In the last few years, the residential real estate market in Florida, particularly the west coast, has gone through some tumultuous times. Fortunately, through the efforts of hardworking Americans, there has been some ongoing recovery which has brought some positive changes to the local real estate environment. Real estate properties are selling again, and values are improving. This is a good time to be in Charlotte County for both the locals and for investors.
At my office, I have the pleasure of serving the folks of Charlotte and Desoto counties and providing legal assistance for a range of residential real estate needs. The goal of my practice is to help regular folks and local businesses with real estate issues and working to solve their problems in an affordable manner.
Whether the problem is big or small, at my office you will get a candid evaluation from me personally as to the basic legal issues that must be addressed in your case, and the likely costs associated with a potential legal action. You may not like what I tell you, but it will always be my best legal recommendation for you as your advocate. After all, isn’t that what your lawyer should tell you?
Drafting: My office offers legal drafting of deeds and contracts for sale of properties, as well as drafting of unique ancillary (side) contracts depending on a client’s needs.
Short Sale: A short sale is when a lender, usually a bank, may agree to accept from a borrowing home owner who is upside down and trying to sell the home less than the amount owed to pay off a loan. Many times this option is sought as an alternative to foreclosure.
Sometimes this is the best option for a homeowner who owes much more than a home is worth, and may be a favored alternative for a lender, but there are potential pitfalls to a short sale that can be costly, such as possible tax issues, credit issues and deficiency judgments.
My office offers face to face consultation and negotiation on your behalf for these types of issues.
Foreclosure: A foreclosure is generally a procedure performed to retake property due to an alleged failure by a mortgagee or debtor to make payments as called for in a lending agreement. My office offers assistance for folks on both sides of the foreclosure pickle.
For folks with foreclosure actions pending against them by large banks, my office offers consultation and potential defense of a foreclosure action, and exploration of possible saving alternatives such as short sale, deed in lieu of foreclosure and loan modification.
For property owners here in Charlotte and Desoto Counties who have a defaulting borrower for an owner financed lending agreement, my office provides personalized representation of property owners seeking to foreclose on a defaulting borrower.
Tax Sales/Quiet Title Action: When a property is sold at tax sale, a buyer has two options before he or she can effectively market the property. The buyer can wait until the 4 years statute of limitations expires after the tax deed was issued, or the buyer can institute an action to Quiet Title in which a court order clearing any clouds on the title is sought.
A court order quieting title makes a title marketable and ready for resale. My office represents clients seeking to clear real estate titles in tax deed sale for a very reasonable fee with court costs and expense costs which are the client’s responsibility. Please contact my office directly for details of fees.
Title Disputes: In the event another person or business has claimed a right of ownership on your property, it may become necessary to protect your property rights in court. There are many issues that may cloud a title such as boundary issues, competing deeds, and claims of adverse possession, covenants or other restrictions.
With no two situations ever exactly alike, a legal evaluation and possible civil action may well be your best protection. My office offers consultations on all types of title dispute issues, and can provide a frank face to face assessment of the law as applied to your case, and if need be, active representation of your interests.
Easements Law and Disputes: An easement is essentially the right of a property owner to use the real property of another for a specific purpose. In Florida, an easement is usually expressly granted by deed, but there are many situations where an easement can be secured or potentially removed depending on the circumstances.
Additionally, issues of boundaries, or maintenance and upkeep of easements may cause disputes as to the bearing of costs for those property areas subject to easement. My office can provide an evaluation of easement issues in your situation, the client’s potential legal and court costs, and a pursuit of a favorable legal remedy on your behalf in court.
Disputes with Title Insurers: in the event a Title Insurer denies or fails to pay a valid claim, my office may pursue litigation against them seeking a court order in your favor requiring the insurer to pay what the policy says you are entitled to.