REAL ESTATE DISPUTE? [Edited May 1, 2017]
Many people are aware that, in 2013, the Florida legislature shortened the period within which a lender must start a suit for the mortgage deficiency from five years to one year. What is a 'mortgage deficiency?' This is essentially defined as the amount a court determines is the difference between the value of the real property at the time it is sold and conveyed by the Clerk after the entry of foreclosure judgment and the total amount owed on the mortgage at that time.
While economic indicators point to continued growth in Naples, many of our readers know that business stability and growth are often directly related to location, business neighbors, automobile and foot traffic and of course, to terms of the governing commercial lease. While these factors don't fit neatly into government economic forecasts, they can make all the difference to hard-working entrepreneurs who have their boots on the ground in the fight for business survival.
Commercial leasing in Florida - Are you a landlord or tenant of a business lease? Municipal governments across Florida just scored a touchdown, but state legislators dropped the ball big time. Recent legislation hurts, rather than helps, Florida businesses -- especially start-up enterprises and small businesses paying commercial rents.
Commercial Leasing in Florida:
Florida Homestead is a far reaching protective shield enshrined in the Florida Constitution and implemented in various state laws. It's also given preferred status by Florida courts. When do you need a Florida litigator to stop a creditor levy? When do you need to bring a court action to challenge penalties sought by a county tax collector? When do you need a probate action to a carve a homestead property out of a will? When can you challenge a conveyance (deed or mortgage) given by a spouse? When can you contest a devise in a will where the decedent left a spouse and/or minor children?
FORECLOSURE OF REVERSE MORTGAGES. Some lenders impose rules that are not fully explained to elderly borrowers. This problem is compounded as people age in place and become less likely to carefully read all the mail they receive. Sometime that mail requires prompt response or dire consequences can flow. Some borrowers have found a few lenders' attitude is: You live in your house until, well, we contend that you don't live in your house.
Real Estate Litigation often arises from disputes over forfeiture or recovery of deposits under real estate Purchase and Sale Agreements.
Florida HOMESTEAD is frequently misunderstood and under-utilized by many Florida citizens, perhaps because people come from states which have nothing similar. There are three separate aspects to FL homestead:
Well, this tale is sure to rile up just about any individual in Florida or elsewhere across the country who lives in a homeowner or condo association often also referred to as "community associations,"