Larry Tolchinsky | April 12, 2012
Florida law does allow individuals to proceed with civil actions without an attorney – in legal jargon, it’s called representing yourself “pro se.” In this economy, finding ways to avoid the expense of attorneys’ fees sounds smart, and there are situations where a Floridian is somewhat savvy to handle their own legal matter. For instance, [...]
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Tags: Bank of America Foreclosures, Broward County Probate, Broward Real Estate, Condominium Lawyer, Deficiency Judgments, Florida Law, Foreclosure Help, Property foreclosure, Quiet Title, South Florida Lawyers, Title Insurance
Larry Tolchinsky | April 5, 2012
In Florida, condominiums are extremely popular – for retirees, downsizing couples, those wanting a vacation home or a second home – condo living in Florida has offered a wonderful life style to many, many people over the years. Over that time, condominium governance became complicated, so much so, that the Florida Legislature had to pass [...]
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Tags: Condo Law, Florida Condominium, Florida Law, Florida Real Estate, South Florida Lawyers
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 [...]
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Tags: Broward Real Estate, Florida Law, Florida Real Estate, Quiet Title, Title Insurance
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 [...]
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Tags: Broward Real Estate, Florida Homestead, Florida Law, Quiet Title, Title Insurance
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. [...]
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Tags: Condo Law, Condominium Lawyer, Florida Condo Law, Florida Condominium, Florida Homestead, Florida Law, Florida Real Estate, Florida Real Estate Foreclosures, Foreclosure Fraud, Quiet Title, Title Insurance, Trusts
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 [...]
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Tags: Condo Law, Condominium Lawyer, Florida Condo Law, Florida Condominium, Florida Law, Florida Real Estate
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 [...]
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Tags: Condo Law, Florida Condominium, Florida Real Estate, Water Damage Condominium
Larry Tolchinsky | March 13, 2012
Yesterday in a Washington, D.C., federal courthouse, the formal settlement documents were filed of record in the State Attorneys General – Big Banks Foreclosure Fraud Settlement Deal, where the five big national banks (Ally Financial, Bank of America, Citgroup, JPMorgan Chase, Wells Fargo) agreed to pay a certain amount of money in exchange for being [...]
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Tags: Bank of America Foreclosures, BofA Foreclosures, Florida Real Estate Foreclosures, Foreclosure Settlement, House foreclosure, Mortgage foreclosure, Property foreclosure, Wrongful Foreclosure
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 [...]
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Tags: Debt Collection, Deficiency Judgments, Florida Real Estate, Florida Real Estate Foreclosures, Foreclosure Help, House foreclosure, Mortgage foreclosure, Property foreclosure, strategic default, Underwater Mortgage, Wrongful Foreclosure
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 [...]
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Tags: Bank of America Foreclosures, BofA Foreclosures, Broward Real Estate, Florida Law, Florida Real Estate Foreclosures, Foreclosure defense attorney, foreclosure defenses, Foreclosure Fraud, Foreclosure Help, Foreclosure Lawsuit, Foreclosure Settlement, House foreclosure, Loan Modification, Property foreclosure, Underwater Mortgage, Wrongful Foreclosure
