Real Estate and Title Disputes
Sometimes, it is not a clear who is the lawful owner of real estate. There are situations where there are multiple owners of one single, indivisible property, and each of these owners’ rights are subject to conditions or things that need to occur before their rights on the property are valid. In the process, the answer to who is or are the rightful owners of a unit, can be obscured and with that, disputes arise.
We have experienced litigating complicated title disputes in court. Our real estate transaction practice coupled with our experience in litigation, makes us uniquely positioned to deal with situations in which someone else is making a claim of something you thought it was yours, or vice-versa.
The purchase of a home or condo involves a substantial amount of money. The transaction can be burdensome. The amount of paper work, monumental. We want to make sure we can (1) ease for you the per se complications of a real estate purchase deal and (2) appropriately protect you by carefully drafting or editing the paper work that effects the transfer of the real estate from you or to you.
At Ayala, in partnership with Attorneys Title Insurance Fund and Old Republic National Insurance Company, we can help you be sure you are getting the cleanest, most protective title policy for the title of your home, and appropriately drafted transfer documents.
Commercial Closings are unique. Whether your business is purchasing or selling a warehouse, an empty land, or an entire new building, the transaction involves a lot of money, and needs to be carefully reviewed at every step.
Unlike residential closings, the transactions involves business aspects for which it is important to count with a knowledgeable business attorney.
Ayala has handled purchase and sale of warehouses, large acres of empty land and entire apartment buildings. We have experience in commercial closings and can guide you through the process. We can draft your purchase and sale contract, issue your title commitment, act as your escrow agent and issue a comprehensive title policy that will protect your purchase.
Refinances are, for title purposes, like the purchase and sale of a property. Your new lender will want to make sure your title is clean, free of legal claims.
Having a good real estate lawyer and title agent can make the difference when dealing with difficult lenders. Many times, lenders not experienced in real estate title work take issue on things in title that are fixable, but that can jeopardize your re-finance transaction. Negotiating skills from your lawyer are also important when dealing with complicated banks.
There are skilled ways to get better terms in your deal without jeopardizing your loan. We have experience dealing with the largest banks. For example, we were recently retained to represent a South American investor in a refinance transaction involving a 3.8-Million-dollar loan with one of the largest banks in the world.
If you are a real estate sales agent or broker, you are the procuring cause of a sale and the seller does not want to pay your hard-earned commission you have some remedies under contract or common law.
At Ayala can help you recover that hard-earned commission. We can also help you prevent a situation like this by reviewing and negotiating your commission terms and real estate purchase-sale agreements. Our familiarity with real estate transactions, contract law, and real estate litigation puts us in unique position to help you obtain your payment.
Deed Drafting and Recording
Transferring real estate, even if for no value, is a serious transaction. You want to make sure that you are in compliance with all the formalities for recording instruments affecting real property established in Florida Statutes § 695.26. Any deviation from these formalities of execution can subject your deed to a challenge. At Ayala we are not only title agents, but we also have extensive experience in real estate transactions and can assist you properly drafting and recording your deed.
Quiet Title Actions
Sometimes, as years go by, defects like liens or claims on your property accumulate. Some of these claimants may be unknown or the claimant may not even have that claim anymore. In order to clean such defects attached to the title to your property, there’s a legal process called quiet title. Though normally performed in connection with tax liens, quiet title actions can be used to “”clean”” your title from any other claim. At Ayala, we have experience doing quiet title actions. Many of these actions are uncontested. Sometimes, however, there may be someone contesting your right to a clean title. In that case, we can also assist you as we have extensive real estate litigation experience. Our experience in real estate litigation and transactions is what puts us in a unique position to assist you.