Real Estate & Property Law
REAL ESTATE TRANSACTIONS
Congratulations! You found a house you like and are ready to buy it! But wait! There is a whole process you have to go through prior to being handed the keys to that property! The closing process can seem daunting as there is a lot of paperwork and legal documents that must be prepared and adequately reviewed in order to ensure a seamless transaction. If you are ready to close on a real estate transaction give us a call so we can help you seal the deal.
Property conveyances in Florida are typically done through deeds. Essentially, deeds are legal documents which specify the property to be conveyed and are recorded in the official records so that the world is on notice of who owns a particular piece of property in that county. As deeds effect and show ownership in real property it is very important that the deeds are executed in compliance with the laws of this state. If you are preparing to convey and/or accept a deed, let us help you make sure there are no issues down the line and that the transaction results in a proper conveyance.
COMPLEX REAL-ESTATE LITIGATION
Partition & Quiet Title Actions
Are you and another party in a dispute over whom has superior title to a parcel of property? Or, is someone suing you alleging that they hold a superior lien to your property? We can help! Typically, a quiet title action will require the plaintiff to “deraign” the title for a period of 7 years. Which, essentially means, to trace the current title back seven years and identify how your interest is in conflict with the other party. Additionally, partition actions can be brought for real property, personal property, and even mineral rights in real property. Generally, in these types of actions, two title holders to the property are in conflict and one party is seeking to force a sale; however, a court will typically look to see if the property is “nondivisible” prior to forcing the sale of the property at a public auction.
Have you placed goods, services, and/or labor which led to the improvement of a piece of real estate, only to have the legal owner of the property attempt to become unjustly enriched by the value of your goods, services, and/or labor? You may need to consider seeking to put an equitable lien on the property. An equitable lien is a creature of equity which the courts will impose to prevent injustice in certain circumstances. If imposed, it will give the plaintiff a lien or “encumbrance” on that property so that the property itself may be proceeded against in court and either sold or sequestrated.
Setting Aside Deeds
Sometimes land disputes are created when someone seeks to cloud the title on your property improperly. Or, sometimes, deeds may be conflicting, be the product of fraud, or be lacking in sufficient consideration. If there is a deed that is wrongly effecting your legal or equitable interest in a piece of land, please consult with us so we can discuss your options. Our courts have the power to set aside deeds and we can help you take exercise this legal option if necessary.
Have you recently gone to a final hearing in a real estate case and obtained a negative outcome? You may be able to appeal the judgment if you act timely. Appellate work is highly complex and requires a strong understanding of the applicable case law. If you need appellate representation in a real estate matter, we can assist you with drafting your brief and attempt to help you make right what went wrong in the lower court.
And Everything Else
Real estate law is a vast area of law, so it would be almost impossible to list everything that it encompasses on one web page. Here, at Golden Key Law Group, PLLC we currently have two attorneys who are very passionate and aggressive in transactional real estate work along with real estate litigation. As such, no matter which end of the spectrum you find yourself on (ie buying a house or defending it in a foreclosure action) you can rest assured that Golden Key Law Group, PLLC can assist you navigate this seemingly complex area of law.