Real Estate 101 and Beyond

  Do You Need an Attorney for a FSBO Sale in Florida? Selling your home without a real estate agent, commonly referred to as “For Sale By Owner” or FSBO, is similar to what we call "pro se" in the legal world and is absolutely allowed. Whether it is the right choice for you requires the consideration of multiple factors. Many sellers choose this route to net more seller process by avoiding paying agent commissions. But once you move past listing the property and start receiving offers, the legal side of the transaction becomes very real, very quickly. So, is an attorney required? In Florida, the answer is, no. There is no legal requirement that you hire an attorney to sell your home. The better question is whether you should. Where FSBO Sales Start to Break Down Most FSBO sellers don’t run into issues landmines when. marketing their home. Instead, they run into problems once a buyer is ready to move forward. Common issues include: Contracts that don’t clearly reflect the agre...

  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...

       When homeowners are underwater on their mortgage and out of options, a short sale can feel like the emergency exit door. But just because the bank agrees to take less than what's owed doesn’t mean it’s smooth sailing. From potential deficiency judgments to credit consequences and tax surprises, there’s more to it than signing away the deed. As real estate attorneys, we help you navigate the fine print, negotiate with lenders, and make sure your “short” sale doesn’t come with long-term regret.      Short sales are complex negotiations that involve your mortgage lender, a potential buyer, and often a whole cast of supporting characters like junior lienholders, HOAs, or judgment creditors. If just one of them doesn’t approve the deal, the whole thing can fall apart. We step in early to identify these roadblocks and help resolve them—before you get too far down the road. Our goal is to make the process as clean and favorable for you as possible. ...

  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...

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 ...