Blog Archives

Florida Officials Get An “F” In Foreclosure Law

Florida Officials Get An “F” In Foreclosure Law

Florida’s housing market is in shambles. There are over a million properties in the state that lie vacant in decaying neighborhoods afflicted with blight; but that’s not what you will hear from those who benefit from Floridians believing otherwise.

If you were to listen to developers and the local government officials they influence, one might think there aren’t enough houses for available buyers. One might think sales are up to a level not seen since 2006. Of course the dubious circumstances to which the housing market is now defined, is a shell game that makes data easy to manipulate and hard to fully comprehend. Read the rest of this entry

Promissory Note, Mortgage, and Deed

Practicing law in Southwest Florida, especially in this day in age, I find myself routinely explaining the differences between a Promissory Note, Mortgage, and Deed. This week, I will briefly review each of these documents as well as their legal effect.

First, a Deed is the legal document that is used to transfer ownership of real property. In Florida, it must be written, signed, and witnessed by two individuals. Every Deed should be recorded in the public records in the county where the property is located. The recording of the Deed notifies the world that you are the owner of the property. An unrecorded deed is vulnerable to being lost or destroyed, being made invalid, or made subordinate to any future lien that may be placed against the property. Read the rest of this entry

Florida Rises to the Top: In Cases of Mortgage Fraud

Florida Rises to the Top:  In Cases of Mortgage Fraud

With real estate prices steadily rising, the Florida real estate market has started to rebound. However, mortgage servicing experts warn that lenders should be prepared for more cases of mortgage fraud. Read the rest of this entry

90-Day “Notice to Vacate” – PTFA

90-Day “Notice to Vacate” – PTFA

As we have previously discussed, the federal government enacted the Protecting Tenants at Foreclosure Act of 2009 (PTFA), to afford tenants some safeguards from being abruptly evicted once their home was sold after foreclosure.

I recently handled a pro bono case which inspired me to discuss the 90-day notice requirement under the PTFA. Read the rest of this entry

West Palm Beach Woman Rents Out Someone Else’s Foreclosed Home

Last week we spoke about the mansion that was being occupied by a Boca Raton man. Recall that he was claiming rightful ownership of the home through Florida’s adverse possession laws. Last week, there was a report of a woman in Palm Beach County staking her rights under the same adverse possession laws.  Here is the kicker, not only did she possess the home, she rented it out to unsuspecting tenants on Craigslist and pocketed more than $13,000 in the process! Unfortunately, for her, just like the man in Boca Raton, her plan was foiled short of the seven (7) year statutory requirement.  Read the article below for more information. Read the rest of this entry