Inherited Property and Partition: When Your Brother or Sister or Other Heir Won’t Agree to the Sale

| May 19, 2015

Last Update: 08/01/16 In Florida, when a parent passes away owning real estate and they are the only owner or the only surviving owner, the property, whether it is the family home or the family vacation property, becomes part of the deceased parent’s probate estate.  In most circumstances, this means that the property can only […]

Are There Dangers with a Florida Real Estate Agent Representing Both Buyer and Seller?

| July 8, 2014

Last Update: 02/10/16 When someone in Florida wants to sell their home or condo, they (usually) hire a real estate agent to help them do so. When someone wants to buy residential real estate here in Florida, they do the same thing: they hire themselves a real estate agent. Which means, that in most situations […]

I Received an IRS Form 1099: Can The Bank Still Try and Collect on the Florida Deficiency Judgment?

| July 1, 2014

Here in Florida, more and more deficiency judgment collection efforts are being pursued by lenders and debt collectors, even though the associated foreclosure or short sale happened several years back. And, to make matters worse, and confusing, Florida borrowers have been receiving 1099s (a/k/a IRS Form 1099) from their lender related to their deficiency. What […]

Is Sharing Ownership of Florida Real Estate Causing a Problem For You? – Partition Actions in Florida

| May 20, 2014

Last Update: 04/18/16 There are all sorts of situations where someone may share ownership in Florida real estate and there are lots of good reasons to own real estate jointly; however, when things go south, jointly owned property can be a tremendous headache for all of the parties involved. Consider these situations where sharing ownership […]

19 Reasons To Hire a Real Estate Lawyer When Buying or Selling Florida Real Estate

| April 15, 2014

Last Update: 02/24/16 In Florida, particularly South Florida, families want to own a home; retirees want to buy a condo or townhouse; investors from around the country and world want investment property, including rentals; and vacation homes in or near the water are a dream of almost everyone. For most buyers, the purchase of a […]

Florida Listing Contracts: Know Your Contract Between You and Your Florida Real Estate Agent and Broker

| February 25, 2014

Last Update: 02/24/16 Once you finally make the decision to sell your Florida home, (whether it’s a Miami oceanfront condo, a single family dwelling in a quiet neighborhood or a duplex, townhouse, or other type of house), you need to let world know by advertising it for sale, in both the local housing market and […]

When a Florida Real Estate Agent Does Something Wrong: Florida Realtors vs. Florida Real Estate Commission vs. Florida Fraud or Negligence Claim

| February 18, 2014

Last Update: 04/18/16 As the name suggests, the Florida Association of Realtors’ (“Florida Realtors”) membership primarily includes Florida real estate agents and brokers but it also includes other affiliated real estate related professions in the State of Florida (including, for example, appraisers, attorneys, banks/mortgage companies, home inspection companies and moving companies), and, as a result, […]

July 2014 Deadline for Older Foreclosure Deficiency Judgments – Small South Florida Banks and Credit Unions Increasingly Aggressive on Deficiency Collection Efforts

| December 10, 2013

According to the new Florida Fair Foreclosure legislation, the deadline for a bank to sue a defaulting home owner for the amount left on a mortgage after a foreclosure (the deficiency) was changed from 5 years to 1 year, regardless of when the cause of action accrued. (See our earlier post for details.) Before this […]

Happy Halloween from Sackrin & Tolchinsky!

| October 31, 2013

The 2007 Florida Case of Duggan v. Peacock Point – Innocent Misprepresentation in a Florida Land Deal Results in Major Lawsuit and Seller Wins

| October 29, 2013

Last Update: 02/24/16 True story. Back in the summer of 2007, when “Umbrella” by Rihanna was a new summer hit and “Transformers” was the summer blockbuster, a contract was signed in Destin, Florida, for the sale of a six-lot waterfront subdivision for around three million dollars; the property was bought at auction “as is.” By […]

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