Skip to main content
Category

Real Estate

Real EstateTransactions

Errors in Your Deed? Understand the Curative Procedure of § 689.041

  It is human nature. Typographical mistakes occur. What happens when these errors occur in serious legal documents like a deed? Florida Statute § 689.041 establishes a procedure for mere typographical or inadvertent mistakes (also known as “scrivener’s error”) in the description or identification of real property in deeds. The statute contemplates three types of scrivener’s errors: (1) An error or omission in no more than…
Ayala Law P.A.
February 21, 2023
Real Estate

What is a Homeowner Benefit Agreement and Why You Should be Careful of it When Purchasing a Home?

A Homeowner Benefit Agreement (HBA) is an agreement where a real estate agent contracts with a property owner for a right to sell her property in the future. The real estate agent offers the property owner a sum of money for that right. The real estate agent then would be entitled to a commission on the sale of the property. The key difference between the…
Ayala Law P.A.
February 14, 2023
Real EstateUncategorized

Two Key Requirements to Foreclose on a Mortgage in Florida — Part II.

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In the first part of this blog on August 22, 2022  we discussed possession of the original note. Today we discuss the timeliness requirement. The holder of an original note—entitled to foreclose—must foreclose “within a reasonable time” or it may have “waived” its…
Ayala Law P.A.
August 31, 2022
Real Estate

Two Key Requirements to Foreclose on a Mortgage in Florida — Part I

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In this and the next blog we explain two of them: possession of the original note, and timeliness. Possession: In the mortgage lending industry, it is not uncommon that the lender loses the original document signed by the borrower where he promises to…
Ayala Law P.A.
August 22, 2022
Real Estate

Two Basic Things You Must Know Before You Purchase an Investment Property in a Foreclosure Sale

It sounds like a great idea: Let’s buy a property in foreclosure and then remodel it and resell it? Or perhaps, rent it out to obtain “passive” income? --not so fast. Here are two things you must check before purchasing a property in a foreclosure sale. First: Who foreclosed? This is huge. It matters who is foreclosing. If the bank holding the first mortgage is…
Ayala Law P.A.
July 19, 2022
Real Estate

Title Insurance Basics – What Exactly is it, and Why is it Important?

Title insurance, as the name indicates, is insurance to title; to the title of a real estate property, more specifically. Now to first understand “title insurance” we need to understand the concept of “liens” on real property first. A lien is essentially a claim a person (natural or juridical) has against a property because of some unpaid debt to that person by the owner of…
Ayala Law P.A.
July 5, 2022
Real EstateUncategorized

Can you Agree to Purchase Real Estate Via an Email or a Text Message? Read to Find Out

For most people, Real Estate transactions are usually a life changing event. Because of the importance of these transactions, most states have what are called “statutes of fraud” (SOF). A SOF is a rule that states that certain transactions—like the purchase and sale of land—will not be enforceable if they are not in writing and signed by the party against whom enforcement is sought. (In…
Ayala Law P.A.
June 17, 2022
Real Estate

Purchasing Real Estate Without Immigration Status — What You Need to Do

There is a misconception that unless you have a green card or other type of legal immigration status you cannot buy real estate. The reality is that there’s no requirement of legal immigration status to purchase real estate. Now, to purchase real estate as an individual, you are likely going to need a social security number. Many immigrants without status in the US possess a…
Ayala Law P.A.
April 13, 2022
Real Estate

Ayala Countersues Lender for Violation of the FL Consumer Collection Practices Act

Ayala files a counterclaim against a lender for violation of the FL Consumer Collection Practices Act (FCCPA) in the context of a foreclosure action against its client. The Florida Consumer Collection Practices Act (“FCCPA”) provides in pertinent part: In collecting consumer debts, no person shall: . . . (9) laim, attempt, or threaten to enforce a debt when such person knows that the debt is…
Ayala Law P.A.
March 24, 2022
Real Estate

Ayala Obtains $350,000 Settlement for its Client in Four-Year-Old Eviction Turned Quiet-Title Dispute

In a case that started as a simple eviction for possession back in 2017, and after numerous hearings, briefs, and appeals, Ayala finally reached a settlement for its client. Originally, after Ayala’s client filed for eviction, the tenant/defendant’s counterclaimed in the eviction case alleging—to our client’s surprise—that they were the actual owners of the property. This defense alone created a plethora of jurisdictional challenges, transfers,…
Ayala Law P.A.
September 16, 2021