Explaining the Warranty Deed

You are likely familiar with the term “deed” as a designation of ownership over certain types of large assets, like cars and houses. What’s not as widely known is the different types of deeds available to purchasers. A deed is a valid, legal instrument that officially conveys (transfers) ownership of property from one party to another party. One or more parties can be considered a business, estate, or trust, in addition to people.  The two ...
Read More

Common Chapters of Bankruptcy

Depending on your income, amount of debt, number of creditors, and whether or not your dire financial straits involve a business or corporation, you will be considering different types of bankruptcy filings. The most common type of filing is Chapter 7 bankruptcy, followed by Chapter 13. Chapter 7 and Chapter 13 filings are known as personal filings and are the most accessible types for individuals in distress over their outstanding ...
Read More

Understanding Setbacks

Before you break ground on a structure, there will be a long checklist of things you need to take care of to ensure a smooth building process. If you are truly prepared, one of those things will be to double-check that your new home or office does not encroach on the setback zone as established by the applicable municipality. If you are not familiar with this term and how it affects your property, we explain what you need to know below. What ...
Read More

Florida Real Estate Law: The 1031 Exchange Process, Explained

One of the most under-utilized sections in the Internal Revenue Service tax code is Sec. 1031 – perhaps due to its complexity. The truth is that if you want to avoid paying hundreds of thousands of dollars in capital gains taxes from the sale of a property, you should take a good look at this code. The provision allows you to, essentially, swap one investment property for another. However, there are several restrictions and time frames you must ...
Read More

5 Ways a Landlord Should Ensure Habitability of a Living Space

A landlord’s responsibility does not end at completing the construction of the building and installing the basic utilities. Under landlord-tenant law, the landlord’s obligation extends to ensuring that the building is habitable for its occupants during their stay. Of course there are certain limitations to this obligation. It would be unreasonable, for instance, to expect a complete roof reinstallation just because of a small leak on the roof. ...
Read More

5 Common Shareholder Disputes

Shareholder disputes are a serious concern that can bring your business to its knees. When you get into a disagreement with your partner(s), it can affect the ongoing performance of the business. It can ruin your reputation and cripple your ability to deliver goods or services as efficiently as possible.  If the dispute is not successfully resolved, it can cause permanent damage to your brand and even result in your company’s closure. As such, ...
Read More

4 Steps to Take in Order to Amend Lot Lines

Most people don’t know exactly where their property boundaries end, and most people don’t care. The only way you can be able to physically touch the limit of your property is when your deed contains permanent markers of the land, for example, a stone monument or tree. And even then, the boundary might not be set up in a straight line. If you are conflicted about your property boundaries, here are a few steps to take in order to amend lot ...
Read More

“Should I File Bankruptcy?” 7 Tips to Help You Make the Decision

Filing for bankruptcy is not exactly the type of lunch break conversation you want to have with your colleagues, and for good reason. It is a measure of last resort that reveals to the whole world that you are so far deep in debt, even the bank is suing you. If you do not have a contingency plan, it will destroy your credit and debilitate your borrowing ability. If you are wondering whether or not to file for bankruptcy, here are a few tips to ...
Read More

What to Expect at a Foreclosure Trial

If you are underwater on your mortgage, you may be facing foreclosure. Foreclosures can happen either judicially (in court) or non-judicially (out-of-court). Non-judicial foreclosures are typical of loans that are secured by a trust while judicial foreclosures are common in loans that are secured by a mortgage. If your loan was secured by a mortgage, you will probably have to go through a foreclosure trial. In this article, we are going to ...
Read More

Non-Use Variance Explained

A variance allows a property owner to use his or her land efficiently by bypassing established local zoning laws. Variances are normally issued under unusual circumstances, for instance when there’s a large stream on the property that is making it difficult to continue with construction without breaking local zoning laws. There are two types of variances: use variances and area or non-use variances. This article explores non-use variances in the ...
Read More