Quick Read Summary (TLDR) Federal tax liens on Florida foreclosure properties operate under federal law, meaning they can survive a sale if the lien was recorded prior to the mortgage or if the federal government was not properly joined as a party in the foreclosure lawsuit. This effect foreclosure buyers because, even when a sale…
Quick Read Summary (TLDR) In Florida, winning a foreclosure auction is merely the first step, as borrowers retain a “right of redemption” that allows them to pay off debts and invalidate the sale until the clerk of court files the certificate of sale. Bidders must be aware that federal liens can extend redemption periods well…
Quick Read Summary (TLDR) In Florida, private lenders must adhere to specific statutory procedures to enforce defaulted hard money loans, which involve proving legal standing and complying with mandatory notice and demand provisions. Lenders generally must pursue judicial foreclosure for secured loans, while unsecured notes allow for lawsuits to recover balances, with specific rules governing…
Quick Read Summary (TLDR) Deed fraud in Florida occurs when a fraudulent document, such as a forged deed, is recorded against a property, creating a legal cloud that prevents the owner from selling or refinancing. Property owners can clear this title by filing a quiet title action under Chapter 65 of the Florida Statutes, which…
Quick Read Summary (TLDR) Under Florida law, retroactive short-term rental bans passed by HOAs or condominium boards after July 1, 2021, generally cannot be enforced against existing owners who do not consent to them. However, HOAs have a distinct advantage over condo boards because they can utilize statutory carve-outs to restrict rental terms under six…
Quick Read Summary (TLDR) Under Florida law, commercial landlords must provide a formal three-day notice to tenants who fail to pay rent before they can legally initiate an eviction process. This statutory framework, governed by Chapter 83, allows property owners to recover possession of the premises and pursue legal action for all unpaid balances. Beyond…
Quick Read Summary (TLDR) Florida’s Senate Bill 264 (effective July 1, 2023) significantly restricts purchases by foreign real estate buyers from seven “countries of concern,” including China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. The law imposes a near-total ban on Chinese nationals buying any real estate, while nationals from the other six countries…
Quick Read Summary TLDR When a person dies owning property in Florida but their primary probate is in another state, the non-Florida court has no legal authority to allow heirs to inherit Florida property. This often forces heirs into a separate legal process called “ancillary administration” in a Florida court to properly transfer the title….
Quick Read Summary (TLDR) A neighbor’s fence encroaching on a property line in Florida does not automatically grant them ownership through adverse possession. To successfully claim land without a written title (the typical fence scenario), the neighbor must meet strict requirements, including openly possessing the land for seven consecutive years. Crucially, the person must also…
Quick Read Summary (TLDR) Any co-owner, regardless of ownership percentage, can file a partition action under Florida Statutes Chapter 64 to force either a physical division of the property or, more commonly, a court-ordered sale of inherited property. Florida’s 2020 Uniform Partition of Heirs Property Act added protections requiring a professional appraisal and giving non-selling…
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