Equitable Liens Sometimes a person contributes either money or valuable improvements to someone's property, in exchange for a verbal promise they will receive something in return, such as an ownership interest in the property, repayment, or a part of the proceeds upon sale. Although there is nothing in writing, the party who lent the money [...]

Fraud In a real estate context, “fraud” refers to any number of situations where an individual is misled into entering into a transaction by the other party using lies, deception, or concealment of the true facts, and as a result, the person does not get what they bargained for. Fraud often involves one person taking [...]

Quieting Title A “quiet title” lawsuit is to “wipe clean” the title to real property. This type of action is filed when there is a serious title problem or “cloud” on the title which renders the title unmarketable (meaning you are unable to pass title or obtain a mortgage because of the cloud). The cloud [...]

Real Estate Defects Litigation When real estate is sold in Florida the seller is obligated to inform the buyer of any defects of which the seller knows which are not readily observable, and which materially affect the value of the property. That may be a leaky roof, a septic tank which backs up, a yard [...]

Enforcement of Real Estate Contracts (Specific Performance) If a buyer is ready, willing and able to close on a parcel of real property, but the seller refuses to close, the buyer has a right to force the seller to sell by filing a lawsuit for Specific Performance. In such a lawsuit, the buyer asks the [...]

Contract Disputes Attorney David A. Silverstone, in south Florida can help you with any issues related to contract disputes. A contract for the sale of real estate contains many promises on behalf of both buyers and sellers. There may be disputes over return of the deposit if a deal does not close. There may be [...]

Evictions (Residential and Commercial) Florida law has landlord tenant laws which are strictly construed by the courts. The procedures stated in those laws must be followed in order to enforce the rights of either landlords or tenants. A real estate attorney with a thorough knowledge of Florida’s landlord and tenant law is needed to effectively [...]

Foreclosure Defense Mortgages are held by banks, institutional lenders, and individuals. If the borrower has failed to make payment when due, a lender is permitted to file a foreclosure lawsuit which will result in the property being sold at public auction. Borrowers can keep the property if they can come up with sufficient funds to [...]