Can A Bank Lose The Right To Collect Taxes And Insurance From A Homeowner?

| October 17, 2017

In Florida, banks are governed by federal regulation as well as state law. This means that any Florida homeowner involved in a controversy with their mortgage lender needs to understand their rights and protections provided both by Washington, D.C. and Tallahassee. One issue that is often a source of friction between a homeowner and his […]

Landlord Tenant Disputes After A Major Storm (Hurricane)

| October 3, 2017

After a major storm or hurricane here in Florida, apartments and other rental properties are often damaged to the point where they need some level of repair to make them livable. In some instances, the property may be a total loss or the damage is so bad that repairs can take an extended period of […]

Real Estate Damage Claims After A Major Storm (Hurricane) in Florida

| September 18, 2017

We all know that living in Florida means having to deal with real property damage claims caused by tropical storms, tornadoes and by the dreaded hurricane.  (Like 2017’s Category 4 Hurricane Irma).     Just like any other insurance claim, a claimant (homeowner) should ask themselves the following questions when deciding how to proceed after […]

6 Tenant Rights That All Florida Tenants and Landlords Need to Know

| September 5, 2017

In Florida, residential tenancies are governed by (1) Chapter 83 of the Florida Statutes under what is commonly known as “Florida Residential Landlord and Tenant Act” (see Florida Statute 83.40) and (2) the language in the individual lease or rental agreement between the landlord and the tenant. These two work together to define the duties […]

Partition of Florida Homestead Property

| June 27, 2017

In Florida, “homestead property” is residential real estate which is occupied by a person or family as their permanent residence. The legal concept of “homestead” is provided by the Florida constitution.  Its purpose is to stop the family home, or homestead, from being sold to pay off debts incurred by the land owner.  Tullis v. […]

How Do You Terminate The Joint Tenancy of Florida Real Estate?  

| December 13, 2016

In Florida, there is more than one way to own an interest in real estate.  It’s important to understand these ways before “taking title” to the property at the closing table. One key question in deciding how to own property:  is the owner able to convey complete ownership in the future to a third party […]

Bartram: Florida Supreme Court Decision on Foreclosure Lawsuit Deadlines

| November 15, 2016

If you are being sued for foreclosure here in Florida, or you suspect you may be facing foreclosure in your future, then you need to know about this month’s Bartram ruling by the Florida Supreme Court.     1.  Why is the Bartram Case so Important? Opinions issued by the supreme court are the law […]

Florida Real Estate Contract Lawsuits

| November 1, 2016

In Florida, when a seller and a buyer sign a residential real estate contract for the purchase of a new home or condominium, they create legal duties for themselves. If these duties are not fulfilled, then under the contract there are consequences.  Those consequences are spelled out in both the contract and in Florida case […]

5 Key Issues Related to Florida Real Estate Contracts

| September 27, 2016

For real estate transactions in Florida the real estate contract controls the deal. This is the common understanding of most real estate professionals. However, these contract terms are based upon long standing legal principles which have been codified and become part of Florida’s contract law.  So, a more accurate statement is that Florida contract law […]

Rescission of a Residential Real Estate Contract in Florida

| September 20, 2016

When things go bad in a Florida real estate transaction, the buyer’s first thought may be to walk away. Just get out of the deal. Find another home to buy. However, is this possible? Can the buyer cancel transaction? Under Florida law (contract and case law), a buyer is able, under certain circumstances, to terminate […]

css.php