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 […]

Satisfaction of Mortgages in Florida

| December 27, 2016

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

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 […]

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 Seller Defaults on a Florida Residential Real Estate Contract? – Part II

| August 2, 2016

What happens in a Florida residential real estate transaction when the seller doesn’t do his or her part and close the deal? Or, the seller makes a material misrepresentation about the property and the buyer purchases the property relying on that bad information?  In Florida, both contract law (see the residential sales contract) and real […]

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 […]

4 Title Issues That Can Derail A Florida Closing

| July 12, 2016

In Florida, often times right before a residential real estate transaction is set to close the deal is derailed because of conflicting legal interests between the parties to the transaction (the seller and the buyer) and a third party with an interest in the property. Who are these third parties? Two common examples: contractors who […]

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