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Imagine a lender (the mortgagee) decides to pass their rights under a mortgage to a new lender. This is what we call a mortgage assignment. It’s important to note that if the rights were transferred to the borrower (the mortgagor), the mortgage would be extinguished due to the legal principle of merger. Florida law recognizes…

When it comes to handling a loved one’s estate, one of the most common questions that arises is, “Does a will have to be probated?” The short answer is yes, in most cases.  What Is Probate? Probate is the legal process through which a deceased person’s will is validated by a court and their estate…

Making Sense of Florida’s Estate Administration Rules What Is Summary Administration? Summary administration is a streamlined probate process that allows for quicker resolution compared to full administration. Designed for estates with limited assets or those where the decedent has been deceased for an extended period, it eliminates the need for a lengthy court-supervised probate. Eligibility…

Navigating probate and estate planning can be tricky, but one thing that often comes up is how homestead property is handled. If you’re dealing with an estate in Florida, it’s important to know how homestead property works. In Florida, homestead property is unique from other assets. If the deceased left behind a spouse and a…

Understanding Fraudulent Liens and Their Implications Construction liens are a powerful legal tool, offering contractors, subcontractors, and suppliers a way to ensure they are compensated for the work or materials provided to a property. However, this tool, when misused, can backfire spectacularly. Exaggerating claims in construction liens—whether due to negligence or willful intent—can lead to…

A Guide to Balancing Present Use and Future Ownership Have you ever come across the term “life estates” and wondered what it means?  What Is a Life Estate? A life estate is a legal arrangement where an individual, called the life tenant, enjoys the right to live on and use a property during their lifetime.…

Real estate deeds might sound complicated, but once you get the hang of them, you’ll feel like a pro navigating the property market. Ready to dive in? Let’s start with the basics of Florida real estate deeds and types of estates. Necessary Elements to Create an Effective Deed Types of Deeds Types of Estates: The…

Mediation is a way for two or more people to talk and try to find a solution to a problem without going to court. It’s like having a frank discussion where everyone works together to come up with a plan that everyone agrees on. The mediator is just there to help the people talk and…

Insights into Legal Considerations and Case Studies Understanding the potential defenses that guarantors might raise is crucial for navigating commercial foreclosures.  There are various types of guaranties, including absolute, collateral, conditional, continuing, and special guaranties. Each type comes with its own language and the parties’ intent in the transaction, which can limit the scope of liability.…

Understanding the Process  When faced with the task of managing an estate, one of the most intricate and significant responsibilities is often the sale of real estate. While this might appear straightforward at first glance, it encompasses numerous legal and procedural nuances that require careful consideration. This blog aims to provide a clear roadmap for…