About us

- Florida Homestead & the save our homes cap -

For most of us, a real property transaction involving either a sale or a purchase of residential or commercial property is either the largest, or one of the largest, monetary transactions in which be become involved. Therefore, it seems the wisest course of action is always to retain a real estate attorney to advise you. The best time to retain a real estate attorney (or any attorney for that matter) is before you sign a contract. However, if you have already had a realtor prepare your contract, and this is quite typical in residential real estate transactions, you should still consider having your own attorney represent you at the closing, or at least have him or her review the closing documents in advance of the closing. Since we are a real estate attorneys, we usually want to prepare all the closing documents, such as the contract, closing statements, appropriate affidavits and compliance agreements in our office. We also want to have the mortgage lender send us any mortgage loan documents and loan monetary figures so we can include them on the closing statements and then go over them with our clients. We do this for both Sellers and Buyers since in our opinion; it just seems to work better that way.

If you are purchasing real property, We believe it is of the utmost importance to obtain title insurance and this is true even if you are purchasing a new home that was built by the builder for you. It is the safe and secure way to purchase real estate. There can be outstanding claims or liens about which even the developer/builder may have no knowledge. Title insurance is the single most effective and least costly way to protect the owner of real property be residential or commercial. We like to explain it this way: institutional mortgage lenders require what is known as a mortgagee title insurance policy as part of the due diligence they must perform prior to advancing funds. This is a type of title insurance policy that insures the mortgage lender that it has a valid mortgage and that it is prior to any other liens (other than those the lender has already taken into account). A mortgagee policy protects the lender’s mortgage but does not protect the landowner. So, if a mortgage lender requires a title policy, should that, in and of itself, not convinces a buyer that he/she/they must have their own policy of title insurance? We think it certainly does.