Category Archives: Real Estate Litigation
Understanding Easements in Miami Real Estate
Owning a property in Miami comes with valuable rights. However, it also comes with legal obligations that many owners don’t fully understand until a dispute arises. One of the most common sources of disputes involves easements. Easement disputes can stem from, for example, a neighbor regularly using part of your driveway, a utility company… Read More »
Florida Lis Pendens & Foreclosure Risk
Buying a distressed property in Florida can look like a shortcut to a good deal. The price is low, the seller is motivated, and the numbers make sense. However, there is a hidden aspect that many buyers miss. The property might already be involved in active litigation through something called a lis pendens. Once… Read More »
Winning in the Trial Court Is Not Enough if Procedural Requirements Are Ignored
Securing a favorable judgment in a trial court is often seen as the ultimate victory. However, as we shall see in a recent real estate litigation case, winning at the trial level isn’t the end of the road. If you were on the receiving end of an unfavorable court decision, all is not lost…. Read More »
Can a Bank Foreclose on Property Tied to a Fraudulent Deed?
Navigating the world of real estate can be challenging, especially when disputes over property ownership arise. When fraud is involved, many property owners wonder if a bank can really foreclose on the property. Allegations of fraud can complicate everything, and as a homeowner, it’s natural that you want to fight to protect your rights… Read More »
Common Causes of Real Estate Contract Disputes in Florida
Real estate transactions don’t always go as planned. Even when both parties start with good intentions, disagreements can arise once contracts are signed and the agreed-upon obligations begin to take effect. Real estate contract disputes often arise from misunderstandings, missed deadlines, and unclear contract terms. Even minor issues can escalate into formal litigation. Understanding… Read More »
How Unauthorized Property Transfers Create Chain-Of-Title Disputes in Florida
In real estate law, ownership isn’t just about who holds the keys; it’s about the documented chain that proves how the title passed from one party to another. Every transfer must be properly authorized, recorded, and supported by clear legal authority. When even one link in that chain is broken, questions can arise about… Read More »
Spent Money on a Real Estate Deal That Didn’t Close? Here’s What Florida Law Allows You To Recover
Real estate deals don’t always make it to the closing table. Sometimes, a buyer may fail to secure financing, a property may be rezoned, or negotiations may fall apart. But what happens when you’ve already spent money trying to make the deal work? Can you recover the money? It’s a frustrating position, especially when… Read More »
What Does a Lis Pendens Mean for Property Sales?
Real estate transactions are not always straightforward. Sometimes, a property may be the subject of a legal dispute before a sale can go through. This is where a lis pendens comes in. The term may sound technical, but its impact can be significant, especially in Florida Real estate transactions. If you are buying, selling,… Read More »
What Happens When One Owner Refuses To Sell a Jointly Owned Property?
Buying property with another person can be a smart move. Sharing ownership can make it easier to afford the property, manage expenses, and maintain it. Some people purchase real estate with a friend or sibling, while others become co-owners through inheritance. However, circumstances change, and one owner may want to sell and move on,… Read More »
Defenses to a Real Estate Partition Petition in Florida
When real estate co-owners cannot agree on what to do with a property, one of the options available is to file a partition lawsuit under Chapter 64 of the Florida Statutes. A partition lawsuit forces the division or sale of the jointly owned property, allowing co-owners to end the shared ownership. Now, what if… Read More »
