The legal community holds attorneys to a high ethical standard. The local bar association often sees over those who practice within the state and, in some cases, a complaint may head to court. In Florida, the Florida Bar recently announced the Florida Supreme Court disciplined 12 attorneys for their unethical behavior regarding the handling of cases, including some foreclosure matters, in the state.
A homeowner’s association (HOA) expects its board members to enforce the association’s governing documents. In some cases, a board member may fail to follow the rules or otherwise act inappropriately within their role.
A property line dispute can range from the minorly annoying tree branch that does not get trimmed and crosses into your yard to the extremely complex issues that were recently discussed in a case out of Florida. The case involved a property that originally consisted of a triple lot. The original owner took out mortgages from different banks. One lot consisted of the back-yard area and was essentially undeveloped except for a portion of a garage and swimming pool. The others contained the residence along with the rest of the garage and pool.
It all began in 2012 when a hotel owner needed an investor to sign on as a guarantor to a loan. The investor alleged the property owner transferred 50.5% of the property to the plaintiff in exchange for their support with the loan. The hotel owner then used the $6.5 million loan to purchase and fund renovations to the property.
Homeowners associations (HOAs) have rules. Before buying property, HOAs generally give potential homeowners a copy of these rules. These rules can include landscaping guidelines, rules regarding the use of pool and other common areas and even parking regulations within the community. The HOA requires those who live within the community to abide by these rules.
Real estate contracts are complex. Each provision can have a huge effect on future issues and a failure to properly review and negotiate provisions during a sale can result in unforeseen consequences. The property owner who finds themselves with a defective piece of real estate may experience the full impact of these provisions after the purchase is complete.
A small city near Tampa has cracked down on property owners who violate laws and regulations designed to “protect the integrity of neighborhoods and quality of the community.” The laws can regulate everything from how long a property owner’s grass can grow to when and what type of vehicle can be parked in the driveway or on the neighborhood street.
The real estate dispute involves an international telecommunications company and a local company with beach property. The local company states the telecommunications company is illegally using its beach property by placing underwater cables across its beaches. Lower courts agreed with the local company and granted it a writ of possession. This is a legal term that essentially means the telecommunications company must return possession of the land to the local business.
A failure to properly communicate can result in issues during real estate transaction negotiations, frustrations after closing and confusion in the event of a foreclosure. Certain regulations and laws are present to better ensure proper communication during legal transactions.
Fraudsters recently scammed a Florida couple out of $46,000 in a title dispute. The couple lost the money when they wired the funds as allegedly instructed by their real estate agent. Unfortunately, the real estate agent’s account had been hacked and the hackers were able to divert to the funds.