News & Insights

Seller Incentives Returning To Fla. Homebuilding Market

June 03, 2014 — With the housing market for new construction rebounding in certain parts of central Florida, we are seeing more transactions whereby landowners are selling property to homebuilders under circumstances where the seller wants

Protect Yourself Against Tenant Construction Liens in Fla.

February 22, 2013 — If you are a commercial landlord, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. Since the commencement of the recent economic downturn, many commercial

Real Estate Considerations in Divorce

January 01, 2013 — While every divorce has its own unique issues and challenges, most separating couples face the same problems relating to the disposition of the former marital home. If real property issues are not thoroughly considered during

Collateral Granted by Subsidiaries to Secure Parent’s Debts is Avoided in Bankruptcy: A Cautionary Lesson for Lenders

November 28, 2012 — TOUSA was a homebuilder that invested in a joint venture known as Transeastern in 2005. Transeastern borrowed $560 million in a syndicated loan from certain lenders (“Transeastern Lenders”).  Later, Transeastern defaulted, and

Selling/Acquiring Distressed Real Estate In Florida: a White Paper on the Advantages and Disadvantages of Six Alternatives, Including Contract and Due

March 09, 2012 — This white paper paper outlines various methods for acquiring distressed real estate in Florida, and the advantages and disadvantages of each. Essentially, it tracks the foreclosure process (i.e. from the initiation of the foreclosure

Circumventing the Perils of Ownership: A Lender’s Guide to the Receiver’s Power of Sale in Florida

August 01, 2010 — In this article, the authors explore both the benefits and obstacles inherent in appointing a receiver with a power of sale, as opposed to proceeding with a full judicial foreclosure or obtaining a deed in lieu of foreclosure.

Real Property Tax Exemption for Conservation Easements

April 10, 2010 — As you may recall, Amendment 4 to the Florida Constitution created an exemption from real property taxes for land subject to perpetual conservation easements or restrictions.

Purchasing Or Foreclosing On A Failed Project? You May Be a Successor Developer

March 11, 2010 — In the current economy, there are numerous instances where developers of projects in Florida are unable to either complete developments which were started during the economic boom, or sell out what is left of their completed development to end users.

Is the Doctrine of Caveat Emptor Dying in Florida?

January 01, 2010 — Caveat emptor — let the buyer beware — is a longstanding doctrine of american law which relieves sellers of property of the duty to disclose the property’s defects to buyers.  However, over the past few decades, Florida