Joseph Battaglia
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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Behind Glass Eyes: A.I. Facial Recognition and the Evolved Horror of Eyewitness Error
The recent boom in the use of Artificial Intelligence models such as ChatGPT, Google Bard, and Microsoft Co-Pilot (and a future offering from Apple on the horizon) shows that society is increasingly willing to embrace and rely upon artificial intelligence to do a great number of tasks for us. Certainly, artificial intelligence can and does…
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New Federal Law Requires Disclosure of Beneficial Ownership Information of All Entities, Old and New
As of January 1, 2024, a significant change has impacted American businesses with the implementation of the federal Corporate Transparency Act (CTA). This law requires many businesses to disclose information about their beneficial owners, individuals who ultimately control or own 25% or more of the company’s interest. This is by the filing of a report…
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What’s in a Name? De-Thorning the Ambiguity of “Post-Office Address” in Florida Statutes § 695.26
As Shakespeare’s Juliet wisely declared, “What’s in a name?” Indeed, when it comes to love, a Montague by any other name would still possess the intoxicating allure of a summer rose. But in the realm of Florida real estate law, words in statutes matter. And usage of one word in lieu of another can have…
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Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry
Yes… with a “B” On October 31, 2023, a federal jury in Missouri returned a verdict finding the National Association of Realtors (NAR) and several large brokerages liable for antitrust violations in a class-action lawsuit filed by home sellers. The case is Burnett et al v. The National Association of Realtors et al, U.S. District…
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Breaking Bad: Bankruptcy Filings Rise 13%
According to the Administrative Office of the U.S. Federal Courts, bankruptcy filings, both personal and business, are on the rise. Bankruptcy filings are reported quarterly, with the most recent quarter being the third straight quarter of increased filings. The entire announcement from the Courts is included, below: Total bankruptcy filings rose 13 percent, and business…
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The Silent Thief: Fraudulent Documents Can Steal Your Property
Don’t Let Your Home Be Next Real property fraud is a serious crime that can have devastating consequences for the victim. It can involve the theft of a property, the loss of a home, or financial ruin. A common type of real property fraud is the filing of false documents. In some cases, the fraudster…
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Good Deeds Come Cheap (and sometimes, free)
Don’t Get Tricked into Paying More Than You Should for a Copy of Your Deed If you’re a new homeowner in Florida, you may have received a letter in the mail offering to provide you with a copy of your property deed for a fee of $100.00 or more. If you have received such a…
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What is an Estoppel Certificate?
An estoppel certificate is a document that provides statutorily-mandated information about a property owner’s account with their homeowners association (HOA). Estoppel certificates are governed by Florida Statutes Section 720.30851. One definition of the word “estoppel” means to preclude a person from asserting something contrary to what is implied by a previous action or statement of…
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Lakewood Ranch Attorney Joseph Battaglia Certified by the Florida Bar as a Specialist in the Area of Real Estate Law
Battaglia Law, PLLC is proud to announce that, on August 1, 2023, attorney Joseph B. Battaglia became Board Certified by the Florida Bar in Real Estate Law Licensed in 2008, Mr. Battaglia practiced for a number of years exclusively in the areas of bankruptcy and debtor-creditor litigation. However, in 2016 he decided to refresh his…