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Key Insights into Managing Estate Claims The probate process can be both intricate and daunting, especially when it comes to handling claims against an estate. This blog aims to demystify objections to statement of claims and the necessity of independent actions, providing a clear understanding of how to navigate these legal waters. Objections to Claims…

Empowering Seniors with Financial Flexibility Reverse mortgages offer seniors the opportunity to access their home equity without having to sell their homes. The Home Equity Conversion Mortgage (HECM) stands out as the only federally insured reverse mortgage, managed by the Federal Housing Administration (FHA) under the Department of Housing and Urban Development (HUD). The Basics…

Understanding the Process and Importance of Estate Inventory When a loved one passes away, probating their estate can be a daunting task, filled with legal procedures and responsibilities. Among these, one of the personal representative’s primary duties is to conduct a thorough inventory of the deceased person’s estate. This blog will walk you through the…

Understanding the Intricacies of Florida’s Foreclosure Laws Foreclosing on multiple properties can be a complex process, particularly in Florida where specific rules and exceptions apply. Whether you are a seasoned investor or a novice in the real estate market, it’s crucial to understand these legal nuances to navigate foreclosures effectively. Foreclosing on Properties in Separate…

In the intricate world of legal proceedings, the appointment of receivers is a crucial step in safeguarding and managing property during litigation. Florida’s Uniform Receivership Act, codified in F.S. Chapter 714, has brought clarity to the procedures, requirements, and powers of receivers, ensuring uniformity across case law. Considering the Need for Receivership The need for…

When facing a lien foreclosure claim, it’s crucial to know your defenses. While the situation may seem daunting, understanding the practical defenses available can be empowering. Here’s a detailed look at some defenses recognized by Florida courts: Application of Payments Disputes often arise over how payments are applied. Associations have statutory guidelines prioritizing payments first…

Are you considering purchasing property within a community association in Florida? If so, you might encounter an essential document known as the estoppel letter, or more formally, the estoppel certificate. This blog post aims to demystify this crucial piece of paperwork and explain why it’s indispensable in the real estate transaction process. What is an…

To figure out how much power an association has to record claims of lien against individual units and parcels in a community, you need to look at their governing documents, like the declaration, and see what any applicable statute says. Liens can arise from a variety of circumstances including from special assessments, past due maintenance…

Article X, § 4(a), of the Florida Constitution provides that homestead property “shall be exempt from forced sale under process of any court.” The purpose of a homestead exemption is to prevent creditors from forcing the head of the household to sell the property, not to keep one entitled to possession from realization of it.  However,…

A claim of lien is a public record that serves as notification to the world about a lien claim. It’s not an action to enforce the lien nor does it establish its existence. Nevertheless, recording a claim of lien is a legal requirement before acquiring a construction lien. Who can Record a Claim of Lien?…