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Protecting Tenants at Foreclosure Act (PTFA), as of July 1, 2020 took effect as a state law if the federal act is repealed.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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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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