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Florida Land Trusts

What is a Florida Land Trust? A Florida Land Trust is a private legal agreement between one or more parties for the purpose of holding title to real estate. The legal rights and obligations of the parties to the land trust are governed by the provisions of the Florida Land Trust Act. The land trust […]

Cybersecurity Checklist: Best Practices for Real Estate Professionals

Cybercrime can be devastating to real estate professionals and their clients. The following checklist offers some best practices to help you curb the risk of cybercrime. Because data protection and cybersecurity laws differ across the country, NAR recommends that you work with an attorney licensed in your state to help you develop cybersecurity-related programs, policies, […]

Home Damaged Before Closing – Who Is Liable?

Closing a real estate deal between the buyer and seller is a delicate process that requires paperwork, walk-throughs, and other professionals to progress the sale along. If the property suffers physical damage before the closing completes, it is important to know what is responsible to repair it or to ensure the home receives all due […]

How to Remove a Lis Pendens in Florida

The lis pendens is a document that gets filed in a lawsuit and is recorded in the public records to tell those searching the title to a property that there is a lawsuit concerning that property. Documents filed in lawsuits reside in the Clerk of Court’s records. Title to real property lives in the public […]

A Buyers’ and Sellers’ Guide to Multiple Offer Negotiations

woman signing on white printer paper beside woman about to touch the documents

Information for Buyers In some situations sellers will have several competing purchase offers to consider. Sellers have several ways to deal with multiple offers. Sellers can accept the “best” offer; they can inform all potential purchasers that other offers are “on the table”; they can “counter” one offer while putting the other offers to the […]

What You Need to Know About Real Property Title-Related Claims

Quiet title is a claim under Florida law to remove a cloud on title to real property. It is established in and regulated by Chapter 65 of the Florida Statutes. It is often used where a party records an improper lien or claim against the ownership of real property. Slander of title is used to […]

Use of ‘Escalation Clause’ Skyrockets in Hot Seller’s Market

As escalation clauses become more popular during this hot seller’s market, buyers should consider the pros and cons of using them – as well as the broader legal context of their offer. During this white-hot seller’s market, many REALTORS® have asked questions involving multiple offer scenarios. Buyers are desperately seeking ways to try and make […]

Foreclosure Attorney West Palm Beach

How to Avoid and Stop Foreclosure If you fall behind in your mortgage payments, the possibility that you may lose your home can make you feel devastated and helpless. The worst approach in that situation is ignoring notices from your lender and doing nothing. Most people don’t realize that if you are the victim of […]

Real Estate Love Letters: A Heartfelt Enticement or a Forbidden Affair?

Housing inventory is low across the country, especially here in Florida, leading to increasingly competitive markets for potential buyers looking to purchase a home. In an effort to stand out to sellers, some buyers have started including letters with their offers but these “real estate love letters” could have unintended consequences. What Are Real Estate […]

Quiet Title Actions – Legal Versus Equitable

Some situations require a quiet action in real estate deals, title conflicts and a completion of ownership transfers and claims. When someone must file to authenticate their title being valid despite claims explaining that it is not, the individual usually must undergo a quiet title action. This may be regarding the actual property title, an […]