Purchasing real estate in Florida may involve several kinds of claims or liens by third parties, including the local municipality. Sometimes, the seller may not be aware a municipal lien exists, much less the buyer. Lack of knowledge is no defense to a lien. Even if everyone is unaware these liens exist, they remain an
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Can Siblings Force The Sale Of Inherited Property?
In Florida, siblings can force the sale of inherited property through a partition action. This statutory legal procedure divides the property among co-owners or allows for the sale of the property and distribution of proceeds among them. Most disputes involving the forced sale of inherited property are related to the allocation of rent and expenses…
Quitclaim Deed Forgeries
Last Update: 11/13/21
In this article, we’ll break down:
- What is a quitclaim deed?
- Forged quitclaim deeds
- What about innocent purchasers?
- Statute of limitations
- Presumptions and burden of proof
- Characteristics of a forged or fraudulent deed
- What Should You Do About A Forged Quitclaim Deed In Your Chain Of Title?
In Florida, anyone who wants…
3 Types of Foreclosure Defenses In Florida
Last Update: 10/10/20
In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments. Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a “default” under the law; and (3) if the lender had a legal right to accelerate the debt under the…
10 Reasons To Survey Your Property In Florida
Florida home buyers are not required by law to survey their residential property before they close on their new home. However, it’s a good idea to do so because any number of issues can materially affect the value of the property and the ability to sell it.
What is a Survey?
A certified property boundary…
10 Reasons To Have A Home Inspection In South Florida
Last Update: 12/16/20
Under Florida Statute 468.8311, home inspection services are defined as “a limited visual examination of the following readily accessible installed systems and components of a home” performed by a licensed home inspector. Those items include:
- The Structure of The Home
- Electrical System
- HVAC System
- Roof Covering
- Plumbing System
- Interior Components
- Exterior
…
Florida Title Company or Real Estate Lawyer: Who Should Handle Your Closing?
Florida does not require an attorney to oversee a residential real estate transaction. A buyer can purchase a home or condo in Florida and get a mortgage without getting legal advice from an attorney. A real estate agent can provide standardized contract forms, and a title company can issue title insurance and conduct the closing.…