Articles Posted in Real Estate Litigation

JordanPascale_BlogImage-300x215If you are reading this, NOW is the PERFECT time to get ahead and make sure you are most prepared to deal with the before and after effects of the Storm.  Locate your Auto, Boat, and Homeowners Insurance policies and make sure they are in effect and in good standing.  If you have any questions about your policies, reach out to your insurance agent immediately. 

Remember to take pictures or video with your smart phone before the StormTake pictures or even video tape the outside to show every corner of your home, the inside of your ceiling to show there were no leaks.  Take pictures and video around your windows from the inside to show there were no water stains before the storm.  Take pictures or video of all your furniture, TV’s and all electronics so you can show that you did own them prior to the storm.  It is most common for insurance companies to claim that damages were there prior and will likely not approve your claims unless you have some evidence (THE MORE EVIDENCE THE BETTER!)

If you have any questions, do not hesitate to contact us anytime at 305-501-2836.  We are here to help and assist you in any way we can. 

Below is a comprehensive list of “things to do” we received and would like to share with everyone to help in your preparation: 

1.       Charge any device that provides light. Laptops, tablets, cameras, video cameras, and old phones. Old cell phones can still used for dialing 911. Charge external battery back ups.  Continue Reading

DanPascale-214x300By: Daniel T. Pascale, Esq.

Within the State of Florida especially, it is common to encounter real properties encumbered to more than one party– be it by inheritance, speculative investment, marriage, or some other such instance of shared ownership or tenancy in real estate. When these relationships are legally severed, such assets must be fairly and equitably divided between all invested parties, and in the State of Florida this is referred to as Partition of Real Estate or, more colloquially, Partition Law. Codified under Chapter 64 of the State Statutes, partition matters are a unique area of real estate law and subject to defining rules and regulations that set them apart from other, more familiar forms of litigation. The following is a brief synopsis to help illustrate the process of partitioning real estate in Florida.

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Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices Located in Delray Beach, FL and Coral Gables, FL.

As Hurricane Matthew bears down on the east coast of Florida, homeowners who happen to be in the path of possible damage are scrambling to make necessary preparations. Staying safe during this storm event is top priority, of course; however, after the worst is past, and the effects of the tropical system are being evaluated, here are some pertinent factors to consider for those who may need to file a property insurance claim for damage caused by Hurricane Matthew.

Don’t Delay!

It is imperative that you contact an experienced professional that is working for you (the property owner) and not the insurance company. Our law firm’s clients benefit from our strategic partnerships with seasoned public adjusters that analyze and document damages for your claim. An important point to note at this stage is that you are working with aggressive insurance claims lawyers and public adjusters, as opposed to an adjuster from the insurance company. Working with us is in your best interests, as we are your advocates — and most importantly, not working for your insurance company.

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Daniel PascaleBy: Daniel T. Pascale, Esq.

If you jointly own real estate in Florida, it is your right to sue for partition. Partition is the dividing up of real property among the owners. When partition is requested, the court decides how much of the property belongs to each individual under Florida Statute 64.051Judgment.—The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it. When the rights and interests of plaintiffs are established or are undisputed, the court may order partition to be made, and the interest of plaintiffs and such of the defendants as have established their interest to be allotted to them, leaving for future adjustment in the same action the interest of any other defendants.

Where a property can be divided, such as a plot of land, the court determines the appropriate division. If the property can’t be divided, such as with a single family residence, the court may order the sale of the property with the proceeds division stipulated in the court order. It’s important to note that the amount the court determines as appropriate may not be the same amount the plaintiff requested. For instance, if a plaintiff has requested half of a property as joint owner, but the defendant had invested in significant improvements, the court may decide the defendant deserves a larger portion of the proceeds.

There are several common situations that may lead to a request for partition.

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Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables, FL

Joint property ownership is a partnership at its core. Partnerships are great tools to save money, promote economies of scale, and better utilize resources. However, in situations where more than one party owns property, decision-making may become cumbersome, partners may not always get along, or they may have different interests which don’t reconcile with each other. Oftentimes, these problems can be resolved without court intervention, but when they cannot, partition of real estate may be the best solution. The following is a general overview of the Florida partition process.

Partition Requirements

Under F.S. 64.041, a complaint for partition must allege:

  • a description of the lands of which partition is demanded;
  • the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands;
  • the quantity of the interests held by each; and
  • any other matters as are necessary to enable the court to adjudicate the rights and interests of the parties.

Partition Sales

A partition sale is a secondary measure used only when the property cannot be divided.

Under F.S. 64.061(4), on the motion of any party, property may be sold in lieu of partition if either of the following conditions is satisfied:

  • There is an uncontested allegation in a pleading that the property is indivisible and not subject to partition without prejudice to the owners.
  • A judgment of partition is entered and the court is satisfied that allegations of indivisibility are correct.

If one of these requirements is met, the court may appoint a special magistrate or the clerk to sell the property. The sale may be either private or public.

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