Recent Blog Posts
Can I Use a Power of Attorney to Sign Corporate or Trust Documents?
Very often we are asked to assist with a closing where the seller is a corporation, limited liability company (LLC), or Trust. However, the person who can sign on behalf of the entity is unavailable on the day of closing, so they ask us to prepare a Power of Attorney to sign the closing… Read More »
Do Judgment Liens Attach to Inherited Property?
We recently helped a client who inherited her mom’s house when mom passed. The problem was that she inherited the house with her brother, and her brother had a judgment against him from unpaid credit card debt. The siblings wanted to sell the house, but were unable to do so because of the brother’s… Read More »
Real Estate Unlimited Guest Post – Luxury Real Estate: A Realtor’s Perspective
Photo Credit: Blog.dynamiclives.com This post was contributed by Real Estate Unlimited, an agency serving clients in the Los Angeles area. Real estate agents specialize – commercial vs. residential, vacation home vs. primary residence, urban vs. rural, condo vs. freestanding. Price is another example – selling a beachfront estate in Corona del Mar is a… Read More »
Whose Responsibility is a Fallen Tree After a Hurricane?
As we are recovering from the effects of Hurricane Irma, there are many questions that seem to be common and reoccurring. Florida Coastal Insurance Agency has teamed up with our property law friends at Yesner Law P.L. to answer some of these questions and develop a dialogue to assist those in our community. Today’s… Read More »
Post Hurricane Irma, Are We Still Closing?
One of my Realtor clients posted the following question on social media: “When you have a buyer under contract before a tropical storm / hurricane affects an area, and the contract is AS-IS, who is liable for repairs from storm damage, if there is any?” Luckily the Tampa Bay area escaped Hurricane Irma with… Read More »
Can I Sell My House When It Has A Lien Against It?
A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead… Read More »
Senate Passes Bill 398: “The Estoppel Bill”
Governor Scott signed The Estoppel Bill on June 14, 2017, effective July 1, 2017. The Bill helps title agents, closing agents, buyers and sellers, and realtors because it eliminates the ability of the associations to take an inordinate amount of time to provide an estoppel certificate prior to closing, and eliminates the ability of… Read More »
Can Filing Bankruptcy Protect Me From A 1099-C Tax Obligation?
We received another great listener question. The simple answer is yes, filing bankruptcy before a foreclosure sale or short sale will protect you from a subsequent 1099-C assuming the bank waives any deficiency. Before we get there, however, some background: When someone gets foreclosed or completes a short sale, there are one of three… Read More »
How Can I File Bankruptcy If I Can’t Afford My Bills?
At networking events, often tongue-in-cheek, I’m asked “How do you get paid as a bankruptcy attorney?” To the sarcastic out there, my response is “I get paid up front.” For those who sincerely ask that question (and I assume it would be most of you still reading this post) there are 5 ways to… Read More »
The Foreclosure Has Started, Can We Still Sell Our House?
This week we answer another great question from a podcast listener, and one that we’ve answered briefly in other episodes of the Crushing Debt Podcast. This question comes from a listener in Miami, FL, who asks if she can sell her house after receiving an offer for more than what she owes, even though… Read More »
