Transfer of Title to Real Property Pursuant to a Marital Settlement Agreement

When couples divorce, there is often jointly owned real property that needs to be resolved in conjunction with the divorce proceeding.  Depending on the circumstances, family law practitioners can negotiate various manners of disposing of the real property.  Often, one party will receive sole ownership of certain real property as part of a marital settlement agreement (“MSA”).  The deed should not be a simple Quit Claim Deed transferring ownership from one spouse to the other.  Rather, the deed should contain language so that the property appraiser is on notice not to reset the taxable value.  As an example, a client came to me after her deed was prepared and recorded.  She was shocked to find that her property taxes suddenly increased $5,000.00.  The deed did not state that the property was being transferred pursuant to a MSA and, thus, the property appraiser automatically reset the property taxes based upon the current market value.  After several phone calls and letters to the property appraiser showing that the transfer was part of a marital settlement, I was able to get the property taxes rolled back to the prior basis.  It is easier and less costly to have your deed prepared correctly the first time.

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Construction Liens – Must Record in 90 Days NO EXCEPTIONS

This is a statutory provision that lienors must obey without exception.  With respect to the time period a lienor has to record a claim of lien, Chapter 713 provides that, “The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.” (emphasis added)  The statute defines this trigger as “the final furnishing of labor, services, or materials by the lienor.”  Lienors have made costly mistakes by miscalculating the deadline to record a claim of lien by using the date the lienor returned to the jobsite for clean-up or to complete punch list work.  If you are unsure of your deadline to record a claim of lien, consult your attorney because miscalculating by even one day can be a very costly mistake, resulting not only in the loss of your lien rights, but also exposing you to attorney’s fees incurred in fighting the lien and, possibly, a claim for slander of title.

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Offer of Judgment – Creating an Entitlement to Attorney’s Fees

If you don’t have a contractual or statutory right to recover attorney’s fees, you may be able to recover attorney’s fees if you offer a reasonable settlement that the opposing side rejects.  These offers or demands for judgment follow a specific format and need to describe the offer or demand in detail.  As an example, in a dispute against the City of Miami over the principal amount of $21,750.00, we submitted an offer to the City for $17,000.00.  The City rejected the Offer and after obtaining a judgment against the City and being successful on appeal, we recovered for the client in excess of $160,000.00 in attorney’s fees, more than seven (7) times the principal amount claimed.

For help or assistance in relation to litigation and real estate matters, please contact us at: 

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com

Holding Title to Investment/Rental Properties – Liability

Whether it is a single-family home or a condominium, real estate investors often buy investment properties in their personal name.  In order to avoid personal liability, it has become increasingly popular to own investment properties in a business entity such as an LLC.  LLCs can limit or protect an investor’s personal assets from lawsuits related to the property. As there are many condominiums in South Florida, imagine the current scenario:  a tenant renting a condominium accidentally drops a bottle of wine from a balcony that strikes someone below.  It is likely that the injured person, or their estate, will file a lawsuit against the owner of the condominium.  If the rental property is owned by the real estate investor individually, he or she will be named in the lawsuit personally and will have to defend his or her personal assets from the claims.  On the other hand, if the rental property is owned by an LLC, the owner’s exposure would be insulated by the protection of the company, leaving only the assets owned by the LLC exposed to the lawsuit.

Can a Buyer be Required to Use a Particular Title Insurance Company

Recently a client approached me after signing a real estate contract to inquire as to the enforceability of a clause in the purchase agreement that required the buyer, who was paying for the title insurance policy, to use a particular agent.  The Real Estate Settlement Procedures Act (“RESPA”) was passed in 1974 to protect buyers and sellers of real estate.  Section 9 of RESPA prohibits a seller from requiring the home buyer to use a particular title insurance company, either directly or indirectly, as a condition of sale. In fact, in the event a seller violates this provision, the buyer may sue a seller for an amount equal to three times all charges made for the title insurance.  The exception is when the seller agrees to pay for the title insurance.

For help or assistance in relation to litigation and real estate matters, please contact us at: 

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com