Real Estate
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Protect Your Money from Wire Fraud Schemes When Buying a Home
The American Land Title Association (“ALTA“) has created a video with four helpful tips on how you can protect your hard-earned money when sending wire transfers when purchasing a home. The video also provides guidance on what to do if you have been targeted by a wire fraud attempt. Below are some helpful tips from…
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Homes Selling in Record Time – “Blink of An Eye” – National Association of Realtors
A recent article on REALTOR Magazine’s website reports that, according to realtor.com®’s latest Monthly Housing Trends Report, homes are selling in record time at an average of 43 days – 20 days fewer than a year ago. The article further reported that in some parts of the country listings are going from “just listed” to…
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Joseph Battaglia Secures Civil Judgment in Favor of Clients Following Two-Day Trial
The County Court in and for Manatee County, Florida has entered judgment in favor of a husband and wife represented by Lakewood Ranch attorney, Joseph Battaglia. The clients were sued by a local roofing company after the husband and wife withheld the final payment based upon defects in the roof’s installation. Prior to the lawsuit…
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AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.
On this Throwback Thursday we will look at an oldie-but-goodie opinion issued by the Florida Supreme Court. Specifically, we will look at the landmark case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1986), a case which forever changed the expectations and duties placed upon sellers of residential property in Florida. Most of you…
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I surrender. Take my house. Actually, on second thought…
The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors’ rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor’s surrender of collateral real property has on the debtor’s ability to defend a foreclosure. A Final Summary…
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2d DCA: Florida Statutes Section 732.507 Inapplicable Following Divorce When the Will was Executed Prior to Marriage
Here’s the Story Here’s the story, of a man named Priever, who, in 2005, executed a will devising real property in Florida to a woman named Gordon. This marked the beginning of a fact pattern which culminated in a 2018 opinion out of the Florida Second District Court of Appeal. Priever and Gordon were unmarried…
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Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale was set to occur,…
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A creditor by any other name: Avant Capital, LLC v. Gomez
“A rose lender by any other a slightly different name would smell as sweet still be able to foreclose.” Shakespeare 4th DCA (more or less) Florida’s 4th District Court of Appeals has held that the omission of the word “corporation” from a corporation’s name as it appears on various mortgage loan documents, did not render…