Category Archives: Real Estate Litigation
Your Commercial Property Is Foreclosed—What Happens to the Rent?
If you own a commercial property that generates rental income, facing foreclosure can not only raise the question of who gets the property. You may also wonder who gets the rent while the foreclosure is pending. In Florida, an assignment of leases and rents can give you, the mortgagee, a separate right to collect… Read More »
Think You Can Appeal That Property Ruling? Florida Law Says Not So Fast
When a Florida property dispute goes against you, the immediate instinct is to appeal the decision immediately. That’s understandable. But Florida appellate law doesn’t allow every trial court ruling to be challenged right away. A recent Florida District Court of Appeal decision involving resort property, restrictive covenants, and easement rights highlights an important point:… Read More »
The Bank Lost the Original Mortgage Note. Can It Still Foreclose?
When a lender says the original mortgage note cannot be found, you may wonder whether foreclosure is still possible. Foreclosure generally requires the lender to establish its legal right to enforce the note and mortgage. So, what happens when the bank cannot produce the note? This article explores the legal implications of a lost… Read More »
Can You Recover Legal Costs in a Florida Real Estate Litigation Case?
Real estate litigation can become expensive quickly. Between attorney fees, court filings, expert reviews, and other expenses, the cost of pursuing or defending a claim can add up significantly. This often leads to one main question: if you win your case, can you recover what you spent? In Florida, the answer depends on several… Read More »
What Makes a Florida Real Estate Contract Unenforceable?
Like many legal and business transactions, real estate transactions are built on contracts. Whether you are buying, selling, or leasing property, the contract outlines each party’s rights, responsibilities, and expectations. Now, simply signing an agreement doesn’t automatically make it legally enforceable. If a contract was created under questionable circumstances or falsified to meet certain… Read More »
When Can a Buyer Force a Seller To Complete a Real Estate Sale?
In real estate transactions, the enforceability of contracts is a critical issue that often leads to disputes between buyers and sellers. When a seller tries to back out of a signed real estate contract, you may wonder whether you can compel the seller to complete the sale. While in some cases monetary damages may… Read More »
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 »
