Florida Real Estate Lawyers Blog

Florida Partition Law (December 2016 Update)

Published on: December 7, 2016 | by ESQ.title

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.

Due Diligence Checklist for Commercial Real Estate Transactions in South Florida

Published on: October 13, 2016 | by ESQ.title

By: Alejandro E. Jordan, Esq.

Due Diligence Checklist for Commercial Real Estate Transactions in South Florida

Commercial real estate investments in south Florida can provide lucrative returns when they are selected and managed properly. Rather than just rushing into a transaction, an investor will be more likely to realize those returns if he follows a due diligence checklist on commercial real estate transactions in Miami and anywhere else in the State of Florida. The key items on that checklist are as follows:

ACQUISITION DOCUMENTS

Both Purchaser and Seller must confirm that they are satisfied with the purchase contract and all ancillary documents, including corporate authorizations and approvals, escrow agreements, and disbursement instructions.

TITLE AND ZONING

The transaction should not close until the Purchaser has reviewed the title policy and any applicable surveys, and has concluded that no exceptions will preclude him from acquiring a clean title to the commercial real estate.

Hurricane Matthew Property Insurance Claims

Published on: October 5, 2016 | by ESQ.title

By: 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.

Due Diligence on Commercial Real Estate in Miami – Safety, Risk Management and Environmental Considerations

Published on: September 27, 2016 | by ESQ.title

By: Alejandro E. Jordan, Esq.

Due Diligence on Commercial Real Estate Transaction in Miami, South Florida

Safety, risk management, and environmental due diligence before a commercial real estate transaction is becoming more complex. Here are some guidelines for performing due diligence on a commercial real estate transaction involving an existing structure.

Safety Assessment:

Is the building ADA compliant? If not, is there a current remediation plan in place?
Safety inspection of elevators?
Fire system adequate and inspected? Documented fire safety protocols?
Have there been any lawsuits or complaints filed, even if dismissed, regarding safety or access issues?

What is the Best Option for Dividing Property in Florida?

Published on: September 14, 2016 | by ESQ.title

By: 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 64.051: Judgment.—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.

Mixed Picture for Housing in 2016

Published on: June 15, 2016 | by ESQ.title

Posted By: Daniel T. Pascale, Esq.

Offices in Delray Beach and Coral Gables, FL

Source: Naples Daily News (Naples, Fla.), June Fletcher. Distributed by Tribune Content Agency, LLC.

Enforceability of Electronically Signed Documents

Published on: June 13, 2016 | by ESQ.title

By: Daniel T. Pascale, Esq.

Office Locations: Delray Beach and Coral Gables, FL

On April 20, 2016, the District Court of Appeal for the Fourth District of Florida held that a copy of an electronic promissory note (e-note) was sufficient to prove the identity of the e-note’s owner and to provide authorization to the loan servicer to pursue a foreclosure action (Rivera v. Wells Fargo Bank, N.A., 2016 WL 1579076 (Fla. 4th DCA Apr. 20, 2016)).

New Florida Building Laws Effective July 1, 2016

Published on: June 8, 2016 | by ESQ.title

By: Daniel T. Pascale, Esq. Office Locations in Delray Beach, FL and Coral Gables, FL

Florida bills effective July 1 revise some rules in Fla.’s building code, regulate private-residence elevators and authorize officials to create fumigation rules.

SB 1602 creates rules for new elevators in private residences, saying they must:

June 2016 Florida Real Estate Case Law Updates

Published on: May 29, 2016 | by ESQ.title

By: Daniel T. Pascale, Esq.

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

10 SE 1^st Avenue, Suite A, Second Floor, Delray Beach, FL 33444

255 Aragon Avenue, Second Floor, Coral Gables, FL 33134

Liquidated Damages Clause Enforced in Real Estate Contract

San Francisco Distribution Center, LLC v. Stonemason Partners, LP,

39 Fla. L. Weekly D790 (Fla. 3d DCA 2014)

Synopsis

Vendor of commercial property brought breach of contract action against failed purchaser, seeking to recover deposit which closing agent had returned to vendor. The Circuit Court, Miami–Dade County, Ronald C. Dresnick, J., entered summary judgment for vendor, and purchaser appealed.

Holdings: The District Court of Appeal, Emas, J., held that:

Liquidated damages provision was not unenforceable on grounds vendor could choose between damages and specific performance;
Amount to be forfeited was not grossly disproportionate to sale price; and
Provision was not rendered unconscionable by subsequent sale for higher price.

Foreclosure and Mortgagor’s Bankruptcy Discharge

Deutsche Bank Trust Co. Americas v. Nash,

39 Fla. L. Weekly D829 (Fla. 2d DCA 2014)

Synopsis

Mortgagee brought foreclosure action against mortgagors, and mortgagors stipulated to entry of foreclosure judgment. After mortgagors were discharged in bankruptcy, they moved for relief from the foreclosure judgment and sale. The Circuit Court, Hillsborough County, Perry A. Little, Senior Judge, granted the motion. Mortgagee appealed.

Holding: The District Court of Appeal, Silberman, J., held that:

Mortgagors were not entitled to relief from the foreclosure judgment and sale as a result of their discharge in bankruptcy.

May 2016 Florida Real Estate Case Law Updates

Published on: May 4, 2016 | by ESQ.title

By: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables

10 SE 1^st Avenue, Suite A, Second Floor, Delray Beach, FL 33444

255 Aragon Avenue, Second Floor, Coral Gables, FL 33134

Hayes v. Norman Harris Services, Inc., 41 Fla. L. Weekly D293

Trial Court Must Hear Homestead Arguments to Stay Execution of Judgment

Background: Mortgagors filed motion to vacate consent judgment and motion to stay writ of execution and vacate sheriff’s levy as to their personal residence. The Circuit Court, Polk County, Keith P. Spoto, J., denied motions. After their motion for rehearing or clarification was summarily denied, mortgagors appealed.

Holdings: The District Court of Appeal held that:

Challenge to trial court’s refusal to consider homestead objection was preserved for appellate review, and
It was a denial of due process for trial court to refuse to hear argument that the property was protected from forced sale by the homestead exemption.

Affirmed in part, reversed in part, and remanded.

Hendricks v. Department of Business and Professional Regulation, 183 So.3d 1172

Florida Real Estate Recovery Fund

Background: Prospective purchasers who had obtained default judgments against real estate licensees in underlying action for fraud appealed final orders of Florida Real Estate Commission (FREC) denying their claims against the Florida Real Estate Recovery Fund.

Holdings: The District Court of Appeal held that:

Licensees acted solely in their capacities as real estate brokers in the mishandled sale of newly constructed homes such that purchasers could pursue claims against Florida Real Estate Recovery Fund, and
Misconduct for which prospective purchasers obtained default judgments against licensees in underlying civil action was within scope of activity prohibited by professional rules and regulations governing real estate brokers such that purchasers could pursue claims against Florida Real Estate Recovery Fund

Reversed and remanded.