Category: Real Estate Law

Landlord and Tenant Problems | Port Richey Real Estate Attorney’s

Posted by Kris on

The Florida Third District Court of Appeals in Sunshine Gasoline Distributors, Inc. v. Biscayne Enterprises, Inc. issued an Opinion filed on March 26, 2014 ruling that a Trial Court was correct in entering a judgment for a lessor because the lease and the modification of the lease contained unambiguous conditions regarding the lessees’ right to renew upon the written approval of the lessor.

Too often the attorneys at Booth & Cook visit with clients that have entered into commercial leases without having them reviewed by legal counsel, only to subsequently discover that the form they used was deficient in one matter or the other. In the event a landlord is required to enforce a commercial lease in a court of law, the landlord is usually well served when their lease was negotiated and prepared with the benefit of legal counsel. At Booth & Cook our attorneys have the necessary experience in real state transactions and litigation to help navigate a commercial landlord through the process of setting up a commercial lease that properly watches the back of the landlord.

Author: Damien D’Ascenzio
Damien

*This article should not be construed as legal advice; no article or posting can replace the value of speaking with an attorney. The purpose of this article is to provide the general public with general information and should not be applied to any individual matter. If you are facing issues related to this matter, call the attorneys at Booth & Cook.

BANK TAKES WRONG PROPERTY? | Foreclosure Law

Posted by Kris on

Booth & Cook just recently resolved an issue where a homeowner learned that The Federal National Mortgage Association took title to her property……however, it was a mistake.  Toward the latter part of 2013, our client was curious as to why she had not yet received her Property Tax Notice, when she contacted the Pasco County Property Appraiser’s Office; she was informed that the Property Tax Notice was delivered to the new owner, Federal National Mortgage Association.

This prompted her to contact our lawyers.

We soon discovered that the Federal National Mortgage Association had filed and concluded a mortgage foreclosure on the property next to hers; however, they used an old legal description in the foreclosure action that included her property. The attorneys at Booth & Cook went to work quickly and were able to re-open the old foreclosure case and present the necessary documents and arguments to the Circuit Court Judge, which found in our client’s favor and awarded her the property back. Due to the lawyers at Booth & Cook having a command on real estate law and litigation procedures, we were able to put the property back in the hands of the rightful owner.

Booth & Cook has attorneys that focus their practice in foreclosure law, real estate law, and land use and zoning law.

Author:  Attorney Damien D’Ascenzio

Damien
Attorney Damien D’Ascenzio

 

 

 

 

 

*This article should not be construed as legal advice; no article or posting can replace the value of speaking with an attorney. The purpose of this article is to provide the general public with general information and should not be applied to any individual matter. If you are facing issues related to this matter, call the attorneys at Booth & Cook.

Residential Evictions | Port Richey Real Estate Attorney

Posted by Kris on

Port Richey Real Estate Attorney Talks Residential Evictions

Florida statutes Chapter 83 Part II governs residential evictions. The first step of an eviction is where the landlord is required to serve a 3 day notice and post the notice at the property.

After 3 days, which does not include weekends or holidays, a landlord may proceed with an eviction action to regain possession. If the landlord also wants a money judgment in addition to possession, a landlord is required to have an additional count in their complaint for money damages. Once a complaint has been filed against the tenant, the tenant has 5 days to either 1. Place the rent money disputed in the complaint into the court registry; or 2. If there is a dispute over how much is owed, file a Motion to Determine Rent.

A Motion to Determine Rent is generally for the situation in which the tenant thinks they are supposed to pay y, but the landlord thinks the tenant is supposed to pay x; and therefore there is uncertainty as to the amount of monthly rent due. In the event the tenant does not either file a Motion to Determine Rent OR place the money in the court registry within 5 days, the tenant WAIVES ALL DEFENSES. Therefore, if there is a dispute that the landlord was required to fix something on the property but didn’t and therefore the tenant withheld rent, that is a defense that is absolutely waived unless the full amount alleged, or Blackjack on ainut kasinopeli , jossa on muuttuvat todennakoisyydet, jotka riippuvat korttipakan sisallosta. as determined by the Court, is placed in the court registry.

Author:  Kris Hudson – Attorney with Booth & Cook, P.A

Attorney Kris Hudson

Note: The information contained herein is for informational purposes only as a service to the public, and does not constitute legal advice or act as a substitute for legal counsel. If you have any questions or have a situation pertaining to this area of law, consult with an attorney as every case is different. The information contained herein should not be relied on as a substitute for counsel and may or may not reflect the most current legal developments and is therefore not promised or guaranteed to be correct or complete.

Topic:  Residential Evictions – Port Richey Real Estate Attorney

Florida Foreclosures | Port Richey Real Estate Attorney

Posted by Kris on

Port Richey Real Estate Attorney Talks Florida Foreclosures

As Florida was the leader in foreclosures in 2012, according to Forbes article found at: http://www.forbes.com/sites/morganbrennan/2013/01/17/worst-of-foreclosure-crisis-is-over-but-problems-remain/ , it is not a surprise that foreclosures have been one of our leading areas of practice.

One major change in the judicial system in the 6th Circuit (Pasco and Pinellas Counties) is the requirement to now “opt in” to mediation. The old rule was that every foreclosure case dealing with homestead property was required to go through mediation UNLESS the homeowner either did not respond to Mediation Managers, Inc. or “opted out” of mediation on their own.

Now, the rule has changed. As of any foreclosure filed subsequent to July 1, 2013, homeowners are now required to “opt in” to mediation. Homeowners will need to file paperwork with the court requesting to participate in mediation. Best advice is to READ, READ, READ the paperwork that you are served with regarding the lawsuit and consult with an attorney over your options.

There are important deadlines that are at hand and if you do not respond, you could waive certain rights such as the ability to participate in mediation with your lender.

Author:  Kris Hudson – Booth & Cook, P.A

Topic:  Florid Foreclosures – Port Richey Real Estate Attorney

Port Richey Real Estate – No Good Deed Goes Unpunished

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Instead of No good deed goes unpunished, the saying should be: “No bad deed goes unpunished.”
Good deeds convey real property correctly; while bad deeds put clients in predicaments that often times have negative, unforeseen consequences.

What type of interest are you receiving?

–        “John Doe and Jane Doe, husband and wife” – tenancy by the entireties. In the event John Doe dies, Jane Doe, his wife, would receive 100% interest in the property upon the recording of John Doe’s death certificate.

–         “John Doe and Jane Doe” – tenants in common – without “husband and wife” or “joint tenants with rights of survivorship” subsequent to their names, it is presumed John and Jane Doe are taking title as tenants in common. In the event Jane Doe died, Jane Doe’s interest would NOT automatically go to John Smith and vice jameshallison casino versa. In order for Jane Doe’s half to be conveyed to anyone, an estate would have to be opened and the property would have to be probated. The property would ultimately go to Jane Doe’s heirs or her beneficiaries under her will.

–        “John Smith and Jane Doe, tenants in common” – tenants in common – John Smith and Jane Doe are taking title as tenants in common. In the event Jane Doe died, Jane Doe’s interest would NOT automatically go to John Smith and vice versa. In order for Jane Doe’s half to be conveyed to anyone, an estate would have to be opened and the property would have to be probated. The property would ultimately go to Jane Doe’s heirs or her beneficiaries under her will.

–        “John Smith and Jane Doe, joint tenants with rights of survivorship”. – joint tenants with rights of survivorship – In the event John Smith died, Jane Doe would receive 100% of the property upon recording of John Smith’s death certificate. Don’t get confused with the acronym “JTWRS,” which will NOT suffice for meaning joint tenants with rights of survivorship and neither will “joint tenants”, as the entire phrase, especially the words “of survivorship” are required to properly convey this type of interest.

Note: The information contained herein is for informational purposes only as a service to the public, and does not constitute legal advice or act as a substitute for legal counsel. If you have any questions or have a situation pertaining to this area of law, consult with an attorney as every case is different. The information contained herein should not be relied on as a substitute for counsel and may or may not reflect the most current legal developments and is therefore not promised or guaranteed to be correct or complete.