Legal Guidance for Complex Real Estate Matters
Our Florida Law Firm Stands Up for Your Rights
With more than 15 years of South Florida residential and commercial real estate experience, Attorney Carlos M. Amor has been at the negotiation helm in many real estate deals and matters in Miami-Dade, Broward, and Palm Beach counties:
- Real Estate Transactional processes/procedures
- Real Estate Litigation
- Tax Deeds
- Drafting Deeds
- Short Sales
- Foreclosure Defense
- Title Disputes/Issues
- Loan Modifications
- Foreclosure Auction Purchases, and more.
For professional and efficient real estate and legal guidance, contact the award-winning real estate law firm of The Law Office of Carlos M. Amor, P.A. at 954-453-7200. Attorney Carlos M. Amor provides free consultations by phone, via video meeting, or in person.
A Real Estate Attorney Protects You – From Contract through Closing
Florida real estate laws and regulations regarding residential and commercial property are complex – especially for anyone who is untrained or inexperienced. There are many moving parts that define real estate, so most would find it beneficial to be represented by a real estate lawyer in Plantation, Florida. Even simple real estate transactions require well-informed decisions to reach the best possible outcome. Among the many moving parts are:
- The various property valuation assessment methods
- Contract validity
- Legal guidance/negotiation
- Mortgage broker lender regulations
- Real Estate Agent/Broker professional standards
- Closing representation
Carlos M. Amor is an experienced real estate lawyer who has extensive knowledge and experience in the Florida real estate marketplace.
Review Purchase and Sales Agreements Before Signing
Most commercial and residential real estate transactions require the buyer or seller to sign a legally binding purchase and sales agreement. These contracts of sale define the terms of the transaction and the obligations of both the buyer and the seller.
Contracts have significant legal consequences if you, as a party to a contract, fail to comply with the terms. This is why a real estate attorney should review/approve the contract’s language, intent, and content before you legally commit to the terms of the agreement by providing your signature. Real estate contracts can be quite extensive, with even pro forma contracts needing dozens of pages to cover many important details.
While contracts are specifically written in a way to make it difficult for a party to walk away for no good reason, most purchase and sale agreements do offer defined scenarios that offer a buyer/seller the opportunity to cancel the contract without penalty:
- A Financial Contingency Clause: Should a buyer fail to qualify for a mortgage, there is usually a clause that permits cancellation.
- An Inspection Contingency Clause: The subject property must pass certain inspections, which may differ and depend on the source of financing. Contracts can be written, if all parties are agreeable, to waive aspects of the inspection contingency – except in the case where the mortgagee (such as HUD) may have non-waivable safety contingencies.
- A Marketable Title Contingency Clause: A defect or cloud on the property’s title indicates someone else may have an ownership interest in the subject property. A clouded title is typically not insurable by a title insurance company – an unavoidable requirement of any mortgage lender that triggers the financial contingency clause.
Note that either party to the contract can define additional contingencies, which is why it is essential to protect your rights by consulting with a team of experienced Plantation real estate lawyers who have the skills to determine the benefits and potential consequences of the contract’s details before you establish a legal obligation by signing. For questions about earnest money disputes, undisclosed defects, marketable title concerns, or other residential transaction disputes and contract representation in Plantation, call The Law Office of Carlos M. Amor, P.A. at 954-453-7200 to schedule a free consultation.
Real Estate Closings
Closings are where all the final action occurs. Carlos M. Amor is a skilled South Florida real estate attorney with the experience to effectively resolve issues that can happen before a scheduled closing. He can also examine closing and funding documents to ensure they are complete and reflect your best interests. Our office represents both buyers and sellers at closings.
Until the closing docs are signed, the transaction is not yet finalized, and ownership has not passed from the seller to the buyer. However, there are very specific conditions that must be met to reach the closing table, which, if they fail to be met, may postpone a closing. These may include:
- Title issues
- Missing or expired documents
- Lender issues, among others.
If you have a Plantation, Florida, real estate lawyer representing you, you have a better chance of avoiding or resolving the issue before a scheduled closing is delayed and your plans become disrupted.
Carlos M. Amor is a Real Estate Attorney Experienced with Short Sales & Foreclosures
Short Sales
A short sale refers to a type of real estate transaction in which the subject property sells for a price that does not even cover the outstanding mortgage balance – so the bank agrees to accept less than what it is owed. While once a rarity in the mortgage business, short sales have become much more commonplace – although they still require legal guidance from a South Florida or Plantation real estate attorney to achieve the best outcome.
Homeowners who are delinquent and possibly facing foreclosure must be properly represented, as they need the bank’s approval prior to the sale. Carlos M. Amor is experienced in negotiating short sales with lenders.
On the flip side, buyers of these specialized transactions must also ensure they are properly represented by an attorney who can see that the transaction proceeds as smoothly as possible.
Foreclosures
Foreclosures are homes being sold to an investor/third party after (or just prior to) a lender takes legal title to a property because the borrower defaulted on outstanding debt or real estate taxes collateralized by the property. When buying, one should never attempt to navigate the purchase of a property in active litigation or even if the property is already owned by the lender and held in the REO portfolio.
While many foreclosed properties are sold at auction with little fanfare, there are times when the previous (now foreclosed upon) owner is reluctant to leave and is still in the subject property. In these instances, it may require legal action to vacate the home, and the potential exists that the result of this eviction is that the house becomes damaged by the evicted individual.
Foreclosure Defense
When the bank starts foreclosure proceedings, it must file a lis pendens, which is a formal notice of a pending legal action. A lis pendens refers to a legal notification that is provided to the owner (and any other person or entity who may have a future interest in the property) that the bank is going to act against the property for non-payment of an outstanding lien. If you are in this situation and want to explore ways to protect your property, Plantation foreclosure defense attorney Carlos M. Amor may review the foreclosure documents, explain the court process, and discuss options based on your individual circumstances. Carlos M. Amor may have the legal tools to help you stay in your home, either by negotiating a deal with the lender or by helping you file for bankruptcy as a means to help reset your financial world.
Even if it seems like you will not be able to save your home because of your financial situation, it is worth speaking to an attorney. Carlos M. Amor is skilled in foreclosure defense and may be able to advise you about programs or other avenues to help keep you in your home, depending on your individual situation. Some homeowners also need help communicating with the lender before a foreclosure reaches a final judgment. Loan modification representation in Plantation and Broward County may involve reviewing proposed payment changes, identifying servicing errors, and helping homeowners understand whether revised mortgage terms fit their situation.
Quiet Title Actions
A title problem does not always stop with a delayed closing. Sometimes an ownership dispute, recording error, unreleased lien, or competing claim creates a cloud on the title that prevents a property from being sold or refinanced. In those situations, a quiet title action asks a Florida court to determine ownership rights and remove invalid claims from the property’s title. Attorney Carlos M. Amor represents property owners in quiet title matters involving residential and commercial real estate throughout Plantation and South Florida. Resolving title issues early may help avoid delays, reduce uncertainty, and make future transactions easier to complete.
Why It Is Beneficial to Hire a Real Estate Attorney with a Broker’s License
Real estate is a business that requires non-emotional, level-headed decision making – from a number of important perspectives. The aspects of real estate that create the largest amount of risk tend to fall into either real estate/mortgage or legal matters. Carlos M. Amor, who is a real estate attorney and a licensed real estate broker, has the expertise to understand how the intricate steps required in the buying/selling process integrate with the legal requirements of Florida real estate law – often expertly avoiding potential legal potholes that less experienced Plantation real estate attorneys may overlook.
By wearing both a real estate lawyer’s and a real estate broker’s hat, he understands how to alleviate some of the nervous jitters and anxiety created by a significant real estate transaction.
A Plantation real estate attorney who holds a Florida real estate broker’s license has the skills to help negotiate the legalities with reference to…
- The various benefits and disadvantages of specific kinds of investment properties
- Purchasing real estate or properties at tax sales and foreclosure auctions
- Managing title issues that may slow/impede a sale/purchase
- Guiding you with purchase money and construction financing options.
As a Florida licensed real estate broker who is also a real estate attorney, South Florida-based real estate attorney Carlos M. Amor can assist you in solving the full spectrum of your real estate needs.
Contact the offices of The Law Office of Carlos M. Amor, P.A. today at 954-453-7200 to schedule a free consultation with Attorney Amor – by phone, via video conferencing, or in person.
Involved in a Real Estate Dispute?
Real estate, like most things in life, has the potential to veer off course unexpectedly. In fact, anyone who has spent any time in the real estate business has a laundry list of ‘you can’t believe what happened’ deals. There are many moving parts, such as:
- Sellers
- Buyers
- Brokers
- Salespeople
- Attorneys
- Appraisers
- Inspectors
- Title Examiners
- Title Insurers
- Loan Officer/Underwriter
And there could be even more. Additionally, there are limitless unexpected events that can occur to delay, postpone, or even cancel a real estate closing/transaction.
An attorney has the tools that are needed should a deal go awry. For example:
- If you are buying and a seller wants to back out of the deal without a legitimate reason, an attorney can file a lawsuit against the party that breached the contract.
- There may be a partition lawsuit should a jointly owned property have one owner who wants to sell while the others don’t.
- A party could sue for his or her good faith money and/or return of down payment or could even sue for specific performance to force the other party to keep up their end of the contract.
If you are involved in a commercial or residential real estate dispute, real estate attorney Carlos M. Amor in Plantation, Florida, will stand up for your rights. Attorney Amor has extensive experience litigating complex real estate disagreements and contract disputes.
Frequently Asked Questions About Plantation Real Estate Law
Yes, a real estate attorney may help when a title issue involves legal rights, ownership disputes, unreleased liens, deed errors, or competing claims. A title company may identify the problem, but an attorney may explain the legal options for resolving it.
Yes, a quiet title action may resolve certain deed problems, ownership disputes, or old claims that create uncertainty in the public record. The court process depends on the type of title defect, the parties involved, and the evidence showing who holds the valid interest.
Yes, many Plantation real estate disputes are handled through Broward County courts because Plantation is located in Broward County. The correct court process depends on the type of case, the property, the claims involved, and whether the matter concerns title, foreclosure, partition, or another real estate issue.
Yes, an attorney may review the contract, deadlines, notices, contingencies, and communications to determine what options remain. The next step often depends on why the deal failed, whether either side breached the agreement, and what the contract says about deposits or remedies.
No, a partition action and a quiet title action solve different property problems. A partition action generally addresses what happens when co-owners disagree about keeping or selling property, while a quiet title action asks a court to resolve defects or competing claims affecting ownership.
Contact a Leading Plantation Real Estate Lawyer Today
Real estate is complex and often represents one of the largest transactions of one’s life. Hiring a seasoned Plantation real estate attorney — Carlos M. Amor — offers you the protection and legal representation you need if buying for the first time, litigating a real estate conflict, or managing a professional portfolio of investment properties.
To schedule a consultation about your commercial or residential real estate matter, contact the law offices of The Law Office of Carlos M. Amor, P.A. at 954-453-7200. Attorney Amor provides free consultations, by phone, via video meeting, or in person.
Client Testimonial
Carlos is a great attorney and very responsive. Unfortunately, In the real estate industry, it is not a matter of will you need an attorney, but when. Basically it is only a matter of time before you find yourself needing the help of one, or as a real estate agent, one of your clients needing one, and Carlos has been an important member of my team, always available, and always providing an honest answer to any of the issues that have arise. – Jessica Maria (Google Review)
ATTORNEY CARLOS M. AMOR
Carlos M. Amor is a skilled and experienced attorney and real estate broker. His legal practice in South Florida focuses on real estate litigation, real estate investments, tax deed and foreclosure auction purchases, traditional real estate transactions, short sales, foreclosure defense, and civil litigation. Carlos thinks “outside the box” and takes a practical approach to finding solutions that benefit his clients. [ ATTORNEY BIO ]
