Real Estate Closings
The process of closing, also known as “settlement” or “escrow,” is the last step in executing a real estate transaction. This process involves several steps: completing the financing and insurance, reviewing all the legal documents related to the property and the sale, verifying the fulfillment of all contract conditions, signing the necessary documents, and transferring the funds. At Ashland Medley Law, Attorney Medley will guide you through every step of this process, ensuring your property transfer goes smoothly.
A title commitment, often called “title insurance commitment,” is a document that outlines what is covered under a potential title insurance policy. This includes the ownership of the property, any defects, liens, or encumbrances on the property, and any conditions that must be met before the title company will issue the title insurance. The title commitment may show you any encumbrances such as judgments or liens that need to be cleared from title in order to close. Having a real estate attorney review the title commitment is important because an attorney can help identify title issues and help you resolve them to ensure your closing goes smoothly.
An “as is” contract in Florida real estate law means the property is being sold in its current condition, and the seller is not obligated to make any repairs or improvements before the sale. In contrast, a standard purchase contract often includes contingencies that require certain conditions or repairs to be met. Understanding the differences in these two contracts are an integral part of the process, and hiring a real estate attorney will ensure your investment is being protected during your home buying process.
If a buyer or seller defaults on a real estate contract in Florida, the non-defaulting party may have several legal remedies, including enforcing the contract, canceling the contract, or seeking damages. The specifics depend on the terms of the contract and the nature of the default. It’s important to note that the “As- is” and “standard” contract will have the specific terms for when a default occurs and what those remedies are when a default occurs. Misinterpreting the contract, or simply not understanding the contract can put you in a position where you can potentially lose a lot of money. Hiring a real estate attorney before you enter into a real estate contract will ensure that you are protecting your investment.
Using an attorney in your real estate closing is crucial because they ensure your legal rights are protected, and you fully understand the implications of the documents you are signing. In Florida, real estate transactions can be complex, involving numerous legal documents and intricate regulations. Hiring a real estate attorney for your real estate transaction is not expensive. Sometimes the title company or real estate agents will tell you it’s not necessary to hire an attorney, but the truth is that you need someone to represent you who doesn’t have skin the game. In other words, the title company wants you to close so that they can get the settlement fee and the share of the title premium which can only happen if the closing occurs. The real estate agents want you to close because they want to get their 6% commission from the deal, which occurs only if the deal closes absent specific circumstances. A real estate attorney gets his or her fee regardless of whether the closing occurs, and the attorney’s role is to ensure that your legal rights are protected and that you fully understand the contract in which you are entering into to buy or sell the property. Purchasing a home will likely be the largest investment in your life. Why risk it without hiring a competent attorney for a minimal fee? Contact Ashland Medley Law, PLLC if you would like us to represent you in your real estate closing. We represent buyers and sellers in real estate transactions, and we also handle real estate transactions in house making it a seamless experience for all parties involved.
Evictions
The eviction process in Florida typically begins with a landlord giving a tenant notice due to a lease violation. If the tenant does not remedy the violation or move out within the given notice period, the landlord may file an eviction lawsuit, or “unlawful detainer” action. This legal process involves serving the tenant with a summons and complaint, attending a court hearing, and, if the court rules in the landlord’s favor, removing the tenant with help from the local sheriff. At Ashland Medley Law, our experienced eviction attorney can help landlords navigate this complex process, ensuring they comply with all Florida eviction laws.
Valid reasons for eviction in Florida include non-payment of rent, violation of the lease or rental agreement (such as having unauthorized pets or causing significant damage), or the tenant staying after the lease has expired. Note that landlords must follow the legal eviction process and cannot force a tenant out through illegal methods like changing locks or turning off utilities. Our team at Ashland Medley Law can advise landlords on their rights and obligations, helping ensure that any eviction is handled lawfully and effectively.
In Florida, the amount of notice needed before an eviction depends on the reason for the eviction. For non-payment of rent, landlords must give a 3-day notice. For curable lease violations, like unauthorized pets, a 7-day notice to cure or vacate is typically given. However, it will depend on the terms and conditions of your lease agreement. If the lease violation is not curable, a 7-day notice to vacate can be given without the possibility to cure. Ashland Medley Law’s eviction attorney is well-versed in Florida’s notice requirements, helping landlords to provide proper and timely notices.
In Florida, a landlord must go through the legal eviction process to remove a tenant, which involves going to court. Self-help evictions, such as changing locks or shutting off utilities, are illegal. At Ashland Medley Law, we guide landlords through the lawful eviction process, helping to avoid costly mistakes and potential legal complications.
Tenants in Florida have numerous rights during an eviction. They have the right to receive proper notice, the right to cure a lease violation within a certain period (if applicable), and the right to a court hearing. Tenants also have the right to defend against an eviction if they believe it is not justified. If you are a tenant facing eviction, consider consulting an attorney that can provide legal advice tailored to your situation.
Mortgage Foreclosures
A mortgage foreclosure is a legal process where a note and mortgage holder files a legal proceeding to foreclose the mortgage and to sell the subject property at a public auction to recover the debt owed on the mortgage obligation when a borrower fails to make mortgage payments. Ashland Medley Law, PLLC specifically represents real estate investors, note holders, lenders, and mortgage servicers in Mortgage Foreclosure actions. Our experienced foreclosure attorney can assess the client’s specific situation, provide personalized advice, and advocate for their rights throughout this challenging process.
In Florida, the foreclosure process involves the note/mortgage holder filing a lawsuit and serving the borrower, and any other necessary parties, with a summons and complaint. The borrower can respond or raise defenses. If the borrower does not respond, a default judgment may be entered. If the case proceeds, the court determines whether to grant the foreclosure. If granted, a sale date is set, and the property is sold at an auction. After the sale, the court confirms it, and the borrower may face eviction if they have not vacated the property. Depending on whether the foreclosure is litigated, the time frame to complete a mortgage foreclosure is between 6-12 months. We strive to meet our clients’ specific time requirements in completing the mortgage foreclosure action, and understand the business aspect of the mortgage foreclosure for our clients. We at Ashland Medley Law will provide you consulting with a qualified foreclosure attorney what is crucial to understanding the specific procedures and timelines involved in the foreclosure process in the State of Florida.
At Ashland Medley Law, PLLC, we focus on resolution before litigation. We discuss loss mitigation options with our clients and relay those options to the borrowers or property owners in the beginning of the case to avoid unnecessary legal fees. Prompt action, staying informed, and seeking professional advice are key. You can trust our expertise as your Florida foreclosure lawyer. We will navigate the process, protect your rights, and explore alternatives to avoid unnecessary legal fees. We understand the benefit to having a performing asset and we work diligently to either come to a resolution with the owner or borrower to obtain a performing asset, or expeditiously complete the foreclosure process so that you are compensated for any loss incurred through the court process as soon as possible.
Appeals
An appeal is a procedure where a decision from a lower court is reviewed by a higher court, with the intent to reverse or modify the original ruling based on errors or other grounds. This process ensures fairness and correction of legal mistakes in the judicial system. At Ashland Medley Law, we provide comprehensive appeal services, from reviewing records to presenting compelling arguments, to guide you through the intricacies of the appellate system and strive for a beneficial result.
In the State of Florida, you can file an appeal after a final judgment or order is issued by the lower court. The deadline to file an appeal is typically 30 days from the date of the final judgment or order. However, it is important to consult with an appellate attorney to determine the specific deadlines and requirements applicable to your case, as there may be exceptions or different time limits depending on the nature of the judgment or order being appealed. Acting promptly and seeking legal advice is crucial to ensure compliance with the relevant filing deadlines and preserves your right to appeal.
The appeals process involves seeking a higher court’s review of a lower court’s decision. The appellate court examines the lower court record, considers written and oral arguments, and determines if legal errors occurred. Its goal is to ensure fairness and reach a just outcome. As your attorney, we will guide you through the process, present compelling arguments, and work towards a successful appeal.
During an appeal, there are several outcomes. The appellate court may affirm the lower court’s decision, meaning it upholds the ruling. Alternatively, it can reverse the decision, concluding that the lower court made a mistake. The court may also remand the case, sending it back to the lower court for further proceedings. Additionally, the appellate court has the authority to modify or clarify the lower court’s decision. As your attorney, we will diligently advocate for your case, striving to achieve a favorable outcome that aligns with your legal objectives.
Appeals typically do not allow for new evidence or witnesses; they rely on the record from the original trial. However, certain exceptions, such as newly discovered evidence, might permit their inclusion. For advice tailored to your case and to explore any potential exceptions, consult an appellate attorney. At Ashland Medley Law, our experienced lawyers will guide you regarding these issues and strive to build the most compelling arguments for your appeal.
Bankruptcy
Bankruptcy in Florida is a legal process that provides individuals or businesses overwhelmed by debt with financial relief. It involves filing a petition, initiating an automatic stay, and can involve asset liquidation or debt repayment. The goal is to offer a fresh start and regain financial stability. As your legal representative, we at Ashland Medley Law will provide guidance throughout the bankruptcy process and strive to achieve the most favorable outcome for your specific circumstances.
In the State of Florida, there are a few types of bankruptcy available to individuals and businesses. The most common types are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 involves the liquidation of assets to repay debts, while Chapter 13 allows for a repayment plan based on disposable income. The specific type of bankruptcy that suits your situation will depend on factors such as your income, assets, and goals for debt relief.
In Florida, the bankruptcy process involves gathering financial information, filing a petition, completing credit counseling, submitting documentation, and attending a meeting of creditors. Depending on the type of bankruptcy, you may develop a repayment plan or prepare for asset liquidation. Working with Ashland Medley law as your Florida bankruptcy attorney is crucial to navigate the process and achieve a favorable outcome.
The impact on your assets in bankruptcy depends on the type of bankruptcy you file and the available exemptions. In some cases, exemptions can protect your assets from being sold to repay creditors. Consulting with a qualified bankruptcy attorney at Ashland Medley Law will help you understand the specific rules and options to protect your assets during the process.
Bankruptcy will negatively impact your credit and make it more difficult to access credit in the short term. However, with responsible financial behavior and time, you can gradually rebuild your credit and regain access to better financial options. Enlisting the assistance of a bankruptcy attorney and financial advisor at Ashland Medley Law can be invaluable in successfully navigating this process.
