Real Estate Law Archives - Page 2 of 3

Coronavirus (COVID-19) and Evictions

Posted on April 3, 2020

The Coronavirus (COVID-19) has already had a devastating effect on the local Southwest Florida economy. Many folks in the service industry have been laid off or suffered from severe cuts to working hours and/or pay. Unfortunately, this shutting down of certain local businesses has come toward the end of the season, one...

ALLEVIATING CONTRACTUAL OBLIGATIONS IN THE MIDST OF THE CORONAVIRUS (COVID-19)

Posted on March 24, 2020

Many Floridians are concerned about how the Coronavirus (COVID-19) will affect their ability to pay long term debts and honor long term contractual obligations. There is little doubt that the economic impacts of this epidemic are vast and will continue to accumulate. Furthermore, the Sunshine State is particularly vulnerable because of the...

WHAT ARE TYPICAL NON-FORECLOSURE MITIGATION OPTIONS FOR COMMERCIAL PROPERTY?

Posted on October 21, 2019

Question: "What are typical non-foreclosure mitigation options for commercial property?" In a commercial default situation, where you're dealing with loss mitigation, you have the opportunity to either come...

THE HEALTH OF A TREE WHEN IT FALLS DETERMINES LIABILITY UNDER FLORIDA LAW

Posted on November 1, 2018

“Get your tree off my property!” screamed one clearly stressed out neighbor to another. “Really?” Replied the other neighbor. “It fell on YOUR property, so it’s YOUR problem!” While it’s fantastic to see neighbors helping...

WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE?

Posted on July 19, 2018

Default and acceleration in a commercial mortgage will often happen just as a function of the debtor's failure to pay the payments when due. Beyond that, sometimes the debtor will try and transfer the title to the property, or the creditor may make...

HURRICANE IRMA AND “FRUSTRATION OF PURPOSE”

Posted on November 21, 2017

Hurricane Irma has affected Southwest Florida in many different ways. For some, their business plans have been shattered as a result of the devastation. Such shattered...

WHAT DOES “HOMESTEAD” MEAN IN FLORIDA?

Posted on October 27, 2017

In Florida, the term “homestead” property gets tossed around often, but do you really know what homestead means? The goal of Florida homestead law is to protect Florida families. The Florida Constitution provides three different forms of homestead protection for Florida homeowners:

THE LAND DIVORCE: HOW TO PARTITION FLORIDA REAL ESTATE

Posted on September 3, 2016

How to partition jointly held property
So, Mom left you and your least favorite sibling the house…in joint ownership. The both of you decide to keep it while one of you lives in it, maintains it, and pays the upkeep on it (i.e. taxes...

||Florida Condo Association Presuit Arbitration Requirement Paperwork

WHAT IS THE FLORIDA CONDO ASSOCIATION PRESUIT ARBITRATION REQUIREMENT

Posted on September 1, 2016

While residing in a Florida condo association, many disputes arise between the unit owners and the association. Florida condo associations are governed by Chapter 718, Florida Statutes which are commonly known as the Florida Condo Statutes. When disputes begin, many associations or units owners...

WIRE TRANSFER FRAUD UPDATE

Posted on March 18, 2016

We previously posted a blog on the emerging issue of real estate wire transfer fraud and how it is currently impacting Florida. See Real Estate Wire Transfer Blog. The FBI is now warning businesses of a related...