Larry Tolchinsky | April 3, 2012
In Florida, a quiet title action is filed pursuant to specific Florida Legislation found in Chapter 65 of the Florida Statutes, “Quieting Title.” (You can read through the entire chapter online here.) In Chapter 65, Florida law defines three things that you can obtain in a successful quiet title action. If you can prove the [...]
Larry Tolchinsky | March 29, 2012
As the Florida real estate market stumbles along, we are predicting that land title issues are going to be causing more and more problems for Florida home owners, those wanting to sell Florida property, as well as those who want to buy a Florida home, condo, or tract of land. Why? The ForeclosureFraud mess has [...]
Larry Tolchinsky | March 27, 2012
Last week, the Sun Sentinel published an article that pointed out how one title insurance underwriter was advising its members, i.e., Florida title insurances agents, regarding “mortgage terminator” judgments and the problems associated with those lawsuits. Seems the title insurance agents are being warned against issuing title insurance policies now because of longstanding legal precedent. [...]
Larry Tolchinsky | March 22, 2012
Here’s another example of how the Florida real estate market is just a Wild West; a chaotic mess that will take years to clean up. Wildcatters are taking advantage of Florida homeowner association (HOA) foreclosures by going after those homes in HOAs that haven’t paid their maintenance fees and are being foreclosed upon by the [...]
Larry Tolchinsky | March 20, 2012
When a loved one first passes away, the last thing on anyone’s mind is Florida probate law. There’s the fierce emotion of grief and loss, and the practicalities of letting everyone know and coordinating travel schedules for family and friends, while dealing with all the sadness that surrounds the finality of death. For many Floridians, [...]
Larry Tolchinsky | March 15, 2012
The Florida Legislature has passed SB 1196 and it’s setting on the Governor’s desk, awaiting his decision on whether to veto the darn thing or sign it into effective Florida law. Here is the full text of the law: Section 553.835, Florida Statutes Implied warranties.— (1) The Legislature finds that the courts have reached different [...]
Larry Tolchinsky | March 14, 2012
For those that move to Florida from other parts of the country or from other parts of the world, one bit of culture shock may be the reality that homeowners associations are commonplace in our state. You may know them by another name: neighborhood association, community association, condo association, etc. — but they are all [...]
Larry Tolchinsky | March 8, 2012
It’s very stressful to be a Florida home owner dealing with an underwater mortgage or defaulting on a home loan. Your credit rating is getting zapped, there are all the collection practices by the mortgage lender to juggle, and then there’s the legal process itself – strategizing with your lawyer on your home and mortgage [...]
Larry Tolchinsky | March 6, 2012
Here in Florida, we have a snowball that just keeps rolling along, getting bigger and bigger: the national spotlight is finally noticing a big problem that Florida real estate attorneys representing Florida home owners in things like foreclosure defense and short sale counseling have known for a long time: it’s not just bad real estate [...]
Larry Tolchinsky | March 1, 2012
The reality that Florida real estate is in a Wild West situation is known by most professionals in the real estate industry — but it just keeps getting more wild it seems. Now, there is a growing problem with illegal home conversions – which potential buyers may know as “nonconforming conversions. ” Surf through sites [...]
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