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Naples Real Estate Law Blog

You've got a real estate dispute: How do you BEST resolve it?

At the Naples law firm of Ross, Lanier & Deifik, P.A., we provide a diverse mix of individual and business clients with tailored, on-point and knowledgeable legal service aimed at promoting their best interests across a wide universe of real property-related concerns.

Indeed, attorney Celia Ellen Deifik has been advocating diligently on behalf of clients for over three decades. As we note on a relevant website page of our firm, Ms. Deifik "has been board-certified in real property law for nearly 20 years."

Partition and Contribution -TV interview of Celia Deifik

PARTITION AND CONTRIBUTION DISCUSSION: Click here for a discussion of various types of problems that can be solved with a Partition law suit:

Foreclosure - FL Supreme Court says NO 5 year limit

This long-awaited opinion in Bartram v. U.S. Bank addresses whether the statute of limitations bars subsequent foreclosure actions after earlier foreclosures were dismissed.

[Statutes of limitation are laws that put deadlines on a party's right to bring a lawsuit, in order to provide finality and let people move on with their lives. Florida's applicable laws say you have five years to bring a foreclosure, five years, that is, from the time the loan was accelerated (the whole loan called due)]. http://www.celiadeifik.com/should-i-file-a-lawsuit-right-away-shouldnt-we-negotiate-or-try-mediation-first/

  The 35-page opinion in Bartram came out last Thursday, November 3, 2016. It's not final until time expires to file rehearing motion, and if filed, determined.

The Supremes ruled lenders are NOT barred from bringing subseqent foreclosure law suits. The implication is that they have the term of the mortgage plus five years in which to sue. So, 35 years on most home loans.

The Florida Supreme Court said:

When a non-compete agreement rears its head

A fair playing field, right? Isn't that what is routinely stressed as being fundamentally important in the world of American business, whether it relates to relate estate or any other industry?

Business as practiced across Florida and the United States is muscular and dynamic, and always has been, given the country's singular status as the enduring frontrunner of capitalism and market-based initiatives.

Liens for Real Estate Commissions

There are two ways in Florida that a real estate broker can obtain the legal right to file a lien against a seller's house, condominium, or other real property, for his real estate commission. Note that I said 'broker.' It's NEVER appropriate for a sales person to file a lien.

The first is by express written agreement with the listing seller. (Written doesn't mean emails, it means a writing signed by ALL the owners)! Appropriately drafted, it will entitle the broker to file a lien against the real property before sale. The property then cannot be sold or transferred without the broker's consent, certainly not without payment of the commission.

The second way only applies to sale or lease of commercial real estate and will arise by operation of law, if, and only if, the broker includes a statutory disclosure in his listing agreement and otherwise complies with a somewhat clunky statutory procedure. The real estate broker then still needs to file a sworn 'commission notice' in the public land records. This will give the brokerage a lien ONLY against the sales proceeds, not against the real property itself. (Not very helpful in a short sale). The owner has a right to challenge the lien up to 5 days after closing.

Spotlight on condo boards' improprieties, counsel's input

A media investigation from earlier this year that profiled multiple abuses committed by condominium associations across South Florida underscores the compelling need that condo owners can have when confronting the wrongful -- and, often, flatly unlawful -- behavior of homeowners boards.

That probe, which the Miami Herald termed "shocking in its scope," uncovered what the paper stated were "disturbing irregularities" surrounding the administration of planned communities.

What is a Partition suit?

A partition suit (or partition and contribution suit) is a lawsuit that a person files in order to force the division of real property. It also enables that person to get contribution from the other owners for expenses of the property if others are not paying their fair share. 

Florida Real Estate Disputes -- Recovering Possession

A common real estate dispute concerns POSSESSION of the property. There are several real estate litigation remedies for recovering physical possession of real property from someone who is on your land or in your house, storefront or warehouse unlawfully, or improperly using it.

TRESPASS --- If someone comes on your land or enters your house (or vehicle) without your permission, this is a trespass and you can call the Sheriff. Trespass is a crime. Trespass after a written warning has been delivered is a more serious crime. Either may result in an arrest and criminal record for the violator.

LANDLORD TENANT LAW -- HOLDOVERS -If someone entered under a lease and breaches the lease or holds over after the lease expires, the owner's remedy is to seek an eviction under Florida's Landlord Tenant law. Evictions can move  quickly, especially where damages aren't sought. If it is a residential lease, the landlord's remedy is generally confined to the landlord tenant law. (There are more options with a commercial lease).

UNLAWFUL DETAINER STATUTE -- When someone continues to hold, use or stay in real property after asked to leave, they are 'detaining,' e.g. keeping possession of, your property. This statute provides a 'summary proceeding' (quick) remedy to have them removed. This remedy is for use against squatters, for guests who have overstayed their welcome, Sellers who fail to move out after a real estate closing (it happens!), and to holdovers after a commercial lease expires.

http://www.naplesrealestatelitigationattorney.com/2016/05/real-estate-disputes----buyers-right-to-possession.shtml

Served with a foreclosure notice? Take a breath and get proactive

For most Floridians and other Americans across the country, home-related transactions are about as amped-up as it gets in life. Emotion often goes into any decision-making process regarding a family dwelling. Excitement easily attaches to property transactions, as does, often, stress.

In fact, and given the heightened amount of money that is invariably at stake in subject matter surrounding a home, stress can quite quickly ratchet up to material levels. As we noted in a blog post from last month, "It can be easy to either panic or feel paralyzed when it comes to making [home-related] decisions."

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