Florida real estate investors have long used land trusts as a versatile legal tool with multiple benefits. The basic framework of a land trust is as follows: The property owner conveys title through a deed to the new owner, the trust. The trustee of the trust holds legal title, while the beneficiary owns a beneficial interest in […]
Widerman Malek Law Blog
How to Avoid “Notice of Contract” Legal Land Mines in Real Estate Deals
A common investor buyer practice, especially among wholesalers, is to file a document in the public records to preserve their contract rights and “cloud” the property’s title in case the seller fails to honor the contract. Investors are taught to file a “notice of contract” or similar document, which will turn up during a title […]
What Investors Should Know Before Buying Foreclosure Properties
Foreclosures A foreclosure surge is coming. The recession, unemployment, continuing pandemic crisis, and end of government foreclosure moratoriums and lender forbearance plans will lead to the next housing crisis. During the previous foreclosure wave, most homes were “upside down,” as values sank below the mortgage debt and created a short sale market. This time, foreclosure […]
Ways to Sell Real Estate with Deferred Payment: Seller-Financing and Option Agreements
Many property-owners encounter opportunities to sell their properties in unconventional ways. Often, these opportunities involve selling to a buyer who will not fully pay the purchase price, whether with cash or lender-financing, up front. There are situations beneficial to the seller to consider such options. This article will summarize two common scenarios for deferred payment […]
Understanding Liens—a Gold Mine or Land Mine, Part 3
We ended our last blog with a land mine many investors face during a purchase of a property in foreclosure – unknown or unforeseen liens such as past HOA dues. Because foreclosures present good purchase opportunities for investors, it’s important for investors to understand basic concepts in the foreclosure process. All foreclosures are actions are […]
Understanding Liens—a Gold Mine or Land Mine, Part 2
In Part One of this series, I discussed the importance for investors to know just what they are buying when seeking out distressed property. As described in the our first blog, it is ok to buy that 7-11 hot dog, but only if that’s the value purchase you intend to make. Investors should know what […]
Understanding Liens—a Gold Mine or Land Mine, Part 1
Warren Buffet is widely regarded as one of the greatest investors of all time. Though he’s not famous for real estate investing, his principles are universal. Buffet built his fortune on value investing and the idea that you make your money when you buy, not when you sell. He has long talked about buying shares […]
Options for Selling Inherited Real Estate in Florida
Option: Selling to an Investor There are many real estate investors very interested in buying properties out of probate. Some investors specialize in this market and manage marketing campaigns targeting heirs. The most common way to reach heirs is by getting their addresses through public record probate filings used to send direct mail pitches to […]
What Real Estate Professionals Should Know About Fair Housing Laws
By Charles P. Castellon, Esq. All real estate professionals should be very much aware of certain legal issues regarding housing discrimination and the federal and state laws that cover them. Some very important issues involve fair housing laws designed to protect the public from the discriminatory practices that once flourished in the real estate industry. […]
Airbnb — a Threat or Opportunity for Landlords?
By Charles P. Castellon, Esq. © 2018, All Rights Reserved. The law has always struggled to keep up with technology. Back in the 70’s, the legal system was not ready to address issues stemming “test tube” babies and currently, there are some gray areas involving digital assets in estate planning. In the still-young internet age, […]
