Check back monthly to receive video advice on a variety of real estate law issues!
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If you’re about to buy a home you absolutely need a lawyer to represent you. First and foremost, in Miami Dade County or Broward County, the buyer determines who the title company is and many times the title companies are owned by attorneys like our o … |
During the building of your property or your house you’re seeing that there are certain construction defects, you first have to determine if those really are construction defects. You may not be in a position to make that determination but generally wh … |
As a construction company you want to protect yourself from legal disputes and one of the first ways to do that is to enter into a contract with the homeowner or the person you’re building the property for. Enter into a contract with the subcontractor … |
It may be possible to get out of a preconstruction contract and obtain your money back, but you have to remember that pre-construction contracts are generally drafted and crafted by the lawyers for the developer. They’ve taken their time to make sure t … |
To close on a home is when you finalize the transaction of the purchase of the home. The whole accounting of the transaction is done, the buyer pays his money, all of the parties involved in the transaction are paid and the seller transfers title over … |
Title insurance is issued by a title company that can sell title insurance, basically. Title insurance ensures any defects with the title. Prior to issuing title insurance a title company is going to do a title search, a lien search, to determine if th … |
A short sale is generally better than foreclosure because at the completion of the short sale the judgment, which is a result of a foreclosure, is eliminated or removed so on your record or your credit history, your credit record, whatever you want to … |
The draw schedule with the bank is very important because you need to find a way to make sure the bank pays you quickly once you provide them your draw request. If you’re not paid on time workers can walk off the project, suppliers can start a lien on … |
Some of your options if you don’t qualify for a Chapter 7 bankruptcy is a Chapter 13 bankruptcy. Most people do not qualify for a Chapter 7 is because they either have too much money in assets or they make too much money on basically a monthly basis. S … |
You can definitely stay in your home during the foreclosure process. Remember, the foreclosure is the bank’s lawsuit to recover the property but the titled owner of the property during the process is you, the homeowner. The warranty deed or whatever th … |
I’m a real estate developer and I’m about to hire a construction company. What do I need to include? There are a lot of different provisions that can be included in a construction contract but the most important aspect of a construction contract is to delegate who is responsible for what or what part of the construction. Many times arguments are cause … |
When your tenant is not paying rent you should first review your lease agreement to make sure there aren’t any conditions prior to you bringing a lawsuit or prior to you filing a notice. Sometimes a lease agreement will change the type of notice you ha … |
Generally when you’re having problems making your mortgage payments the lender may foreclose, if it goes for a long period of time that you’re not paying the mortgage; anywhere from three to seven or eight months. It’s quite possible that the lender wi … |
Some of the best alternatives to foreclosure are what’s called loss mitigation. Loss mitigation involves a loan modification, it involves a short sale, it involves a deed in lieu with a waiver of a deficiency, and it involves cash for keys. It really d … |
A short sale is a form of loss mitigation. Generally a short sale is when the homeowner who is in default or is in foreclosure goes to sell the home and the amount owed on the mortgage is more than the fair market value of the property. So the lender … |
A loan modification is generally, in it’s simplest form, the request to change the terms of my existing mortgage; whether you’re changing the length of the loan, whether you’re changing the interest rate at which your original loan was at, whether you’ … |
Filing for bankruptcy protection is generally a last resort. However, many people are forced to do it. The bankruptcy protection immediately upon filing your bankruptcy petition provides for what is called the automatic stay and all of your creditors a … |
The most common mistake a home buyer makes in the closing process is not actually hiring an attorney prior to signing the contract. There are standard contracts like the FAR-BAR contract that have very detailed provisions that dictate the relationship … |
The difference between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy are fairly substantial. A Chapter 7 bankruptcy is a complete liquidation of your assets. As soon as you file the bankruptcy petition, your assets are the property of the U.S. Tru … |
If your construction is behind schedule you may be able to get your money back. Generally we have to determine whose fault it is that the project fell behind schedule, and assuming it’s no fault of yours, the person or party that fell behind schedule, … |
