Perry Law Firm Real Estate and Title

Osceola Parkway Expansion Leads to Possible Eminent Domain Issues

Residents along the border of Osceola and Orange Counties may be displaced according to the latest plans to expand the Osceola Parkway.  The government has the power to do so (aka eminent domain) subject to certain restrictions.  Those same residents have vocalized complaints that the plans were not properly advertised by the government.  For more […]

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Doral Housing Market on Fire! (repost)

Doral Housing Market on Fire! from Lexology.  Below is an excerpt from the full article (link to full text below): New Residential Construction Projects Underway in Doral, Florida The residential real estate market in South Florida has been on a steady rebound over the past several years, but to say that the market in the […]

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CFPB Issues Integrated Mortgage Disclosure Rule

Recently the Consumer Financial Protection Bureau (“CFPB”) issued its Integrated Mortgage Disclosure Rule (the “Rule”).  The Rule will become effective 8/1/2015 and essentially replace the HUD-1 Settlement Statement with a Closing Disclosure, and, replace the Good Faith Estimate with a Loan Estimate.  The idea is to consolidate and simplify the information.  One significant change is […]

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Home Owners Association’s Changes and Statute of Limitations

In Harris v. Aberdeen Prop. Owners Ass’n, Inc., 2013 WL 4436603, a property was subject to a HOA’s governing documents executed and recorded in 2004.  There was a lawsuit over those documents initiated in 2005.  The Plaintiff, Harris, took title to the property in 2006.  Lastly, as a result of the 2005 lawsuit, the HOA reached […]

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Ranking of Trustees for US CMBS Issued in 2012

As reported by the Commercial Mortgage Alert – The Weekly Update on Real Estate Finance and Securitization for February 8, 2013: 2012 Issuance ($Mil.) No. of Deals Market Share (%) 2011 Issuance ($Mil.) No. of Deals Market Share (%) 11-’12 % Chg. U.S. Bank $28,823.3 41 59.6 $11,716.1 19 35.8 146.0 Wells Fargo $9,438.3 18 […]

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Leesees’ Redemption Rights

The Florida 4th District Court of Appeal recently reaffirmed that “lessees can ‘only redeem the property under or through [the mortgagor’s] rights’ and have ‘no independent right to redemption.’”

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Garcia v. Andonie – Homestead Exemption and Residing Thereon

The Florida Supreme Court recently upheld the Third District Court of Appeal’s holding that Florida Statute Section 196.031(1)’s language “and who resides thereon” was invalid and unenforceable because it tried to substantively alter or materially limit the Constitutionally protected homestead rights.  The Court then went on to reemphasis that the plain language of the Florida […]

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Know What Your Mortgage Says Regarding Eminent Domain Ahead of Time

It may come as a surprise, but most mortgages contain a clause regarding the event of eminent domain (a process where the government takes private property to serve a public purpose in exchange for just compensation). Most eminent domain provisions contain two important points. First, the mortgagor has a responsibility to notify the lender upon […]

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Foreclosure Rates

According to market researcher RealtyTrac’s recent report, there was a 13% national decrease in foreclosures from August, 2011 to August, 2012.

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