Uniform Partition Of Heirs Property Act
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando Effective July 1, 2020, this new statute essentially provides a right of first refusal, allowing heirs property cotenants to purchase the property interests of cotenants seeking partition before the property is divided or sold. The law requires a court to determine the fair market value of the property, either through...Read More
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Curing/Correcting Minor Errors In Deeds
Effective July 1, 2020 deeds containing scrivener’s errors that convey title to the intended property as if there had been no error if: – the grantor held record title to the intended property at the time the deed containing the scrivener’s error was executed, – the grantor or the erroneous deed did not hold title to any other real property in the same subdivision,...Read More
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Contracting In The Age Of Coronavirus And Force Majeure: A Roadmap To Resolution
Since the COVID-19 situation has developed, our office has fielded questions from real estate agents, business owners, brokers, and clients as to how the pandemic will affect certain contractual rights and obligations. Force Majeure is a concept in contractual law which allows for the non-performance of certain contractual obligations. Specifically, force majeure enables a party...Read More
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Florida’s Newlywed Documentary Stamp Exemption
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando As you may be aware, Florida has a documentary stamp tax on the transfer of deeds. The tax is calculated at the rate of .007 times the purchase or value of the property. Newlyweds should consider adding their spouse to their real property. Now, under Florida statutes, there is no documentary stamps due on...Read More
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LANDLORDS MAY BE FINANCIALLY LIABLE FOR TENANT’S IMPROVEMENTS
By: Robert Garcia, Esq. of Barry L. Miller, P.A., Offices Orlando. For many, owning rental property is part of the American dream and a path to retirement. Receiving that monthly check is a source of pride and financially stability. However that financial stability can quickly be taken away as a result of improvements made by the tenant during his or her tenancy. While this may not be...Read More
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Taxation – Interspousal Transfer of Homestead Property
By: Barry L. Miller, Esq. Offices Orlando Effective July 1, 2019 Last year, Florida’s documentary stamp tax was eliminated from interspousal conveyances of homestead property when the conveyance occurred and was recorded within 1 year from the date of the marriage. This year, the legislature amended the statute further to eliminate the one year requirement. The updated language reads as...Read More
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LANDLORDS, ARE YOU EXPOSING YOURSELF TO LIABILITY? IS YOUR LEASE ENFORCEABLE?
May 9, 2019 By: Robert Garcia, Esq., of Barry L. Miller, P.A. Offices Orlando. Owning a rental property is a dream for most Americans. It is not only a symbol of achievement but many times a secured financial source of additional income....Read More
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The Foreign Investment in Real Property Tax Act, A Primer:
Many people wonder about FIRPTA and who is responsible for paying for FIRPTA when a foreign individual sells US real property. Many people wonder about FIRPTA and who is responsible for paying for FIRPTA when a foreign individual sells US real property. The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) requires the purchasers to withhold a portion of the purchase...Read More
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BARRY MILLER LAW REIGNS IN WIN AT FLORIDA SUPREME COURT RESULTING IN A FREE HOME FOR CLIENT
Nine years after a local family was about to lose their home, the Florida Supreme Court has ruled that their mortgage is extinguished and the lender is not entitled to foreclose on their home. Recently, Orlando attorney Barry Miller secured a victory that started during the 2007/2008 Financial Crisis. During the fallout from the Recession, a lender filed a foreclosure suit against the firm’s...Read More
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