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 ...
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...
Short sales are often seen as the lesser of two evils when compared to foreclosure—and for many struggling homeowners, that’s true. A properly executed short sale can help you avoid the hit to your credit and dignity that comes with a foreclosure, while also giving you more control over the process. But it’s not a magic fix—and it’s not for everyone. One of the biggest legal pitfalls in short sales is the timing. Many homeowners wait too long to act, assuming the lender won’t approve the sale or thinking foreclosure isn’t imminent. But once a foreclosure lawsuit is filed, the clock starts ticking fast. You need someone who understands the procedural deadlines and can jump into action. Even better? You need someone before that lawsuit ever hits your doorstep. We work with clients to explore all their options, including loan modifications, bankruptcy protection, and strategic negotiation with lenders. If a short sale makes the most sense, we manage the legal complexities so you do...
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