Category Archives: Real Estate Litigation
HOA’S Power to Record a Lien Against a Property
An HOA’s right to record a lien, and to foreclose on an unpaid lien, is perhaps the most powerful tool a homeowners’ associations has to enforce an assessment obligation. HOA’S Power To Record a Lien Against a Property An HOA’s lien is a claim for money owed to them pursuant to their assessment; the… Read More »
What Do I Do, My HOA Sent Me a Demand to Mediate?
Fortunately, the Florida Statutes has a provision that provides for a procedure to attempt the resolution of a dispute with your homeowner’s association (“HOA”) prior to either side filing a lawsuit. Under section 720.311(2)(a), Florida Statutes, “Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common… Read More »
What is a Foreclosure Deficiency Judgment?
A deficiency judgment refers to a mortgage lender’s judgment against the borrower for the difference between the outstanding balance of the mortgage note, plus costs and attorney’s fees, and the value of the property foreclosed. For purposes of calculating the amount of deficiency liability, the foreclosed property “value” is the fair market value on the date… Read More »
DO I ADD MY PARTNER TO MY DEED?
When a couple decides to buy property together, their status (married, domestic partnership, common-law married, etc.) does not have immediate implications. However this changes when a property-owning couple ends their relationship, as their status becomes very important in determining how property — real and personal — will be divided. (Real property is real estate,… Read More »
What is a Tax Certificate or Tax Deed?
A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent. Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is… Read More »
Removal of Transient Occupant from Residential Property
First of all, what is a transient occupant? The term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. The Factors that establish that a person… Read More »
CAN A HOMEOWNERS’ ASSOCIATION OR CONDOMINIUM ASSOCIATION FORECLOSE ON MY PROPERTY?
If you live in a house, townhome or condominium that’s part of a common interest community in Florida, more than likely you have a responsibility to pay dues and assessments to the homeowners’ association (“HOA”) or condominium association (“COA”). If you do not pay these dues or assessments, you could be at risk for… Read More »
WHAT IS A PARTITION ACTION? A partition action allows two (2) or more people who typically own real property together to ask the Court to separate the property when they cannot agree about what to do with the property. Partition actions are common in estate planning when a property owner devises property equally to several… Read More »