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You deserve answers to your questions when going up against insurance companies, third parties, and other opposing sides. For more information contact our Personal Injury Attorneys and call us today at 954-231-2808.
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When Is the Best Occasion to Hire a Real Estate Lawyer?
Getting into a real estate transaction is not an easy thing to do; buying or selling a property requires the needed knowledge to make it a success. It should be noted that transactions like this involve some serious amount of money; this is why you need to review your to-do list before accepting any deal.
One very important consideration you need to decide for is whether you hire a real estate lawyer or not. For sure, when you are just new to this business, it will be hard for you to decide on the matter – will I hire a one? Or should I just have an agent to work with me? (perhaps you ask) Well, it could be hard for you to choose but I am giving below some of the deciding factors that could help you make the right decision.
So, going back to the threshold question:When is the best occasion to hire a real estate lawyer?
The following reasons can help you make the most appropriate decision for your unique situation:
When you face legal issues– he is the right person Tenant Attorney Coral Springs to go to, when legal issues arise involving your transaction; he can make judgment to legal questions – which an agent cannot. For instance, you are negotiating for a property with an existing owner-tenant legal issue, your lawyer can give you the most appropriate legal advice on whether your plan is feasible or not.
When you need to learn about real estate language– you could encounter a lot of terms that are ‘foreign’ to you in the real estate world most especially if you are just new in this kind of venture. This could cause possible trouble in the future – you might be accepting deals that you are not supposed to accept because you lack the information. A lawyer can review your documents and explain those unfamiliar terms concerning purchase contract or mortgage before you sign it.
When legal dispute is apparent – a lawyer works with you to avoid any legal disputes as much as possible; however, should occasion calls for it, you can be best helped by no less than by a lawyer who is expert. Some of the most common legal matters that a lawyer can help include title issues, easement and license disputes, broker and agent commission disputes.
So, I have just shared you some useful insights about when a real estate lawyer can help you for property buy or sell. Hope these could help you come up with the right decision.
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Title fraud is on the rise. Here’s why it won’t stop anytime soon.
(Illustration by Nate Kitch)
When family members of Lycienne Prince Barber were about to sell their dead relative’s two duplexes in Biscayne Park, they made a startling discovery. During the prerequisite title and lien searches on the properties, they found that a 55-year-old man named Hencile Dorsey, whom Prince Barber’s relatives never met, had filed two warranty deeds transferring ownership of the properties to his own name in February and March of this year.
Neighbors in the small village told Prince Barber’s relatives that Dorsey had gained access to the duplexes to change the locks and was planning to rent out the properties, according to Chelsea Silvia, a real estate attorney representing the deceased woman’s cousins. Her clients sued Dorsey in Miami-Dade Circuit Court, alleging the deeds under his name were fraudulent.
“When you are dealing with the death of a relative, estates can get messy,” Silvia said. “The last thing you expect to deal with is a fraudster appearing out of nowhere, spawning thousands of dollars in legal fees just to sell a property that is rightfully yours.”
Dorsey, who is facing five other pending criminal title fraud cases in addition to these two, declined to comment for this story.
From alleged one-man bandits like Dorsey to organized crime rings, the title fraud racket is booming in South Florida, a fertile ground for scams involving real estate assets of the deceased. Gary Singer, a Fort Lauderdale real estate attorney who owns a title company, said he encounters some type of title-related fraud multiple times a month.
“It’s very widespread, and everybody needs to be on the lookout for it,” Singer said. The region has all the ingredients to till property-pirating schemes. Title pirates, as Singer and other experts in title fraud call them, have a large pool of victims to prey on in Florida’s elderly population, for starters. In many cases, the owner of a home targeted by title pirates is an older person who is severely incapacitated or has died. The next of kin is usually in another state, or there are no longer any living relatives to handle the estate.
Florida law also makes the state hospitable for title pirates because county recorders’ offices are legally barred from verifying if a person on the deed is the true owner.
“There is so much money to be made from title fraud, and it’s not that hard to do,” Singer said.
Pillaging for booty
Victor Petrescu, a Miami-based lawyer who specializes in litigating fake title claims on behalf of lenders, said title pirates cash in on the scam by renting out properties or fraudulently selling homes to unsuspecting buyers until the bogus ownership claims are dismissed in civil court and title is conveyed to the rightful owner.
A deed only requires that the document be notarized and signed by two witnesses, but county recorders’ offices all over Florida are not required to verify if the signatures and the notary stamp are legitimate, Petrescu explained.
“You take it to the county recorder, pay a nominal fee of like $15 and the deed is recorded,” he said. “When you pull the chain of title, this other person will now appear as owner of the property.”
In recent years, Petrescu has seen a rise in title fraud involving individuals and groups with no connection to the owners of the properties they are laying claim to.
In 2016, Petrescu represented a client who was locked in a legal tussle with members of the Moorish Science Temple of America over 11 properties in Seminole County. His client was a lender that had acquired the parcels via foreclosure proceedings.
“They started filing quitclaim deeds because they believed they had a right to the land,” he said, noting the temple members were squatters and not renters. Petrescu added that they also attempted to resell the homes while litigation was pending over the title claims.
“It ended up delaying my clients’ legitimate sale of the properties, with one deal falling through,” he said. “It took about a year to resolve.”
Once a fraudulent deed is filed, title pirates can make a small fortune dealing in properties they have no legitimate claim to. For instance, by the time a 2014 Florida Department of Law Enforcement (FDLE) investigation zeroed in on Robert Allen Tribble — a man with convictions for credit card fraud, credit card theft and forgery in Georgia — he had allegedly stolen $240,000 from renters and would-be buyers who believed he owned properties he was renting and selling to them. An FDLE report states that Tribble’s scam involved 35 homes in Miami-Dade, Broward, Palm Beach and Martin counties with a taxable value of more than $7.5 million. He allegedly collected mortgage and rent payments ranging from $2,500 to more than $20,000.
Tribble, convicted in November 2018 on five counts of organized scheme to defraud over $50,000, was sentenced to five life terms this past April. He is appealing the sentence on the grounds of double jeopardy.
Dead men tell no tales
Last year, the Broward sheriff’s office conducted Operation Tomb Raider, an investigation that ended with the arrest of seven people allegedly involved in a ring that illegally took ownership of 44 homes from unsuspecting owners and 18 deceased owners. The properties had a total value of $12 million and were mostly located in Coral Springs, Margate, Tamarac, Lauderhill, Parkland and Weston.
Using various shell corporations, the ring used stolen notary stamps and forged signatures to file fraudulent deeds and initiate property transfers without the knowledge of the true owners, according to arrest affidavits. Authorities alleged that ring members sometimes sold the same home to more than one person and collected mortgage payments from both buyers almost simultaneously. The case involved more than 600 counts of felony fraud.
Singer, the Fort Lauderdale lawyer, represented a relative of one of the dead owners, whose Margate home the ring illegally acquired through a fake quitclaim deed. He said his client learned about the fraud prior to Operation Tomb Raider, but the arrests made it easier to clear up the chain of ownership in civil court.
“The problem with this type of fraud is that the burden is on you to prove the deed is fake,” Singer said. “It took about eight months to get the fraudulent deed rescinded.”
Luckily, Singer had a laundry list of evidence that proved it was a fake deed, such as the notary public agreeing to testify that she did not stamp the document and that her signature had been forged.
“She didn’t even know anything about the deed and was willing to assist us,” he said. “There was also a long period of time between the date when the deed was signed and the date when it was recorded. Typically, you file a transfer deed on the same day all parties sign it.”
But criminal investigations are not enough of a deterrent against some title pirates. In July, Miami-Dade state prosecutors filed seven separate criminal cases against Dorsey, the man accused of illegally claiming ownership to the Biscayne Park duplexes. Dorsey is accused of forging deeds transferring title to five other residences in El Portal, South Miami and West Kendall. He’s facing dozens of felony counts of grand theft, organized fraud over $50,000 and unlawfully filing false documents. Dorsey is scheduled for trial in January, and if convicted faces a minimum of 30 years in prison.
Despite his legal troubles, Dorsey is still fighting to maintain his alleged phony claim to Prince Barber’s properties, said Silvia, the lawyer for her cousins.
“As it stands, the fraudulent deeds still appear as legitimate,” Silvia said. “The deeds still have the effect of interfering with clear ownership of the properties. No one will insure a property under those circumstances.”
On May 15, a Miami-Dade Circuit Court judge entered a default final judgement in favor of Prince Barber’s cousins after Dorsey failed to respond to their motion dismissing his claim to the property. But in mid-November, Dorsey, who doesn’t have a civil or criminal lawyer and is under house arrest, petitioned the Third District Court of Appeals to overturn the judgement, claiming he was not properly served court documents relating to the estate’s motion for default.
“We were hoping the criminal case would help, but it has not had any effect,” Silvia said. “Nearly 10 months later, the property has still not been sold, and the buyer is still waiting.”
Fighting fraud
Silvia said title fraud could be easily curtailed if county recorders’ offices were proactive in verifying deeds are legitimate.
“[The Dorsey] case is a frightening and disturbing portrayal of the recorder’s office inability or refusal to look beyond the face of a fraudulent document,” she said. “Mr. Dorsey recorded deeds for different properties all in a row on the same day. If that doesn’t scream fraud, I don’t know what does.”
A spokesperson for the Miami-Dade clerk of courts recorder’s office said a change in state law would be needed to grant it the authority to approve or deny deeds before they are filed as official county records, and that as it stands, the office’s role is “strictly ministerial with no executive authority.”
So if a deed is properly filled out and has a notary stamp, the office is required to file it, legitimate or not. Silvia said a few counties, like Pinellas, are enacting rules to prevent title fraud.
“Unfortunately, Miami-Dade is a breeding ground for real estate fraud,” she said. “It goes unchecked unless clients like ours choose to fight.”
The post Title fraud is on the rise. Here’s why it won’t stop anytime soon. appeared first on The Real Deal Miami.
from The Real Deal Miami https://therealdeal.com/miami/2020/01/07/title-fraud-is-on-the-rise-heres-why-it-wont-stop-anytime-soon/
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Parque Towers developer J. Milton faces mounting lawsuits over construction delays
Parque Towers in Sunny Isles, Joseph Milton
Developer J. Milton & Associates is facing four lawsuits from buyers seeking to get out of their contracts at Parque Towers, an unfinished luxury condominium project in Sunny Isles Beach.
Three separate suits were filed in Miami-Dade County Circuit Court during the past two months against Parque Towers Developers, an affiliate of Coral Gables-based J. Milton & Associates, over construction delays at the condo development. Another suit was filed in the spring of last year.
The plaintiffs, who signed contracts for units at Parque Towers, a 320-unit, two-tower condo development at 330 Sunny Isles Boulevard, allege that closings were to begin at the end of 2018. The project was planned to be substantially completed in 2017, according to the suits.
But one of the towers is still not finished. Buyers are now alleging the developer breached its contract and they are all seeking to terminate their contracts and get their deposits back, according to the suits.
In one complaint, Rebecca Christina Vallias and Hugo Kawasaki allege they put down a $740,000 deposit for unit 5-802. And in another, Josh and Michelle Kurzban allege they paid a $597,500 deposit for unit 4-608. The buyers are represented by David Reiner of Reiner & Reiner PA.
Reiner also represents another client, a Brazilian biotech executive, who filed suit in May seeking to get his deposit back. The lawyer said he does not understand why the project is still not finished and what is taking so long.
Another suit was filed by Luiz Fernando Da Silva Montoro of Brazil, who alleges he put down a $737,500 deposit for unit 5-1508. Gary Davidson of the Miami law firm Diaz Reus & Targ is representing Da Silva Montoro.
Robert Frankel of Robert P. Frankel, P.A. who represents the developer, said J. Milton & Associates has no plans to give the buyers back their deposits.
He said there were a number of issues that caused the delays, including “unforeseen geological issues” at the site.
Frankel said the buyers are likely just looking for an excuse to get out of their contracts due to a broader slowdown of the luxury condo market. He said buyers are trying to get out since market conditions have changed from the time they signed contracts.
Closings are already occurring at one of the towers and the second tower should be completed by the end of the first quarter, Frankel said.
J. Milton & Associates’ other projects in Sunny Isles include the IntraCoastal Yacht Club, the Sands Pointe Ocean Beach Condominium, Pinnacle Oceanfront Living and King David Luxury Condominiums. The firm is led by CEO and President Joseph Milton.
Sunny Isles Beach has the highest inventory of high-priced luxury condos in Miami-Dade County, according to a report from EWM Realty International. The city is saddled with 17 years of inventory of condos priced at $5 million and up, the report said.
Buyers are also looking to get their deposits back at other luxury projects in South Florida. Six buyers at Lionheart Capital and Elliott Management Corp.’s Ritz-Carlton Residences, Miami Beach are suing the project’s development group over construction delays and are seeking to get their deposits back due to construction delays.
from The Real Deal Miami & Real Estate News News | & Curbed Miami - All https://therealdeal.com/miami/2019/02/28/parque-towers-developer-j-milton-faces-mounting-lawsuits-over-construction-delays/
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Seo Company Miami Springs, Fl
Contents Small business lake Estate planning lawyers (108 108 results). compare estate Consulted Seo company rockledge … south florida Marketing Agency Holly Hill, Fl Marketing For small business lake Park, Fl Marketing For Lawyers Cape Coral, Fl Cape Coral, FL...
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Dealing with a personal injury case on your own could affect the amount of compensation you receive. Do not neglect important details or miss out on what you are entitled to. For more information contact our Personal Injury Attorneys and call us today at 954-231-2808.
#Car Accident Lawyer In Coral Springs#Coral Springs Wrongful Death Attorney#Motor Vehicle Accident Lawyer In Coral Springs#Wrongful Death Lawyer In Coral Springs#Estate Planning Lawyer In Coral Springs#Traumatic Brain Injury Lawyer In Coral Springs
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Concerned about the future of your family? Don’t leave it to the probate courts to decide for you while charging hefty court fees. Decide for yourself by consulting with an expert estate planning attorney today. Our lawyers can assist you with everything concerning the future of your estate. From inheritance tax, gift tax, family law and minor children guardianship, irrevocable trust, living wills, real estate, medical decisions and healthcare proxy’s.
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Experienced attorney for wrongful death and Personal Injury Cases in Boca Raton. We ensure to get maximum compensation and satisfaction for your case.
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Find the Best Local Estate Planning Attorney – Coral Springs, FL:
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Concerned about the future of your family? Don’t leave it to the probate courts to decide for you while charging hefty court fees. Decide for yourself by consulting with an expert estate planning attorney today. Our lawyers can assist you with everything concerning the future of your estate. From inheritance tax, gift tax, family law and minor children guardianship, irrevocable trust, living wills, real estate, medical decisions and healthcare proxy’s.
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This video space is for rent. Simply follow the link to rent this video ranking spot for your local estate planning firm: http://ift.tt/2vKTvbr Fill out the optin form and we will contact you shortly. Have your firm's information added to the video or discuss having a professional whiteboard video made for you. Concerned about the future of your family? Don't leave it to the probate courts to decide for you while charging hefty court fees. Decide for yourself by consulting with an expert estate planning attorney today. Our lawyers can assist you with everything concerning the future of your estate. From inheritance tax, gift tax, family law and minor children guardianship, irrevocable trust, living wills, real estate, medical decisions and healthcare proxy's.
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Seo Company De Funiak Springs, Fl
Contents Lawyers cape coral Results). compare estate planning attorneys Clary-glenn.com is tracked by us since January, 2013. Over the time it has been ranked as high as 4 781 699 in the world. All this time it was owned by...
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