REAL ESTATE DISPUTE? [Edited May 1, 2017]
Buying a new home is an exciting -- and sometimes overwhelming -- event. For many people, it is the most significant transaction of their lives. In all the excitement, it can be easy to make some missteps or fail to see some red flags that could jeopardize your home and your rights as a homeowner.
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.
Florida's tag as the Sunshine State positively influences individuals and businesses thinking of relocating. Many people choose homes in community associations, whether condominium, cooperative or homeowner associations.
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?
Florida commercial leases trip up many a landlord and many a business tenant. Here's an important point regarding one of many stark differences between a residential and a commercial lease: Commercial lease tenants are accorded fewer consumer protections if things go wrong down the road.
Real Estate Litigation -- nobody wants to be there but sometimes it's the only answer. Large-scale real estate transactions in Florida can go sour for any number of reasons, ranging from allegations that a party has failed to perform to claims of fraud, breach of contract, survey and title problems, the list is endless.