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 […]

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 […]

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: 08/01/16 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 […]