Author: Benjamin Boyhan
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Do you need to remove your spouse from title following the death of your spouse?
When taking title to real property with your spouse as “husband and wife” or “a married couple,” you automatically take title as tenants by the entirety in Florida unless you choose to take title in another way. If the property is owned as tenants by the entirety, this means that when your spouse dies, you…
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Pros and Cons of a Lady Bird Deed
A lady bird deed, also referred to as an enhanced life estate deed, is a deed used in Florida that enables real estate to transfer at the death of an owner to a beneficiary named in the deed. As an example, if mother wants her only son to inherit her home, mother could sign a…
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What is a slander of title lawsuit?
Slander of title is a lawsuit to obtain damages from a lien or claim that was wrongfully recorded against the title of real property. If a lien or claim is recorded against real property and it negatively affects the title to said property, then the owner of the real property may have a slander of…
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What are some defenses to a breach of contract claim?
If you enter a contract in Florida, but you are unable to perform your obligations under the contract, then you might be sued for breach of contract. If you are sued for breach of contract, the following defenses might help you defend against the lawsuit: Statute of limitations – Parties only have a certain amount…
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Satisfaction of Mortgage in Florida
Once you finish paying off your mortgage, that does not mean you are totally free from the mortgage. The final step is receiving a notice from your lender that the mortgage has been paid in full and a Satisfaction of Mortgage has been recorded. Your lender has an obligation to record a Satisfaction of Mortgage…
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How does a spouse waive homestead rights in Florida?
In general, you cannot transfer your homestead to anyone or any entity if you have a spouse or minor children. The reason is because a spouse or minor children automatically inherit homestead property. However, your spouse has the option to waive his or her homestead rights. There are two ways to waive homestead rights, by…
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What are some examples of a seller default in a Florida real estate contract?
Each contract is different and likely has a provision that defines what constitutes a default. The contract may provide for a time for seller to cure a default, usually a specified number of days. The contract for your specific transaction should be carefully reviewed to determine what constitutes a default. Some general examples of a…
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Is Specific Performance available to sellers in real estate transactions?
Specific performance can be an available remedy to sellers in real estate transactions, but it is rare for a seller to be granted specific performance. Specific performance is only awarded by a court if money damages are an inadequate remedy. Specific performance defined – Specific performance is an equitable remedy that can be ordered by…
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Defenses to a specific performance lawsuit
Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. Elements of specific performance: To defend against specific performance, the first step is to show that one or more of…
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A warning to real estate sellers: Beware of specific performance
Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. In the context of real estate, a specific performance lawsuit is commonly the buyer forcing a breaching seller to sell…