Category Archives: General
Disclose Material Defects In Real Estate – Truth In Advertising
Does a Realtor need to disclose material defects in real estate listings? In order to follow Article 12 of the National Association of Realtors Code of Ethics, and to show truth in advertising, the answer is yes. So what can you say to make a not so good property read appealing? Listen to Shawn… Read More »
Top 10 Ways To Avoid Rental Scams
Recently, WFLA in Tampa documented a story about fake landlords using Craig’s List and other internet sites to scam potential tenants out of thousands of dollars. The scams range from collecting a security deposit on a house the scammer does not own, to identity theft. How can a tenant protect himself from these potential… Read More »
OCWEN, Altisource, Hubzu And Real Home Services & Solutions
OCWEN short sale rejection? Curious about the relationship between Altisource, Hubzu & Real Home Services and Solutions? Listen as Real Estate Attorney Shawn Yesner explains the relationship and a case where a short sale was rejected by OCWEN, and asked to be listed on Hubzu through RHSS. Want to learn more about Real Estate… Read More »
Realtor’s Responsibility To The Seller
Listing Management and Bad Faith Negotiations This is out of the standards of practices, this is out of the National Association of Realtor code of ethics. A Realtor shall continue to submit to seller all offers and counteroffers until closing unless a seller has waived the obligation in writing. And this is part that… Read More »
FAR/BAR Contract Updates
The Florida Bar and the Florida Association of Realtors® established a Realtor®-Attorney Joint Committee in 1973, comprised of 10 attorneys and 10 Realtors® appointed by their respective organizations. The FAR/BAR Residential Contract for Sale and Purchase and Comprehensive Riders (collectively, the “Contract”) was created by the committee and, according the Florida Supreme Court, use… Read More »
What Is Joint & Several Liability?
When the bank takes the property back and pays the twelve months to the association. What happens to the balance, in essense? Good question. The statute says that the owner is jointly and severely liable with the previous owners. It’s really, I think going to depend on counsel for the association. Some of the… Read More »
How Late Is Too Late To Sue For Forclosure?
Florida Statute, Section 95.11(2) imposes a five-year statute of limitations to sue for default on: “(b) A legal … action on a contract, obligation, or liability founded on a written instrument …” and “(c) An action to foreclose a mortgage.” Most people read this statute to mean that if a homeowner defaults on a… Read More »
Lenders Vs Associations Video Part 2
Video Transcript What’s going on with the association, because another big myth and another big statement that I hear all the time is “well the association can’t take my house away” Yeah they can, if they you don’t pay, if your homeowner if your seller doesn’t pay the association absolutely they can take the… Read More »
Freddie Mac Exclusionary List
Transcript for Video: Freddie Mac has what is called an exclusionary list. How many people knew this existed? Freddie Mac has a blacklist. Freddie Mac has what they call an exclusionary list. The interesting thing about the exclusionary list is even though it says in there, it’s confidential, and it’s strictly maintained by Freddie… Read More »
Student Loan Debt & Bankruptcy
Since high school, I knew that I wanted to be an attorney. I have been out of law school for 15 years, and still have another 15 before my student loans are paid off; making my student loans on par with a home loan. The one difference is that there is no collateral for… Read More »
