Category: Real Estate
Category: Real Estate
Contingency Clauses and EMD: When Can a Florida Buyer Legally Get Their Deposit Back?
- February 2, 2026
- Real Estate
A Florida buyer generally recovers their Earnest Money Deposit (EMD) if they cancel a real estate contract strictly in accordance with a valid contingency and provide proper written notice before the deadline expires. These contingencies, typically related to financing, inspection, title issues, or mandatory disclosures, are the legal exit ramps built into most purchase agreements.[ ... ]
Marketable Title vs. Insurable Title: Why the Difference Matters in Your Florida Closing
- February 2, 2026
- Real Estate
When you buy property in Florida, you are acquiring a legal bundle of rights known as title, which encompasses more than just the physical land and building. But not all titles are created equal. In the world of real estate, the distinction between a marketable title and an insurable title is a point of frequent confusion and significant risk. The difference determines whether you are buying a clean asset or a potential future legal headache. He[ ... ]
Florida Earnest Money Deposit Dispute: Who Gets the Money When a Deal Fails?
- January 28, 2026
- Real Estate
It’s a common scenario: Your real estate deal just collapsed. Now thousands of dollars sit frozen in escrow, and nobody agrees on who gets it back. The seller claims you breached the contract. You believe the seller's failures killed the transaction. Meanwhile, the escrow agent refuses to release a penny without written authorization from both sides or a court order. Florida earnest money deposit disputes trap buyers and sellers in expensive stando[ ... ]
How to Navigate Probate When Real Estate Is the Main Asset
- November 18, 2025
- Real Estate
Navigating probate when real estate is the main asset involves a court-supervised process to transfer the property’s title to the rightful heirs or beneficiaries, and it often presents unique challenges. When a property is part of an estate, specific legal steps are required to manage and eventually distribute it, a process that can become complicated. A real estate attorney can offer crucial guidance on handling these matters, fr[ ... ]
What to Expect in a Partition Lawsuit
- November 17, 2025
- Real Estate
When co-owners of a property cannot agree on how to manage or divide it, disputes can escalate into a partition lawsuit.. This court-ordered process aims to resolve disputes over joint ownership. These situations are often complex and emotionally taxing, but they don’t have to reach the courtroom. However, by address[ ... ]
What Happens When a Loved One Leaves a Home Behind Without an Estate Plan?
- November 3, 2025
- Real Estate
Losing a loved one often raises questions about what happens to their property, especially if a home is left behind. Families sometimes find themselves in a situation where no will or estate plan exists, which often creates uncertainty about ownership, financial responsibilities, and how the property should be used. What happens when a loved one leaves a home behind without an estate plan? The answer involves Florida’s intestacy laws, probate court, and the[ ... ]
Selling Your Florida Home After Foreclosure: Understanding the Process
- February 16, 2025
- Foreclosure Defense Real Estate
Foreclosure is one of the most stressful processes a homeowner can go through. If you’re facing foreclosure, you may be able to take steps to minimize negative consequences. Understanding the foreclosure process in Florida is a good place to start. If you’re considering selling your home after foreclosure or just need help navigating the foreclosure process, you need an experienced real[ ... ]
Can You Sell Your Home in Foreclosure in Florida? Know Your Options!
- February 11, 2025
- Foreclosure Defense Real Estate
If you’re a homeowner struggling to keep up with mortgage payments, selling your home and using the proceeds to buy something smaller and less expensive is often the best course of action. Even if your lender has already initiated foreclosure proceedings, it’s not too late to sell. Selling your home during foreclosure may be more complex than it seems, but it’s not impossible. Here’s a guide to understanding the foreclosure timeline in Florida so you can see[ ... ]
Top 5 Mistakes to Avoid When Selling a Home in Foreclosure
- December 15, 2024
- Foreclosure Defense Real Estate
Facing foreclosure in Florida can be stressful and overwhelming. There are a number of ways to avoid the process, such as by paying off your mortgage or redeeming your debt. However, these options are often not a possibility for those dealing with potential foreclosure. Still, that doesn’t necessarily mean you will need to go through court proceedings. Many lenders are willing to negotiate alternatives like short sales. If you choose to sell your home to prevent th[ ... ]
Should a Lawyer Write Your Foreclosure Disclosure in Florida?
- September 5, 2024
- Foreclosure Defense Real Estate
Facing foreclosure is an emotionally overwhelming experience, and those in this position are tasked with making important choices regarding their properties. For many, selling it is the best option. That said, foreclosure transactions are not particularly straightforward; there are multiple requirements to be met and information that must be dis[ ... ]
