Blog Archives

Is a Short Sale better than a Foreclosure and why? – Part I

Is a Short Sale better than a Foreclosure and why? – Part I

I continue to be amazed at the number of potential clients, with whom I have the privilege of meeting, who tell me their accountant advised them to just let the house go. Others tell me they know somebody, have a good friend, or a coworker who has provided their opinion (gained through naive experience I guess) on this topic. Read the rest of this entry

Do you really know what a “Short Sale” means?

Do you really know what a “Short Sale” means?

The term “Short Sale” has become increasingly too familiar in today’s modern vocabulary due to the down turn we have experienced in the real estate market. Dictionary.com defines Short Sale as a noun: “an act or instance of selling short”. 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

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 (Note), a Mortgage, and a Deed. This week, I will briefly review each of these documents as well as their legal effect. Read the rest of this entry

Your Home in a Ch.7 Bankruptcy…

This week we will be discussing some bankruptcy fundamentals as a prerequisite to the upcoming blogs about Florida exemptions and when not having equity in your home can actually be a “good” thing. Read the rest of this entry