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!
I firmly believe Land Trusts are one of the most misunderstood real estate investment tools nationwide. My plan it to make this a series of posts that will touch on what a land trust is and what it is not, clear up myths and misconceptions and pass along some tips and tricks. It will be basic, but if you understand the basics you can then start to get really specific and use them to cater to your particular investment portfolio. I haven’t decided how many parts will be in the series so my plan is to just take one topic at a time and see where it leads. First, my back ground with these creatures: If I had to pick something that was “my thing” it would probably be Land Trusts. Never would I have imagined when I graduated law school this would be the case, but about 6 years ago Debbie Farnell of Southeast Professional Title handed me Mark Warda’s book on the subject and my gears have been turning ever since. In those 6 years or so I have drafted hundreds of land trusts, give
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 clarify the process and documents necessary to es
As promised, this is going to start off a short series on the FAR BAR As-Is Contract. I was feeling bad about how long it has taken me to get a new post on here, but it turned out for the best. Last week I gave a short little presentation on the As-Is to a group of investors at the Leverage Connections Network Meeting and the questions from the attendees were fantastic. Their questions made me more aware of what content will be helpful for newbie investors – and some more experienced ones who may have gotten a little lazy. Sorry, truth hurts. Before we get into the terms of the contract let’s first have a quick little discussion about what using an As-Is Contract means. An As-Is offer means the buyer accepts the property in its current As-Is physical condition. That means if the house has a bad roof buyer accepts the responsibility of that roof. It does not mean buyer accepts the fact that there is an open roof permit pulled to fix the roof or that there is a code lien on the p
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