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Florida Foreclosure Statutes of Limitations Explained: Part 1

The term “statutes of limitations” defines the laws that set deadlines for filing a lawsuit. If a lawsuit is brought up against you after the permitted time period, asserting the statute of limitations is an affirmative defense that you can use. As long as the statute has expired, a lawsuit is barre ...

How Do Florida's Intestate Succession Laws Work?

If for some unfortunate reason a person passes without a will, there can be the big question as to who gets what and how the assets are distributed. In the state of Florida, intestate succession laws have been created to help families dish out assets. Many valuable assets that people build on in ...

What are Florida’s Intestate Succession Laws?

When it comes to death, many people overlook the ramifications that theirs could lead to without the proper paperwork filed beforehand. Fortunately in Florida, if you die without filling out a will, your closet relatives will receive your assets under the state’s ‘intestate succession’ laws. Here’s ...

Can a Motion Filed Incorrectly by a Bank or Without Reason be Quashed?

Perhaps your bank has filed a motion incorrectly, or perhaps they have filed one without apparent reason in your eyes. You might be wondering if such a motion can be quashed and, if so, how would you go about doing it. There are many options for treating such a situation based upon the specifics of ...

As an Owner, When a Buyer Fails to Pay the Mortgage, Do You Foreclose or Evict?

If you’re in the unfortunate predicament of failing to receive payments after an owner-to-owner transaction, you may question your options of proceeding. Do you foreclose? Perhaps you should begin by evicting? First, know that eviction refers to the current occupation and ownership of the proper ...

Statute of Limitations: Does It Apply Differently to 2nd Mortgages?

Although it could take a mortgage lender months or even years to initiate a foreclosure after a homeowner has stopped making payments, it’s important that borrowers know what the statute of limitations is and their set time limit. Here’s an overview of the statute of limitations and how it applies t ...

Three Things You Should Know About Selling a Private Mortgage Note

Navigating the sale of a private mortgage note can be complex. Whether you're collaborating with an investor or dealing directly with a potential buyer, understanding the nuances of the process is crucial. You'll need to consider multiple bids to ensure you're getting a fair market value, sure, but ...

Is it Legal to Arrange Short Sale With Your Relative Coming Forth as a Buyer? Any Consequences?

Selling a home can be tough, especially over time when the market and economy changes. Leftover mortgage payments can cause house selling to be a tough task, for no one wants to have existing debts with the bank. For this reason, short sale becomes the best option. A short sale is an agreement with ...

Can Evictions be Expunged?

Updated: 6/2/23 When it comes to renting out homes, every landlord wants to make sure that their potential renter has a clean background check; this can prove that the renter is trustworthy with money handling and treating the property and the landlord’s equipment well. However, some landlo ...

Once Title is Transferred at a Foreclosure Sale, Can the New Title Holder Cut Off the Electricity and Water?

Updated: 6/3/23 Understanding Post-Foreclosure Utility Management When a property changes hands through a foreclosure sale, the new title holder steps into a complex web of responsibilities. One of these is the management of utilities such as electricity and water. In Florida, as in many states, ...

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