Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutWhat Are Common Buyer Claims Against House Flippers?
According to Florida law, common claims against house flippers often involve allegations of fraud and misrepresentation (failure to disclose), breach of contract, and violations of consumer protection laws: 1. Fraud and Misrepresentation: House flippers may be sued...
What is The Penalty for Falsifying a Quit Claim Deed
According to Florida law, falsifying a quitclaim deed in Florida can result in criminal prosecution for forgery. Additionally, recorded forged deeds are void and do not convey title to property. This is true regardless of proper witnessing or notarization. Florida...
What Happens When Banks Don’t Give Proper Notice of Foreclosure to the Borrower?
Case Example of Precluding Foreclosure Summary Judgment Based Upon Bank’s Failure to Comply with 30-Day Notice For details of the case, read: Cobbum v. Citimortgage, Inc., 158 So. 3d 755 (Fla. Dist. Ct. App. 2015). ____________________________ Christy Cobbum and...
Avoiding Foreclosure After a Major Storm (Hurricane)
Picking up the pieces after a major storm or hurricane can be extremely frustrating, incredibly confusing, and emotionally draining. There’s so much to think about—the welfare of your loved ones and friends, the status of your belongings, the condition of your...
Can a Quit Claim Deed be Contested?
According to Florida law, a quitclaim deed can be contested in Florida on several grounds based on defects in execution (they must be signed in the presence of two subscribing witnesses), lack of capacity, fraud, duress, undue influence, forgery, or violations of...
Can a Bank Foreclose on a Home When Borrower Has Evidence He Tried to Make The Mortgage Payments? (Using the Attempted Tender Defense)
Case Example of Precluding Foreclosure Summary Judgment Based upon Attempts to Pay Mortgage Payments For details of the case, read: Delandro v. America's Mortg. Servicing, 674 So. 2d 184 (Fla. Dist. Ct. App. 1996) ____________________ In 1979, Georgina Delandro...
What is the borrower’s “holder of the note” defense in a Florida Foreclosure lawsuit?
Case Example of Borrower Defending against Foreclosure Summary Judgment Using Plaintiff’s Proof of Being Holder of the Note For details of the case, read: Craven-Lazarus v. Pennymac Holdings, LLC, 199 So. 3d 1029 (Fla. Dist. Ct. App. 2016)....
Can a Bank Foreclose on a Home When the Borrower Has Evidence The Monthly Mortgage Payments Were Made?
Case Example of Foreclosure Defense Based upon Evidence of Payment. For details of the case, read: Gulliver v. Texas Commerce Bank, 787 So. 2d 256 (Fla. Dist. Ct. App. 2001). ------------------------------------ On February 4, 1998, Texas Commerce Bank filed a...
How Can a Borrower Successfully Challenge a Bank’s Legal Standing in a Florida Foreclosure Lawsuit?
Case Example of Foreclosure Foiled by Borrower Challenging Bank’s Right to Sue (Standing) For details of the case, read: Cartwright v. LJL Mortg. Pool, LLC, 185 So. 3d 614 (Fla. Dist. Ct. App. 2016). ______________________ Husband and wife Diego Cartwright and...
5 Things to Know Before Buying a House without a Realtor
For most people, buying a home is one of the biggest milestones in a person’s life. The purchase of a house or condo may be the largest purchase they ever make. Many savvy potential buyers will carefully investigate not only potential neighborhoods and homes, but...
