• What is an easement, and what do you use it for?

    An easement is a legal term describing a situation in which someone allows another party to use a portion of land that they legally possess. One common example of an easement is when someone drives over their neighbor’s property to access their house on a shared driveway. Many utility companies have easements through property developments […]

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  • What Happens If You Violate Your HOA’s CC&Rs or Don’t Pay Assessments

    If you own property in a neighborhood that has an HOA and you don’t follow the community’s Covenants, Conditions, and Restrictions (CC&Rs) or pay the assessments, you might face a lawsuit or even a foreclosure. People who live in a planned development are usually part of a homeowners’ association (HOA), which is a nonprofit corporation […]

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  • Golf Ball Hazards In Florida: Legal Overview

    As Floridians, some of us are lucky enough to enjoy the spaciousness and beauty of golf course views from our homes. Unfortunately, this serenity is occasionally marred by golfers seeking errant balls or by the balls themselves bouncing off our exterior walls. Is there anything we can do about these annoyances? Golfers or Golf Balls […]

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  • DeSantis Signs Bill that Impacts Some Inherited Property

    If a Floridian dies without a will, one heir can sell their portion of property independently. After July 1, however, a bill passed by the Florida Legislature and signed by Gov. Ron DeSantis (SB 580) essentially gives the other heirs a “right of first refusal” before an outside party is allowed to buy their inherited […]

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  • The Difference Between Financing Contingency and Appraisal Contingency

    If a contract includes both a financing contingency and appraisal contingency, where does one end and the other begin? There’s substantial overlap in the two contingencies, but they have very different rules. When buyers negotiate a contract that includes both a financing contingency and appraisal contingency, they sometimes have trouble understanding where one ends and […]

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  • Florida Foreclosure Procedures: Here’s What to Expect

    If you’re facing a foreclosure in Florida, learn your rights and how the process works. Update: On April 2, 2020, Florida Governor Ron DeSantis signed Executive Order 20-94 suspending all foreclosures and evictions in Florida for 45 days because of the coronavirus (COVID-19) pandemic. Also, the federal government has imposed a foreclosure moratorium for federally backed mortgage loans for 60 days, […]

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  • Game Changer for Remote Real Estate Closings: Remote Online Notarization Morphs into Remote Ink Notarization

    Due to the COVID-19 pandemic, Attorneys Title Insurance Fund and Old Republic Insurance Company along, with other underwriters following suit, decided that they would allow for Florida Remote Online Notaries to notarize both electronic and wet-ink closing documents remotely through a Remote Online Notarization (“RON”) provider. This approval now paves the way for both buyers […]

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  • Forbearance Agreements, Repayment Plans, and Loan Modifications: Helping You Avoid Foreclosure

    Learn how a forbearance agreement, repayment plan, or loan modification could help you avoid a foreclosure. Coronavirus Mortgage Relief Under the Federal CARES Act Under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, if you have a federally backed mortgage loan, you can get a forbearance by simply asking and affirming that you’ve suffered a financial […]

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  • What Happens If You Violate Your HOA’s CC&Rs or Don’t Pay Assessments

    If you own property in a neighborhood that has an HOA and you don’t follow the community’s Covenants, Conditions, and Restrictions (CC&Rs) or pay the assessments, you might face a lawsuit or even a foreclosure. People who live in a planned development are usually part of a homeowners’ association (HOA), which is a nonprofit corporation that […]

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  • Commercial Leases: Will a Force Majeure Clause Get You Out of Paying Rent?

    During this COVID-19 crisis, force majeure clauses in commercial real estate contracts are a hot topic in real estate.  A force majeure clause excuses a party from performing a contractual obligation due to an unforeseen event beyond a party’s  control. While force majeure events  have generally included wars, weather disasters, terrorism, and government action, Florida […]

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