening"

Several weeks ago, I had bought some really good watermelon.  After I was done eating it, I threw out some of the seeds in the backyard for the "birds" to eat.  Well, apparently, the birds didn't eat the seeds and out came little watermelon vines here and there. 

Watermelon Flower

In my Hernando Beach neighborhood, the dirt is not all that good. It's a challenge to grow a lawn and growing vegetables in this waterfront community isn't the norm.  So I just relaxed and watched more out of curiosity the vines as they grew. 

Then, seemingly overnight, my backyard was transformed into an outright watermelon patch much to the delight of the bees that are buzzing from flower to flower.

The neighbors are probably wondering what I'm looking for when I'm in the backyard poking around the vines.  I didn't know watermelons like to hide!  So far I found three... it's better than an easter egg hunt! 

While still small, I'm looking forward to my backyard harvest! 

Oh, should I mention grown without herbicides, pesticides, fertilizers... just water, sunshine and daily "talking to"!

Moral of the Story: Watch what you feed the birds!

Watermelon Patch

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

14 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 30 2009 05:24PM

"Riding the Green Wave" at the Florida Association of Realtors Conference and Expo 2009

"Riding the Green Wave" at the Florida Association of Realtors Conference and Expo 2009

Today was my last day to attend the Florida Association of REALTORs Conference and Expo in Orlando.  This morning, I attended  a four hour education session conducted by Sara Lamia appropriately entitled "Riding the Green Wave".

Green Living IssuesThat's right!  Green is hot!  Green is coming and will be here to stay!

Some of the topics discussed included various green features of homes such as energy efficiency and healthier environments. Many issues concerned the actual aspects of building green in the first place such as building materials and systems in the home.  Surprisingly, building green does not have to be more costly than using more traditional building methods if planned and executed correctly. 

However, the benefits are not just for immediate enjoyment by those who occupy and live in the home but also provide an added future resale value!  Smart home owners will considers this fact in putting their home a step above the competition!

Green issues as they pertain to resale homes were also a topic of interest with some tips and ideas on how to improve the "green appeal" of existing homes. 

"Green" is going mainstream! Just as consumers are looking for fuel efficient cars to replace their old gas guzzlers, they will be looking for energy efficiency in new homes.

As REALTORs we do play an important role in "Green Awareness" in the communities and markets we serve.  Now is the time to get educated and informed about the many different aspects of building green and living green so that we can be a source of information and service to our customers and friends who are interested in saving "green" the "green way"!

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

7 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 22 2009 04:59PM

Florida Association of Realtors Convention Orlando 2009 - International Day

Florida Association of Realtors Convention Orlando 2009 - International Day

Today was International Day at the FAR Convention in Orlando!  I just returned from an eventful day packed with informative sessions back to back! 

I started the day with a four hour session of "Fundamentals of Commercial Real Estate", an area of real estate that in my opinion provides a lot of synergy with International Real Estate.

International Networking Florida Association of Realtors Convention 2009The International luncheon followed with wonderful food from around the world and great networking opportunities with other international Realtors from around Florida and as far away as the Bahamas!  I have a sweet tooth so with the English Trifle and the German Black Forest Cake I felt like I was in heaven. 

There are some good news coming from FAR regarding International Real Estate among them plans for an "inbound trade mission" still in its initial planning stage but exciting nevertheless! 

The highlight of the International Operations Committee for me personally was a presentation by Tony Macaluso who has been advocating for years for a special "Silver Visa" for foreign nationals who want to bring their retirement money to the US and the Florida real estate market to live and enjoy.

Finally, I met Tim Kinzler, who has been a Facebook friend of mine for some time, in person and had the opportunity and privilege to attend one of his sessions about International Trade Missions.

Now it's time to sit down and "digest" all this new information and reflect on the new connections made today!

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

4 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 21 2009 04:55PM

2009 Florida Association of Realtors Convention, Orlando

2009 Florida Association of Realtors Convention, Orlando

I just spent the day at the Florida Association of Realtors Convention at the beautiful Rosen Shingle Creek Hotel and Convention Center in Orlando, Florida. 

As expected, it was a eventful day packed with attending informative sessions, networking and  of course checking out the various vendors on the exhibitor floor. 

Greater Tampa Association of Realtors International Council MembersAs member of the International Council of the Greater Tampa Bay Association of Realtors, I worked the FAR booth for our allotted time slot, another great opportunity to meet other Realtors from around the State who also are interested in International Real Estate.

Well, that's it for now, I'm off to "Arabian Nights"!  Tomorow will be another great day for sure!

 

 

 

 

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

6 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 20 2009 05:33PM

Wordless Wednesday: Stormy Sunset!

Wordless Wednesday:  Stormy Sunset!

Sunset at Bayport Florida Silvia Dukes P.A.

The sun did set this cloudy evening at Bayport, Florida as heavy storm clouds took on ever changing shades of orange and greys as the hidden sun dipped into the sea.

 

For more information about Florida waterfront homes and land for sale in Hernando County including the communities of Weeki Wachee, Pine Island, Bayport, and Hernando Beach, as well as Hudson Beach, Pasco County, please visit my website!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009.

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

10 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 19 2009 06:34PM

What happens when a lender can’t produce the original note?

An interesting and thought provoking post that should make everyone who is involved with short sales, foreclosures, and the resale of REO properties think. 

I can imagine there will be a few law suits in the future involving foreclosed on home owners making claims against mortgage companies that have foreclosed on their homes without holding the note, while these same homeowners are being sued by the rightful note holders as explained below.

If nothing else, homeowners facing foreclosure would be well advised to seek the help of an attorney to ascertain that the companies foreclosing on their property are in possession of the original note.

Via Rick Misitano (Law Offices of James M. Bosco & Associates):

A growing number of homeowners around the country are using a foreclosure defense that may help them retain their homes. It’s called “Produce the Note” and we want you to know this is not a mere technicality that should be treated lightly by the lender or by the Court.

Everyone needs to understand the importance of this issue. When a lender can’t produce the original note, allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party in the future. Therefore, great caution must be taken before a judge can allow someone who can’t produce the original note to cash in on your home.

What if Your Lender CAN’T Produce the Note?

So, what happens when the lender tells the Court it can’t produce the original note, because it is lost? Let’s start with the basics. If a lender wants to foreclose on a property, it has to be able to show that it is, in fact, the appropriate person to whom the money is owed. That right to foreclose belongs ONLY to the person who has legitimate POSSESSION OF THE ORIGINAL NOTE - not a copy, not an electronic entry, but the original note itself with the original signature of the person(s) who allegedly owes the money along with appropriate raised notary seal and signature. So, if you are faced with a foreclosure, you have every right to demand that the person or entity trying to take your property, first prove to the Court that they have the legal right do to so in the first place by proving they have legal possession of the original promissory note.

In my opinion, an original mortgage note is much like legal tender and should be guarded and protected as such by the person holding such an asset. Loosing an original mortgage note is like loosing a $100 bill or a gift card or a lottery ticket. What if I scratched that million dollar ticket and just stuck it somewhere and misplaced it? Do you think I could just show up at lottery headquarters and claim my prize without having the winning ticket? The same principle applies to the person or entity claiming to be the legal holder of an original mortgage note. He who holds the note holds the key.

What the Lender Must Do

What often happens, however, is that the lender claims it doesn’t have the original note, because that note has been lost or destroyed. If the lender is making such a claim, the law requires the lender to prove all of the following under the “Uniform Commercial Code”, which is a set of laws governing commercial transactions that many states have adopted. It contains a specific provision on this subject (Section 3-309) which states that a person can enforce a promissory note without having the original, BUT only under certain limited circumstances.

1. The person or entity has to swear and attest that it no longer has the original note;
2. The person or entity has to prove that it was properly in possession of the note and was entitled to enforce it WHEN it lost possession of the note;
3. The person or entity has to prove it didn’t “lose” possession simply because it transferred the note to someone else (i.e., it’s not really lost); and
4. The person or entity has to prove that it cannot produce the original note because the instrument was destroyed or its whereabouts cannot be determined or it was stolen by someone who had no right to it.

All of these matters have to be definitively proven by the person or entity trying to foreclose on the property. It is not the obligation of the borrower to prove or disprove any of this. The borrower can challenge the right of the person or entity trying to foreclose and demand proof.

The Court’s Important Role

It is up to the Court to determine whether the lender has satisfactorily proven why it no longer can produce the original note. The Court also has to be satisfied that when the original note was lost, the person trying to foreclose on the property had possession of the note at the time it was lost. Until the Court has been satisfied of all of this, the foreclosure cannot proceed.

It is also important for the Court itself to understand that this issue is not merely a “technicality” and the judge should not be satisfied with anything less than full proof of this issue. The Court itself needs to appreciate the fact that if it should agree that an original note has been legitimately lost (and allows the foreclosure to proceed) it is the borrower who is still at risk.

Why? Because incredibly, even if a Court has found that the original note is lost and the foreclosure sale is finalized, if someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property, the original borrower is STILL LIABLE.

That’s right. Someone took your home and the Court allowed it because it believed that the lender proved that the note was lost and it was the proper party. Then someone legitimate shows up in the future with the actual note and you still owe that person the money even though your property was taken with the blessing of the Court. Trust me, this is a very serious issue regarding post foreclosures and post pre-foreclosure short-sales. It has happened to three of our own clients! These homeowners had the need to sell their property by means of a negotiated short-sale (so they could avoid a foreclosure) only to find out that the entity claiming to have the legal right and authority to enter into such negotiations and accept such settlements sold their note to another entity and weren’t even aware of it. Several months later, the newly assigned lenders (now claiming to be the rightful owners of our client’s original notes) have since come forward and have also filed suite seeking to recover their entire outstanding principle balances owed to them (prior to the homeowners closing their short-sale transactions with the wrong note holders).

How fair is that?!?! It’s not! And that’s why homeowners need to start fighting back when someone is trying to take their home by foreclosure, especially since an overwhelming percentage of mortgages granted over the last 3 to 5 years have been packaged into securities and re-sold and re-assigned numerous times since the inception of the borrower's original note and mortgage. In some states, homeowners have better than a 50/50 chance of being successful in defending themselves against a completed foreclosure. Why wouldn’t anyone who owns a home do everything in their power to protect and defend it?

All the Best,

Rick D. Misitano, Senior Paralegal
Law Offices of James M. Bosco & Associates
Methuen Executive Park
240 Pleasant Street
Methuen, Massachusetts 01844
Phone: (978) 687-8804
Fax: (978) 687-8872
boscolaw@comcast.net

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

5 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 18 2009 08:40AM

Nature and Marketing Contest: Did you Hear? Time is running out...

Nature and Marketing Contest:  Did you Hear? Time is running out...

First Time Home Buyers Credit

For more information about the First Time Homebuyers Credit and Homes and Land for sale in Spring Hill, Brooksville, Weeki Wachee, and Hernando Beach, please do call me or  visit my website!

Let me help you find Your place in the Sun!

---

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009.

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

17 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 11 2009 08:34AM

Nature and Marketing Contest: "You'll Love Singing these Florida Blues!"

 Nature and Marketing Contest: "You'll Love Singing these Florida Blues!"

  Hernando Beach Florida Waterfront Homes and Land for Sale

  For more information about Florida waterfront homes and land for sale in Hernando County including the communities of Weeki Wachee, Pine Island, and Hernando Beach, as well as Hudson Beach please visit my website!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009.

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

14 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 10 2009 06:37AM

Speechless: Waterfront Sunday! Boating Enjoyment!

Waterfront Sunday! Boating Enjoyment!

Hernando Beach Florida Waterfront Gulf of Mexico

Let me help you find your place in the Sun!

For more information about Hernando County Real Estate and Weeki Wachee, Pine Island, and Hernando Beach Waterfront Homes and Land for sale, please visit my website!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009.

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

11 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 09 2009 11:55AM

Nature and Marketing Contest: Winter Thoughts

Nature and Marketing Contest: Winter Thoughts

 

Winter Creek Boulder Colorado

Winter is coming!  Now is the time to look for your Florida winter home away from the cold! 

Take advantage of low pricing and great choices in all price ranges! 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please visit my website!

---

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009.

 

 

For more information about Hernando County Homes and Land for sale including Spring Hill and the communities of Timber Pines, Glen Lakes Golf and Country Club, Silverthorn, and Hernando Beach , please call or visit my website!

Let me help you find Your place in the Sun!

All content, including text, original art, photographs and images, is the exclusive property of Silvia Dukes, P.A. and may not be used without expressed written permission of Silvia Dukes, P.A. Copyright 2009

15 comments • Silvia Dukes, BSBA, CIPS, TRC, AHWD, • August 05 2009 08:56PM