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Why is a title review important in a real estate transaction? Well, the obvious reason to me is that you want to know whether or not there’s any liens on the property. Also, you want to confirm who the actual owner of the property is, and does not take someone at face value saying that they own the property particular if you’re buying it. So #1, a title search would be done. And certainly in Florida, I would recommend that you obtain title insurance. So, a complete title search would be done to determine the ownership and what liens or in conferences there are against the property, if there’s any outstanding bills, any judgment liens, any wild deeds or, someone has attempted to transfer the property. So those are all in important and almost every real estate contract will provide that to the buyer or seller would be paying for title insurance. So that they’re assured that they’re getting marketable title to the property and that there are no outstanding judgments or liens of against the property are none that they’re aware of or any unsatisfied mortgages as far as that is concerned. So if you have any questions, give me a call at (727) 847-2288

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Can I take legal action if I have noise dog complaints against my neighbor? Well, the action that you would need to take would be a nuisance action, and that is, would be very expensive for you to file that also difficult for you to prove. And even once you got an order as far as a nuisance is concerned by the court, telling the person to abate the noise, it’s even difficult to have that enforced since it’s a court order and the persons may be held in contempt to court. So, you do not have an effective legal remedy to take care of the noise complaint with a barking dog. You can certainly call your local code enforcement folks as far as the noise, but really you don’t have a very effective way to do that. Filing an action for nuisance would be very, very expensive and difficult to prove and also difficult to enforce. So,  I don’t have a good practical solution or a good alternative to the problem. My phone number (727) 847-2288.

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What does it mean when a property is REO,  REO stands for “real estate owned”. And it usually has to do with banks that have property, which they’ve acquired to a foreclosure. They’re taking it back from a borrower and as R E O property or “real estate owned” by the bank. And so that’s what REO stands for. So if you have any questions, give me a call at (727) 847-2288.

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How can a lawyer help with a boundary line dispute? Well, lawyers are high price communicators, and soon as you say, there’s a dispute, well, that means you’re in an adversarial situation. And so you may not have any choice, but to have a lawyer. And hopefully the other side has a lawyer whenever I’m asked about these boundary line dispute. The first thing that I asked the party who calls me, I said, “do you have a survey?” And usually they say, yes, I said, “does the other party have a survey?” And so hopefully they do, if they don’t, well, then it’s very hard to resolve matters. But if there are surveys of the same boundary line and the surveyors do not agree, my suggestion is to have the surveyors, see if they can’t talk to each other to try and reconcile why there’s a difference. And if they can’t, we’ll see about asking the surveyors and the parties to agree, to have a third party surveyor be the arbiter to determine which survey is accurate to, to determine this rather than having to file a lawsuit to make that determination. And that’s very costly, and this is still gonna come down to expert testimony, which is going to be the third parties opinion, and that’ll cost a lot more money to resolve it. If the boundary line dispute comes as a result of either adverse possession or by boundary line by acquisition acquiescence those are really complicated, very factual, driven cases and very expensive cases. And so,  that’s another basis for trying to determine the boundary line. If you have some questions about it give me a call at (727) 847-2288.

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What is the procedure for foreign sellers of Florida residential real estate? The buyer, the real estate agent and the closing, the agent are all responsible for withholding 15% of the gross selling price. One, a foreign or a non us taxpayer sells real estate in Florida. And I think that’s pretty well throughout the United States, on IRS regulation. If it is residential real estate and it is value in the price is less than $300,000 then. And the buyer is going to reside on the property, for six months, for the following two years, six months in each of the following two years. And we’ll sign an affidavit that they’re a US taxpayer and that they’re going to stay on the property and the value, and the purchase price is less than $300,000 and they sign the affidavit or form. Then every one’s excused from withholding the 15%, if the 15% is withheld, it is sent to the Internal Revenue Service and the foreign person can then file a tax return to see about getting a refund in the event that they’ve overpaid for their taxes. And that can be controlled by various treaties between the United States and whatever country the foreign person is from, uh, also how much they paid for the property. So, uh, there’s any number of things that they can possibly get their 15% back there’s, it is difficult and that they have to get a taxpayer ID number, which is a difficult task or a cumbersome task,  to do that in order to file the tax return. There’s also a procedure by which they can apply ahead of time to have the transaction exempted, or limit the amount of money that has to be paid depending on the, how much they paid for the property and that they do not have any gain. So, if you’re wanting to sell your property, and you’re not, you’re not a US taxpayer will give me a call and I’ll be glad to work with you as far as getting the sale and seeing what we can do about, not having to report it, or if you have to report it, the process that’s involved. My phone number is (727) 847-2288.