Purchasing real estate in Florida may involve several kinds of claims or liens by third parties, including the local municipality.  Sometimes, the seller may not be aware a municipal lien exists, much less the buyer.  Lack of knowledge is no defense to a lien.  Even if everyone is unaware these liens exist, they remain an issue with conveying clear title to the property.  These liens can cloud the title, like a tax lien.  They can also increase the financial liability of the unsuspecting buyer after closing. Also, municipal liens can form the basis of a foreclosure act ..read more

In Florida, siblings can force the sale of inherited property through a partition action. This statutory legal procedure divides the property among co-owners or allows for the sale of the property and distribution of proceeds among them.  Most disputes involving the forced sale of inherited property are related to the allocation of rent and expenses to maintain the property. For example in one case, a brother and sister, who owned property as co-owners after their mother died, each had an obligation to pay their proportionate share of the real estate taxes, and thus, each was required to ..read more

Last Update: 4/14/21 In Florida, anyone who wants to own or possess real estate (land with or without improvements) must do so in writing by way of a Deed.  The validity of that Deed will depend upon the language contained therein as well as technical issues, like signing, witnessing, notarization, etc. There are several kinds of deeds recognized in Florida, including a general warranty deed and a special warranty deed. The most common deed in Florida is a quitclaim deed. What is a Quitclaim Deed? Under Florida law, a quitclaim deed is a deed that transfers the least amount of protection ..read more

Last Update: 10/10/20 In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments.  Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a “default” under the law; and (3) if the lender had a legal right to accelerate the debt under the circumstances of the case. The caveat here is that most of these defenses are considered affirmative defenses, which means if a homeowner fails to properly raise them in their answer to a mortgage foreclosure action they may waive their right to use these ..read more

Florida home buyers are not required by law to survey their residential property before they close on their new home. However, it’s a good idea to do so because any number of issues can materially affect the value of the property and the ability to sell it.  What is a Survey? A certified property boundary report, or “survey,” outlines and defines all of the unique characteristics of land and its improvements. The creation of a physical survey is done by a surveyor licensed to perform physical surveys by the State of Florida.   As part of the creation of the survey, a licensed s ..read more

Last Update: 12/16/20 Under Florida Statute 468.8311, home inspection services are defined as “a limited visual examination of the following readily accessible installed systems and components of a home” performed by a licensed home inspector.  Those items include: The Structure of The Home Electrical System HVAC System Roof Covering Plumbing System Interior Components Exterior Components and Site Conditions that Affect the Structure. Anyone buying a home or condo in Florida should get a thorough inspection before their closing. In fact, every standard residential real contract in Flori ..read more

Florida does not require an attorney to oversee a residential real estate transaction.  A buyer can purchase a home or condo in Florida and get a mortgage without getting legal advice from an attorney. A real estate agent can provide standardized contract forms, and a title company can issue title insurance and conduct the closing. However, there are several important issues to consider when deciding whether or not to hire an attorney to conduct a real estate closing. Florida residential real estate can have water access issues from ocean front to Gulf access, to the inland lakes, stream ..read more