As far as real estate transactions go, quitclaim deeds play a pivotal role, especially when it comes to the swift transfer of ownership interests in land or real property. However, a common query arises regarding the validity of these deeds, particularly in the context of their recordation in the state of Florida. Let’s dive deeper into this topic.
Understanding Quitclaim Deeds
A quitclaim deed facilitates the rapid transfer of ownership interests in real property. Unlike traditional deeds, quitclaim deeds do not involve monetary exchanges and offer no guarantee that the grantor (seller) possesses the property outright or holds the legal right to transfer ownership. This lack of assurance means that the grantee (buyer) receives minimal legal protection. As a result, quitclaim deeds are primarily used for uncomplicated, low-risk transactions, such as transferring property into trusts, inter-family ownership transfers, or gifting property.
Recordation and Validity in Florida
While the act of recording a quitclaim deed makes the transfer official in public records, Florida law does not mandate such recordation for the deed’s validity. However, the state does emphasize the importance of recording the transfer of ownership interest in public records to maintain an accurate chain of title. Failing to do so could jeopardize your rights and interests in the property.
The Importance of Recording a Quitclaim Deed
Even if your quitclaim deed is legally valid upon execution and notarization, it’s in the grantee’s best interest to file the deed with the appropriate county recording office promptly. Recording the deed serves as a public declaration of the new ownership, safeguarding the owner’s interests against potential fraud or disputes. Moreover, it provides a clear record for future transactions and can prevent potential legal complications down the line.
Seeking Expertise
Given the nuances and potential pitfalls associated with quitclaim deeds, it’s advisable to consult with an experienced real estate attorney. Such professionals can guide you through the intricacies of the process, ensuring that your interests remain protected.
Conclusion
While quitclaim deeds offer a streamlined way to transfer property ownership in Florida, understanding the importance of recording and the associated legalities is crucial. Always ensure you’re well-informed and seek expert advice when navigating such transactions.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
Rent control is a topic of interest for many tenants and landlords alike. It refers to laws and regulations that dictate how much a landlord can increase the rent charged to tenants. While cities like New York are renowned for their rent control systems, the situation in Florida is different. Let’s delve into the specifics of rent control in Florida and its implications.
The Essence of Rent Control
Rent control laws aim to protect tenants from exorbitant rent hikes, especially in competitive real estate markets. These laws often cap the percentage by which rent can be increased annually, ensuring housing remains affordable for residents. However, Florida’s stance on this is distinct.
Florida’s Rent Control Status
Florida, including its cities, does not have rent control ordinances. This means that landlords have the freedom to set rental prices based on market demand. The only limiting factor is the availability of tenants willing to pay the set amount. Naturally, rents tend to be higher in sought-after areas close to amenities like schools, shopping centers, and entertainment hubs.
Recent Rent Trends in Florida
The absence of rent control has influenced rental prices in Florida cities. For instance, Tampa, a major Floridian city, has witnessed significant rent fluctuations. As of 2023, the average rent in Tampa is approximately $1,602, marking a steady increase from $1,248 in October 2018. Such trends are not exclusive to Tampa; cities like Boca Raton have also seen rapid rent hikes, with some areas experiencing a 13% increase from 2016 to 2017, reaching an average rent of $2,197 per month.
Negotiating Rent Increases
If your landlord intends to raise the rent after your lease term, it’s worth negotiating. Highlighting factors like timely rent payments or property maintenance might influence their decision. Engaging in a candid conversation can lead to a mutually beneficial agreement.
Landlord Obligations
While landlords in Florida have the freedom to set rental prices, they are also bound by specific obligations to ensure the well-being and rights of their tenants. These obligations encompass a range of responsibilities, including:
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- Maintaining Habitability: Landlords are required to ensure that the rental property is safe and habitable. This includes addressing issues related to plumbing, heating, and structural safety. Any reported problems should be promptly fixed to ensure the tenant’s safety and comfort.
- Security Deposits: Landlords must handle security deposits with care. This means providing a receipt upon collection, storing the deposit in a separate bank account, and returning it to the tenant upon lease termination, minus any deductions for repairs or unpaid rent. Any deductions should be itemized and communicated to the tenant.
- Notice for Rent Increases: While Florida doesn’t have rent control, landlords must provide adequate notice before increasing rent, typically at least 30 days for month-to-month leases. This ensures tenants have ample time to decide whether to continue the lease or seek alternative housing.
- Respecting Tenant Privacy: Landlords cannot enter a rented property without giving proper notice, usually 12 to 24 hours, unless there’s an emergency. This respects the tenant’s right to privacy and quiet enjoyment of the property.
- Non-discrimination: Landlords cannot discriminate against potential tenants based on race, color, religion, sex, familial status, or national origin. Fair housing laws ensure that all tenants have equal access to housing opportunities.
It’s essential for both landlords and tenants to be aware of these obligations. While landlords must ensure they adhere to them, tenants should know their rights to ensure they are treated fairly and legally in all rental situations.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
Wondering what your options are when your lease has expired and the house in foreclosure? In the state of Florida, in certain circumstances your landlord can evict you, but there are many ways to stay on good terms and avoid eviction.
When dealing with tenant issues, keep in mind the Protecting Tenants at Foreclosure Act that Congress passed back in May 2009. Covering tenants with a valid, active lease agreement, the act declares your landlord must honor the full length of your lease agreement throughout the foreclosure proceedings. If a new homeowner purchases the land, they must assume the landlord role. If they choose to use the property, your lease has expired or you are on a month-to-month lease, you are allowed at least 90 days from the date the new homeowner claims ownership of the property before you must leave.
If your landlord is being foreclosed upon, keep paying your rent regardless of the foreclosure. Even if you feel that your landlord is no longer entitled to your money, as long as you remain living in the space you need to continue to pay rent on time. If you fail to continue paying rent, you risk losing the protection under the Protecting Tenants at Foreclosure Act and you can be evicted for nonpayment.
If your lease has expired the landlord may begin the eviction process but he must give you at least 30 days notice, which must end at the end of the rental period. Although they can evict you, the eviction process is expensive.
As your lease expiration date is approaching, talk to you landlord about working out a month-to-month tenancy while you search for another place and get your affairs in order. Even in foreclosure, landlords are allowed to continue to rent, so there is no legal reason for them to evict their tenants.
During this process remember your rights, continue paying rent, start searching for a new place and if you do receive an eviction notice, be sure to adhere to it in a timely manner.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
With the housing market still recovering from the economic stint, many people are thinking twice before they sign mortgage papers and starting to lean towards a rental agreement. But since many of these renters aren’t your typical kid out of college, they might be taking a second look at the quality of the lease agreement for a single family home.
In 2009, the Protecting Tenants at Foreclosure Act was implemented to protect residential tenants from being promptly evicted following foreclosures. This law generally applies to all residential leases. Seeing as how it’s still few and far between to drive down the road without seeing foreclosure signs, this act ensures that all tenants receive a 90-day notice before the eviction.
For the lease to be legit, the tenant cannot be the mortgagor or the parent, spouse, or child of the mortgagor. Additionally, the lease must be the result of a secondary party, and rent must be in the neighborhood of fair market value for the property, except if rent is reduced due to a subsidy (federal, state or local.) An invalid agreement gives the owner the opportunity to waive the 90-day notice; otherwise the terms of the lease will be honored.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Navigating the ins and outs of real estate foreclosure isn’t always simple. Purchasing a home at auction can seem like a lucrative and astute method of acquiring property, but what many prospective bidders do not realize when entering a foreclosure auction is that when they purchase a property, they are liable for any and all outstanding liens against that property. It pays to know exactly what you’re getting into before biting off more than you could chew.
Florida Statute §718.116 expressly states that “A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title.”
This means that both the previous owner and the new deed holder are jointly and separately responsible for the HOA assessment lien on the property. The good news is that there is a statutory cap on the amount the HOA can collect from the new purchaser (up to 12 months’ worth of assessments or 1% of the original mortgage debt); however, full liability remains with the previous owner and the Association is within their rights to seek out full restitution.
If you are considering buying property at auction in the state of Florida, perform a title search of the particular real estate you’re looking to own prior to bidding in order to determine what kind, if any, liens are held against the property as you will be responsible for all of them, not just the HOA. Taking this extra step will eliminate ugly surprises and leave your feel-good memory of having the winning bid unblemished.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
At the peak of the housing bubble, real estate scammers were crawling out of their proverbial fleapits in troves, running get-rich-quick house flipping scams or posing as mortgage brokers issuing predatory loans to susceptible borrowers. When the bubble burst, it seemed real estate scammers were at an end, but soon the same charlatans were back at it, capitalizing on the misfortune of millions of desperate homeowners hoping to save their homes from foreclosure. Today, real estate scammers have only become more astute and sophisticated, using elaborate cons to fool impressionable renters and vulnerable homeowners out of their hard earned cash.
Since the market crash, federal and state governments have taken numerous measures to prevent real estate scams. Nevertheless, crooks continue to thrive at the expense of unsuspecting consumers. Taking the following precautions can help you safely navigate the often complicated world of real estate whether you are renting, looking to invest or you are a homeowner facing a tough economic downturn.
Renters should be suspicious of any listings that are not immediately available for viewing or require money up front, have excessive application fees or ask that payments be made to a third party.
Homeowners struggling with their mortgage should proceed with extreme caution when entering any loan counseling or modification program. If the counseling agency is collecting exorbitant fees up front in exchange for modifying your mortgage loan, is not listed by the US Department of HUD (Housing and Urban Development), or persistently promises you will retain your home, this is most likely a scam. Investors should research prospects thoroughly, cross-check listings and verify brokers before making any monetary commitments.
Finally, follow your instincts; deals that seem too good to be true probably are. Never sign anything you haven’t read thoroughly and ask questions if and when you do not fully understand any particular thing. As a consumer, being proactive is your single best defense against con artists; following these simple safety precautions can help you avoid being taken for a ride and ultimately save you thousands of dollars.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
In 2010, the Florida legislature passed Statute §720.3085(8) enumerating powers for Florida Homeowner Associations (HOA) to bypass property owners in order to collect delinquent assessments fees directly from their tenants. The statute is designed to hold homeowners accountable for past due fees by disallowing them to collect rent from tenants residing within the community.
How it works
If you are a homeowner with a delinquent HOA account your best bet is to pay the past due fees as soon as you are able. Per Florida law, an HOA is not only able to garnish rent from your tenant in order to collect their fees, but they could file a lien on the property—against both you and your tenant, and even foreclose on it.
First, the HOA will provide your tenant with written notification of your delinquency and demand payment as an ongoing obligation, noting that should the tenant refuse to comply with their demands, they could face eviction from the property. Most tenants do not wish to be ejected from their homes and will work in good faith with the HOA to remain in the property, which in turn makes them immune from any claim you, as the landlord would bring upon them. If the Association is unable to collect the fees, they can then seek damages against you, which could ruin your credit, and result in the loss of your property.
If, for example, you are already in foreclosure proceedings with your mortgage lender, something like this could make an already difficult circumstance even more excruciating. Stephen K. Hachey, a Florida real estate attorney, that can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
With the recent housing crisis, more people started asking whether buying or renting a home is the better option. While the housing market is on the rise, buying still might not be your best option. Or maybe it is. Before you decide on whether to buy or rent your home, take these pros and cons into consideration.
When you buy your home, you become your own landlord. Not only will you be allowed to do whatever you choose with the property (taking homeowner association laws into consideration), purchasing your home allows you the stability of knowing that you won’t have to move unexpectedly should a problem arise with the property or the lease runs out.
On the other hand, things happen. Maybe you aren’t settled into your career, you’re still looking for a life partner, or you are hoping for a promotion that might send you elsewhere. Having a lease allows you the freedom to move about as you wish. It also prevents you from having additional costly expenses.
Many people believe that paying off their mortgage is the equivalent of paying rent, except they receive an asset in exchange. While this is true, there are several costs involved in owning a home including closing costs, regular maintenance, lawn care, home repair, bills, insurance, and home improvements and upgrades. When you rent a home and your refrigerator stops working or you have a leak, your landlord is responsible for purchasing and replacing the appliance or paying for the plumber to come and make the proper repairs.
Depending on your situation, it may be easy to decide the best option. But if you still aren’t sure and you are financially concerned, it is recommended to calculate the Price to Rent ratio (P/R ratio) by finding two similar houses, condos, or apartments (one for rent and one for sale) and dividing the sale price by the annual rent. As the P/R ratio climbs, it becomes more reasonable to rent, especially if the ratio reaches or exceeds 20.
Still not sure? Head to the New York Times ‘Is it Better to Buy or Rent’ calculator and plug in the numbers.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Anybody who attempted to apply for a loan prior to 2010 knows how vague and difficult it used to be to apply for a loan. With hidden fees and surprise increases that could come months later, it was difficult to make comparisons between different mortgages. But as of January 1st, 2010, this ability to make comparisons became easier thanks to the Good Faith Estimate.
The Department of Housing and Urban Development now requires all lenders and brokers to supply applicants with a standardized form within three business days of the lender or broker receiving the application. What does this do? Not only does it hold the lenders and brokers more accountable for the loan offers and costs, but it aids the borrower in understanding what they are really getting in to.
With the reduction of vague wording, borrowers are now able to clearly read the main features of the loan including the amount, term, initial interest rate and total monthly payment. All of the questions that borrowers of yesteryear use to wonder are now in simple terms. Are you worried that your interest rate or your loan balance may rise even if you are making payments on time? Is it possible for your monthly payment to rise? Borrowers today no longer have to worry with the Good Faith Estimate because all of these questions are answered on the first page.
And it gets better. You no longer receive an itemized list of charges that may have confused you before. Now you get one sum of the fees and you are now able to see which charges are coming from the lender and which are coming from third parties. Are you using a mortgage broker and concerned about how much he is getting paid? You no longer have to worry about this since the form also lays that out in black and white for you as well.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
As the price of real estate companies continues to rise, more homeowners are opting for sale by owner rather than hiring a professional. While this isn’t extremely difficult, there are several items to take into consideration after you have chosen this option. Here are some tips and tricks to help you along the way.
One of the most important aspects of selling your own home aside from actually selling it, is making sure it is done legally. Since you don’t have an agent to insure it is all done properly, you want to make sure you hire a licensed inspector as well as a licensed real estate appraiser. You also need to make sure you get the title transferred properly. Each state or city might have it’s own set of laws regarding the transfer of property. These include legal documentation in the real estate records.
Review and hire a proper real estate lawyer for this and ensure they read over the contract for sale and closing documents. This may be an added expense but it will be cheaper in the long run than finding out months or years later that the house was not legally sold.
So how do you actually go about selling the house? First set a price for your home. You must be willing to part with your emotions here or else you may never be able to sell your home. Research the market in your area and the pros and cons of your house before setting a price that is reasonable for your area.
Next, make yourself available. You can’t sell your house if you don’t have anytime to show it. If you don’t have time to market and sale the house, you are better off hiring an agent. If you do, showing the house is more than just opening the door to a prospective buyer. You must prepare your house for the showing by doing any necessary repairs, cleaning up your landscape, and cleaning the house up of any clutter. There is nothing worse than going into somebody’s house and seeing their junk everywhere. You want the prospective buyers to be able to picture their own furniture and belongings inside the house.
As far as getting anybody to come in to look at the home, you must market it. While you won’t have as wide of a reach as a real estate agent, you can market your house by listing it on sites like Craigslist as well as sticking a sign in the front yard.
In terms of the legal ramifications of a For Sale by Owner, Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process. Contact him at 813-549-0096.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
