New disclosure on deeds in Miami-Dade

Miami-Dade County now requires that, if you are a developer of new residential property in the county, and the property is subject to pending or existing a special taxing district, you must disclose that fact on the face of the deed, conveying the property to the buyer.  The statement on the face of the deed,

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Orange County Property Fraud Alerts

Phil Diamond, the Orange County Comptroller (the guy who oversees recordings of deeds, mortgages, and any other Official Records related to real estate and identity), announced today that his office now provides automatic alerts to subscribers who sign up for them. Using the office’s online system, subscribers can sign up to be alerted whenever a

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Seller financing and land trusts

We are often asked whether a land trust can be used in a seller-financing transaction to avoid the need for judicial foreclosure in the event of the buyer-borrower’s default. In such a scenario, the property would be conveyed at closing to a third-party independent trustee who would hold title to the property until the purchase

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Land Trusts and Asset Protection

Last week, I was a member of a panel of lawyers at Nuview IRA’s Planning for Prosperity 2016 conference. Afterward, an attendee asked me how a land trust provides any asset protection since they’re essentially just like revocable living trusts which can be pierced easily in a lawsuit. While somewhat correct, land trusts are not

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Org Charts for Small Businesses

We often form new business entities for clients. Most are limited liability companies, but there are still a few corporations, partnerships, and joint ventures every now and then. Most are owned by just one person or a couple of family members or friends. While the LLC operating agreement or the corporate bylaws and resolutions may

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E-mail Hacking Scams, REALTORs, and Closings

At least weekly, we receive an alert that hackers have found a new way to use social engineering or hacking to gain control of a lender’s, buyer’s, seller’s, REALTOR’s, or title agent’s e-mail account. Most communications regarding a real estate closing (settlement) are handled via e-mail among the parties. Once a hacker gains access to

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