NEW LAW: Flood Disclosures Now Required For All Sellers Of Property
By: Alexander Tanios, Esq., of Barry L. Miller, P.A., Offices Orlando Effective October 1, 2024, the Florida Legislature created Florida Statute 689.302 requiring all sellers of real property to disclose to any prospective purchaser specific conditions and history of the property before a sales contract is signed. The State of Florida has defined flooding for this statute as any one of...Read More
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EASEMENTS: New Florida Statutes Resolved Doctrine Of Merger Issue
By: Alexander Tanios, Esq., of Barry L. Miller, P.A., Offices Orlando Landlocked parcels of property can cause havoc for landowners. A landlocked parcel is a property that does not have direct contact to a public roadway by way of one of the property’s borders. One solution for a landlocked parcel is for the property owner bordering the public roadway to provide an easement for ingress,...Read More
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Legal Notices No Longer Required To Be Published In Newspapers
By: Barry Miller, Esq., of Barry L. Miller, P.A., Offices Orlando Governmental agencies are no longer required to publish legal notices in local newspapers or on their websites. Effective January 1, 2023, Florida law will no longer will require legal notices to be published in local newspapers. The revision to the law gives a governmental agency the option to publish its legal...Read More
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Protecting The Proceeds Of The Sale Of Homestead Property
By: Christian C. Walters, Esq., of Barry L. Miller, P.A., Offices Orlando Many of us who reside in the State of Florida know that homestead provides various protections to Florida Landowners. Florida’s homestead laws provide powerful tools to ensure that a family home is not the subject of a forced sale. What many people do not realize is, you can actually sell your homestead,...Read More
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Florida Remote Online Notarization Statute Changes
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando Florida Statute 117, which governs remote online notarization (RON), was amended and the following changes take effect on January 1, 2022: • A Florida online notary performing a RON closing shall select the technology to be used. No person, other than the notary’s employer, may require the notary to use a particular...Read More
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New CDC Order To Prohibit Evictions…..Maybe
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando The Center of Disease Control (CDC) announced that they will be publishing an Order on September 4, 2020 to restrict evictions through the U.S. This comes on the heels of Florida’s Governor extending the ban in Florida. According to reports, under the CDC guidelines if the tenant received an economic impact...Read More
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Deeds, Wills And Trust, Oh My!
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando What is the best way to plan? As the Covid 19 pandemic continues, many people are thinking about or revising their estate planning needs. There is not a one shoe fits all when it comes to your assets and planning. It is good to know that there are several affordable options. Here is an overview:...Read More
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Federal Protecting Tenants At Foreclosure Act (PTFA) Extended Into Florida Law
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando Protections of the federal Protecting Tenants at Foreclosure Act (PTFA), as of July 1, 2020 took effect as a state law if the federal act is repealed. Under the PTFA, a person who acquires a foreclosure property (“successor in interest”) must give the tenant at least 90 days’ notice before initiating an eviction. And if...Read More
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Witnesses No Longer Required For Leases To Be Valid Instruments
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando A change sought by the commercial real estate market removes the subscribing witness requirement for instruments conveying a leasehold interest in real property. This change is limited to leases and does not affect the requirement that deeds still require two subscribing witnesses. Barry Miller Law is familiar...Read More
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Florida Adopts The Uniform Commercial Real Estate Receivership Act
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando As of July 1, 2020, Florida has adopted the Uniform Commercial Real Estate Receivership Act and authorizes a court to appoint a receiver, who acting as the court’s agent, takes possession of, manages, and, in some cases, transfers or sells property that is in danger of waste, loss, or diminution in value. The law governs...Read More
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