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. […]

Satisfaction of Mortgages in Florida

| December 27, 2016

Once you send in your final mortgage payment (or where you payoff your loan due to a refinance or the sale of your home), your lender has an obligation to act.  It’s the law. The bank is supposed to prepare and record in the public records where the property is located a “satisfaction of mortgage.”  […]

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 […]

How to Have a Deed Notarized if the Seller is in a Foreign Country

| November 29, 2016

The simplest reason that deeds have the seller’s signature sworn before a notary public is to prevent fraud.  This is particularly important in real estate transactions where the seller is foreign or is abroad. In fact, our years of Foreclosure Fraud and Robosigning are prime examples of what happens in real estate when there is […]

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 […]

Concealment, Nondisclosure And Silence By Florida Real Estate Sellers

| August 16, 2016

In Florida, in order to have a binding contract to purchase real estate, both the buyer and seller must sign a written agreement that includes the material terms of the deal (price, closing date, description of the property, financing, etc.).  That contract controls the transaction and it spells out the parties’ obligation to one another […]

What Happens When a Buyer Defaults on a Florida Real Estate Contract?

| July 26, 2016

In Florida, buyers breach real estate contracts all of the time and in all sorts of ways. When a buyer fails to meet his or her obligations under a sales contract, often times it leaves the seller wondering what steps to take now that the buyer has failed to close the transaction. Should the seller […]

Protecting a Bona Fide Purchaser of Florida Residential Real Estate

| July 19, 2016

Under Florida law, a “bona fide purchaser” of real estate is afforded certain protections including ownership and title. The rule essentially provides a buyer with superior rights to property over those who may have valid interests in the property, albeit unrecorded ones. The recording of documents in the public records are done so for important […]

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