3 Types of Title Issues Which Impact Florida Real Estate Closings

| September 29, 2015

Last Update: 02/22/16 In South Florida, when a seller is told by a buyer’s title examiner that there is a “title issue,” that usually means that there is some sort of lien, defect or encumbrance in the public records which clouds the title to the property. In most instances, buyers won’t take ownership of property […]

What Is A Florida Lis Pendens?

| September 15, 2015

One big surprise that often appears in the chain of title to real property that is being sold here in Florida (condos, townhouses, and single family residences) is a “Notice Of Lis Pendens.”  Unfortunately, the discovery of one of these notices, in many instances, catches just as many sellers off-guard as they do prospective buyers. […]

Title Insurance and Closing Your Florida Home Purchase

| June 2, 2015

Last Update: 02/22/16 When you buy a house or other residential real estate here in Florida, you are buying both the land as well as the improvements to it (the building, the sewage system components buried under the house, the fence, the landscaping, etc.). If you are buying a condominium, then you are buying an […]

Selling the House After a Florida Divorce: Is Partition the Answer?

| May 12, 2015

Last Update: 04/18/16 You live in Florida and you just got divorced. The two of you bought a house while you were married, which is usually the most valuable marital asset. The judge finalized your divorce, but ownership and how the home is to be disposed of wasn’t mentioned or adequately addressed in the settlement […]

How Important is Title in a Florida Residential Real Estate Closing?

| April 21, 2015

Last Update: 02/24/16 Closings for residential real estate (homes, condos) are often held at the offices of title companies here in South Florida (even though most real estate lawyers will close a transaction at no additional cost). One of the most important aspects of a real estate closing, is the title work, which is an […]

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 […]

In Florida, Shared (Joint) Ownership Can Be a Big Problem If a Creditor Stakes a Claim Against the Property in Joint Tenancy with Right of Survivorship

| December 17, 2013

Last Update: 02/10/16 In Florida, two people can own a piece of real estate (like a single family residence or a vacation condo) together even if they aren’t husband and wife, or related in any way. The most common form of ownership, where more than one person owns an interest in Florida real estate, is […]

Duty to Disclose for Sellers in Florida Residential Real Estate Transactions – Are Florida Real Estate Buyers Protected by Florida Law?

| October 22, 2013

Last Update: 02/24/16 Disclosure of bad things doesn’t always happen in real estate negotiations because sellers fret that if the buyer hears something bad, they’ll walk away — or, counter with a much lower price than the listed sales price. Fortunately, Florida law requires that sellers disclose known defects involving Florida residential real estate; sellers […]

Florida Forged Deeds: Foreclosure REO Properties Tempting Target for Fraudulent Conveyance of Homes to Innocent Buyers Via Fake Deeds

| July 16, 2013

Last Update: 02/24/16 Florida law is very protective of land titles and there are lots of legal requirements to be met in documenting ownership of real estate. For instance, real estate ownership must be documented in writing and that document must meet certain legal requirements. (See Florida Statute 689.01 et seq.) Why? Strict laws are […]

Florida Condo Owners: When Can Owners Go Directly to Court and File a Lawsuit and Not Be Forced to Mediation or Arbitration For Claims Against A Condo Board or Association?

| May 21, 2013

South Florida Condo Ownership is Different Than Owning a Single Family Home For those looking into buying a Florida condo, as well as those who own a condominium either as their home or as an investment property, one of the key considerations in this type of real estate ownership is the reality of dealing with […]

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