December 30, 2020

Transactional Real Estate

A Real Estate transaction is the process whereby rights in a unit of property (or designated real estate) is transferred between two or more parties. Transactional Real Estate consists of arms-length sales and/or conveyances of residential or commercial real property, non-arms-length transactions between family members or friends, short sales, transfers of fractional interests, such as time-shares, among many other types of transactions. Our firm can competently assist you with your transactional real estate needs. Real Estate transactions can often become complicated, as issues may arise from a financing, contractual and/or marketability of title perspective. In these situations, the advice of an experienced real estate attorney can certainly provide the necessary comfort and guidance to successfully close a transaction, or, on occasion, terminate a transaction due to potential risks and pitfalls.

Our firm issues title insurance, underwritten by Old Republic National Title Insurance Company(link is external) and offers a wide array of services in connection with real estate transactions and closings (both residential and commercial) for sales, refinances and other mortgage loans. In addition, our firm has successfully handled a significant number of short sale closings where a deficiency waiver was negotiated and/or secured for the seller.

In addition to the referenced matters above, we routinely draft and review simple and comprehensive leases, real estate contracts, easements, mortgages, promissory notes, deeds and other real estate related documents for commercial and residential real estate matters and transactions.

Litigation Real Estate

Our firm focuses and devotes a significant portion of its practice to real estate litigation matters. We can competently assist you with your eviction matter (representing both landlords and tenants), partition action, contract dispute, foreclosure defense action, Homeowner’s Association defense action, Quiet Title Action, and other real estate litigation matter.

If your tenant or landlord is not complying with your lease agreement, it can be frustrating. Furthermore, the noncompliance can potentially expose one to the risk of suit and financial loss. Our firm can assist you with seeking compliance and/or enforcement of a lease, whether such compliance and/or enforcement concerns seeking rent payments, possession of the property, or the satisfactory completion of required repairs, maintenance matters or safety concerns.

It is indisputable that the downturn in the economy had a direct impact on the ability for many homeowners and other owners of investment property to pay their mortgage timely. Property values dropped significantly, causing tens of thousands of property owners to experience a vanishing of their equity. There are many options for a person faced with this situation, such as a possible short sale, loan modification, reinstatement, deed in lieu , forbearance agreement, consent to judgment with waiver of deficiency, or other workout option. You should discuss these options with a seasoned attorney to understand fully your options and choose one that fits your needs and desires. Our firm regularly employs each of these options to assist our clients with their mortgage default concerns and issues. Our attorneys and staff are well versed in the area of foreclosure defense and these options. We strive to stay on top of developing trends and current cases decided by our Florida District Courts of Appeals and Supreme Court to properly defend and advise our clients.

When faced with a seemingly daunting legal issue or matter concerning real estate that will, or may, inevitably result in litigation, our firm can offer guidance, capable advice and legal representation though these troubling times.

Family Law Litigation

Our firm handles most family law matters, including divorce cases (contested and uncontested), paternity cases, child support actions, and post-judgment modification and post-judgment enforcement cases. One of the most stressful times in a person’s life can be a pending divorce matter. It is an understatement to say that one’s life is "turned upside down."

Our firm can competently provide legal representation to you with respect to your family law matter. In a divorce matter, one’s financial stability and well-being is at stake. It is important to hire an attorney who understands the significant legal, financial and emotional challenges that one faces in a divorce, especially in a long-term marriage with delicate alimony and property distribution issues. Florida Law generally gives rights to spouses in property, including retirement benefits, accrued during a marriage. It is important to understand these rights so that you do not waive them.

Our attorneys and staff are well versed in the area of divorce law and other family law matters. We strive to stay on top of developing trends and current cases decided by our Florida District Courts of Appeals and Supreme Court to capably represent, support, and advise our clients. There are time constraints concerning pleading matters and discovery matters that must be adhered to or a family law litigant risks waiving significant rights and potential claims.

Our firm understands the costs, monetary and emotional, of divorce. In many cases, divorce matters do not need to be expensive, protracted and stressful. You can consult with our attorneys to consider all options to resolve your divorce as expeditiously and economically as possible. Some divorces can be accomplished in a little as approximately forty-five (45) days. We look forward to assisting you through your simple or complex divorce or family law matter.

Probate Administration

With over seventeen years of experience, Our firm can assist you with your probate administration matter. It is certainly stressful and taxing when a close family member or spouse dies. Property, real or personal, that does not pass by operation of law (such as real property or bank accounts held as joint tenants with rights of survivorship) will likely need to be transferred though a formal or summary probate proceeding. In Florida, it is mandatory in most probate matters to hire an attorney to guide and represent your interests with regards to the necessary probate administration. Our firm offers legal representation to personal representatives and/or heirs in various probate administration matters.

Our firm regularly provides legal representation in Formal Administrations, Summary Administrations, and Ancillary Administrations. There are certain rights that Florida residents may have with respect to homestead property and certain deemed exempt property that should be properly preserved and perfected. In addition, Florida law limits the time for creditors to file claims against an estate. If faced with the need to open a probate estate administration, you should consult with an experienced attorney to determine your rights, obligations and duties surrounding a probate administration.

Estate Planning

Many people do not adequately prepare for inevitable events, such as death, illness and/or incapacity. Proper estate planning may alleviate the need for expensive and protracted guardianships and probate estate administrations. The old adage "an ounce of prevention is like a pound of cure" can certainly apply to one who does not sufficiently prepare for such situations.

We regularly provide basic estate planning services, such as preparation of Wills, Durable Powers of Attorney, Living Wills, Designation of Health Care Surrogate documents, and Pre-Need Guardianship documents. We welcome the opportunity to sit and consult with you regarding your basic estate planning needs and offer advice in this area.

The estate planning our firm offers does not involve tax advice in the area of federal estate taxes. If you have a large estate which would be possibly subject to federal estate taxes, you should consult with a professional who can advise on such matters.