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. […]

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 […]

Florida House Bill 87 and “Foreclosure Reform” Passes Florida House’s Civil Justice Subcommittee: HB 87 is One Step Closer to Ending Judicial Foreclosures in Florida – This is Dangerous for Florida Home Owners and Florida Real Estate

| February 7, 2013

There’s a proposed law being pushed up in Tallahassee once again this year that aims to end Florida’s long-standing judicial foreclosure process, and this year it seems to be gaining strength, though it died a pretty quick death in its earlier version last year.  Perhaps you remember all the public outcry over this proposed legislation […]

Zombie Titles in Florida and the United States: What They Are, and How Zombie Titles Hurt Home Buyers and Home Owners, and Ways to Protect Against Zombie Titles

| January 10, 2013

Now, word is spreading around the country about a rising new horror in the Foreclosure Fraud crisis and Robosigning mess, which the country (and especially South Florida) has been reeling from for several years now; the ZOMBIE TITLE. That’s right: the Zombie Title, similar to the earlier warning we gave about the Zombie Note scare […]

Florida “Wild Deeds” – Just One More Florida Land Title Issue For Quiet Title Actions: What is a “Wild Deed”?

| April 24, 2012

Last Update: 02/24/16 Last fall, Osceola County Clerk of the Court joined other Florida officials in warning the public at large that con artists were at work in the State of Florida, taking advantage of the Foreclosure Fraud mess by filing “wild deeds” in the real property records. (Check out the Osceola Clerk’s list of […]

Should Florida Property Owners Proceed Pro Se and Represent Themselves in Legal Claims or Quiet Title Actions? Probably Not. Here’s Why.

| April 12, 2012

Florida law does allow individuals to proceed with civil actions without an attorney – in legal jargon, it’s called representing yourself “pro se.”  In this economy, finding ways to avoid the expense of attorneys’ fees sounds smart, and there are situations where a Floridian is somewhat savvy to handle their own legal matter. For instance, […]

Quiet Title Actions in Florida: What Damages Can You Get? In a Quiet Title Lawsuit, What Do You Get When You Win?

| April 3, 2012

In Florida, a quiet title action is filed pursuant to specific Florida Legislation found in Chapter 65 of the Florida Statutes, “Quieting Title.”  (You can read through the entire chapter online here.)  In Chapter 65, Florida law defines three things that you can obtain in a successful quiet title action.  If you can prove the […]

Florida Quiet Title Actions: 10 Things You Should Know About Quieting Title in the State of Florida

| March 29, 2012

Last Update: 02/10/16 As the Florida real estate market stumbles along, we are predicting that land title issues are going to be causing more and more problems for Florida home owners, those wanting to sell Florida property, as well as those who want to buy a Florida home, condo, or tract of land.  Why?  The […]

Florida Quiet Title Actions and Mortgage Termination Suits: Why Are Title Insurance Companies Wary in Florida of Issuing Title Insurance Policies?

| March 27, 2012

Last Update: 02/24/16 Last week, the Sun Sentinel published an article that pointed out how one title insurance underwriter was advising its members, i.e., Florida title insurances agents, regarding “mortgage terminator” judgments and the problems associated with those lawsuits.  Seems the title insurance agents are being warned against issuing title insurance policies now because of […]

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