Blog Archives

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

FLORIDA CONSTRUCTION LIEN LAW

FLORIDA CONSTRUCTION LIEN LAW

Florida Construction Lien Law is located in Chapter 713 of the Florida Statutes. Under these laws, a lienor has a right to enforce their lien, against real property, if the money they are owed, arose from their provision of labor, services or materials resulting in the improvement of the property. These claims are referred to as “Construction,” or “Mechanic’s Liens.” In Florida, even if the homeowner has paid the contractor in full, the homeowner could still be liable for money owed to third parties. 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

Florida’s Fair Foreclosure Act: It’s only fair until it’s your home

Florida’s Fair Foreclosure Act: It’s only fair until it’s your home

For the third time in the last three years, our elected officials introduced a bill designed to fast-track foreclosures in the state of Florida. With robo-signing and the filing of fraudulent documents still fresh in our minds, I wonder if making things easier for the banks, the ones who created this mess, is the best way to address the real problem. Read the rest of this entry