Blog Archives

My, what an “attractive nuisance” you have.

My, what an “attractive nuisance” you have.

Recently, while attending a friend’s graduation, I was asked by their guests as to why all the pools they saw in Florida had pool cages. It reminded of me of the attractive nuisance doctrine and its significance in the pool filled state of Florida. Read the rest of this entry

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

Is Your Three-Day Notice Defective?

Many property owners fall into the mistaken belief that an eviction is a simple matter that can be handled informally by them or their agent. This belief is misplaced.

To evict a Tenant for non-payment of rent, the landlord must follow the strict three-day notice requirements under Florida law, amongst other things. Read the rest of this entry

Joint Property Ownership

Joint Property Ownership

In Florida, there are three distinct types of joint property ownership. Tenancy in Common (TIC), Joint Tenants with Rights of Survivorship (JTWROS), and as discussed in a previous blog, Tenancy by the Entirety (TbyE). 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