Discussion of topics by real estate attorney that covers topics from both personal deals and those that come up for my clients.
Real Estate LIVE! Radio 1340 AM
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I was recently invited by the host of Real Estate Live! with Michele the "Queen of Real Estate Radio" to discuss a few topics of interest to investors. Video of the show is posted to YouTube. Check it out!
The Florida Legislature Strengthens Laws to Remove Unwanted Parties from Your Property The governor signed House Bill 631 into law on March 8, 2018, to update Florida law on ejectment, unlawful detainer, and customary use. So what does this mean? First, let’s suppose the company owning the building next to yours puts up a fence ten feet over your property line, claiming to have a recorded deed to a strip of your land. You think the deed is bogus. To get rid of the fence you would likely file an “ejectment” action. “Ejectment” is a kind of eviction action in which the party in possession claims a right to be there under a written instrument in its chain of title (usually a deed, easement, or other serious title instrument). An ejectment action gives you the chance to prove your superior title to the property (after which you would eject the neighbor’s fence). Case closed. The amendments to the Bill modernize the statute to ...
There are a lot of things to consider when deciding which title company is the best fit for you and your book of b usiness. Interestingly, the part where they issue you a title policy and who the underwriter is under which they are writing it (the actual product you are purchasing ) is usually at the bottom of list. So, what ARE the top things clients ask (or should be asking) when deciding on an investor friendly title company? Below is a list of questions I have been asked and some that I think should be ask ed more often when vetting investor-friendly title companies. What percentage of their book of business is made up of investor deals? Look for one that has about 70% of the book as investor deals. The strategy and mindset used by a title closer working a retail deal versus an investment deal are totally different . One is very personal and emotionally driven; the other is fast-paced and based on numbers. It’s beneficial to work with a title company w...
By Hope Richards, the anti-attorney attorney Richards Law, PA Hope@RichardsLawPA.com Let’s revisit an oldie but a goodie and I wrote about way back in 2016 - the myth that putting property into a land trust magically keeps lenders from noticing that you sold a house without paying them their money back. Spoiler: it doesn’t. Not then, not now, not even with a fancy Latin phrase like inter vivos in your back pocket. If you missed my first blog on this topic, here’s the Cliff’s Notes version: Transferring property into a land trust does not make you invisible to the bank. The Garn–St. Germain Act has a narrow exception that gets twisted more than a soap opera plot. You’d need the borrower to still live in the property and remain a beneficiary. Show me a Subject-To investor that’s keeping the seller as both owner and roommate, and I’ll show you an HGTV episode I’d actually watch. Now, here’s where the sleight of hand gets dangerous: it’s not just the strategy that’s flawed— it...
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