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Can a Tenant Withhold Rent?

A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to cure the non-compliance, violations, or default of its obligations. Failure to send the required notice to the Landlord has significant impact on a Tenant’s rights under the rental agreement and Florida Statute.

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

A Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, must be filed in family law cases involving dependent or minor child(ren).  It must be filed in any case involving parental responsibility for, custody of, or time-sharing or visitation with, any minor child(ren). This affidavit is required even if the parental responsibility for, custody of, or time-sharing or visitation with, the minor child(ren) is not in dispute.

Family Law Financial Affidavit-Short Form 12.902(b)

This form (Family Law Financial Affidavit-Short Form 12.902(b) should be used when you are involved in a family law case which requires a financial affidavit
and your individual gross income is UNDER $50,000 per year unless:
(1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived
the filing of a financial affidavit;
(2) You have no minor children, no support issues, and have filed a written settlement agreement
disposing of all financial issues; or
(3) The court lacks jurisdiction to determine any financial issues.

Family Law Financial Affidavit -Long Form 12.902(c)

This form (Family Law Financial Affidavit-Long Form 12.902 (c)) should be used when you are involved in a family law case which requires a financial affidavit
and your individual gross income is $50,000 OR MORE per year unless:
(1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived
the filing of financial affidavits;
(2) you have no minor children, no support issues, and have filed a written settlement agreement
disposing of all financial issues; or
(3) the court lacks jurisdiction to determine any financial issues.

Unsigned Emails and Text Messages Do Not Constitute a Fully Executed Contract For the Sale of Real Property as Required by the Statute of Frauds

Unsigned Emails and Text Messages Do Not Constitute a Fully Executed Contract For the Sale of Real Property as Required by the Statute of Frauds.

In the case of Walsh v. Abate, 47 Fla. L. Weekly D702 (Fla. 4th DCA 2022) , the Fourth District Court noted in a case for a contract for the sale of real property, the statute of frauds requires that, “the contract must be a writing signed by the party against whom enforcement is sought,” and “the writing must contain all of the essential terms of the sale and these terms may not be explained by resort to parol evidence.”  (Citing Fox v. Sails at Laguna Club Dev. Corp., 403 So.2d 456 (Fla. 3d DCA 1981).

Vacant Lot Scams

Vacant lot scams.  There has been a significant increase in the number of fraudulent sales of vacant lots.  Commonly these lots are free of a mortgage and the owners live outside of the U.S.  Fraudsters posing as the seller will contact a real estate agent and ask for assistance in finding a buyer for a quick sale. A contract is entered into and the closing is referred to a [title company]. All communication with the seller is via email.  No phone calls!  The closing documents will be handled as a “mail away” and the seller often says they will be signing in front of a notary at the U.S. Consulate or Embassy.  These are very common!  Be on the alert for these situations.

 

Excepts taken from Melissa Jay Murphy Executive Vice President, Chief Legal Officer, and General Counsel of the Attorney Title Fund Article 4/18/2022

Cyber Fraud

Recent Cyber Fraud

Cyber fraud update.  Here’s the update:  cyber fraud is getting worse!  In just the past week, the Attorney Title Fund has reported that it has spoken with two Fund Members who had extremely close calls with an attempted wire diversion involving significant amounts of money.  One was able to get the money back because of quick action by their office; the other Member avoided it completely by spotting suspicious email addresses used by the fraudster.  The Attorney Title Fund is putting more energy toward helping its members avoid these situations.   They have updated the information on the website.   The Fund now have phone numbers for the regional Secret Service offices.  They have an updated rapid response plan that Members must get familiar with.

Tips

  1. The Fund have encouraged its members to have a rapid response plan tailored their office.  This means having the phone number of the Member’s bank (the sending bank) handy AND the direct line for the security officer.  Get to know them.  Make sure the bank understand that you need to be able to reach them if you suspect a wire has gone out to a fraudster.
  2. Please realize that there is very high level of market anxiety on the part of buyers – because of the limited number of homes on the market, buyers are very, very motivated to make sure they do everything “right” to make sure the deal closes.  This makes them very vulnerable to fraudster emails.  Therefore, the closing agent should establish a relationship with the buyer if they are going to be communicating with them about the transfer of funds.
  3. Real estate agents are also experiencing high anxiety for the same reason:  the number of homes on the market is so limited.  And they are not educated on these scams.  Make sure you regularly talk with your referral partners about this situation and educate them on how the fraudsters operate to insert themselves into a transaction.
  4. Lastly, closing agents should educate themselves about how they can implement some protocols in their office on the technology side.  Use multifactor authentication whenever an employee signs in to your system.  Educate yourself on how to check to see if rules have been imbedded in your email account without your knowledge.  CHANGE YOUR PASSWORDS OFTEN.  And consider the low-tech alternative:  TALK TO PEOPLE ON THE PHONE.

 

Excepts taken from Melissa Jay Murphy
Executive Vice President, Chief Legal Officer,
and General Counsel of the Attorney Title Fund Article 4/18/2022

 

Scam Involving Sale of Vacant Lots – it is still with us!

Alert – Scam Involving Sale of Vacant Lots – it is still with us!

Alert - Scam Involving Sale of Vacant Lots – it is still with us!

04/12/2022- The Fund News

Partition and Sale of Jointly Owned Property

What is Partition of Real Property?

When two or more co-owners of real property disagree over its use or management, one mechanism to resolve such disagreement is by partition. Partition of real property is a formal legal proceeding governed by Chapter 64, Florida Statutes. There are two types of partition: (i) partition “in kind,” where legal title to the property is divided among the owners in an equitable manner (i.e., each owner will own a fraction of the divided property); and (ii) partition by sale, where the property is sold at auction and the proceeds are equitably distributed among the owners (i.e., each owner will receive a share of the proceeds). Partition by sale may occur if the court concludes that partition in kind cannot occur without prejudice to the owners. In the case of a partition by sale, the court may order the associated fees and costs to be paid out of the sale proceeds. In addition, any state, county, and municipal taxes due at the time of the sale must be paid from the proceeds.

When Is Partition Appropriate?

Co-owners of real property often disagree about the use, management, or other aspects of real property ownership. Perhaps one owner desires to sell the property for an immediate profit, but another owner wants to wait to see if the property will further appreciate. Maybe one owner intends to develop unimproved real property, but the other owner wants to keep the property in its natural state for recreational purposes. Perhaps the property is encumbered by a mortgage, and the co-owners cannot agree about whether to pay off mortgage debt or refinance debt. If co-owners cannot resolve such matters among themselves, then formal partition may be appropriate.

Who May File for Partition?

A lawsuit for partition may be filed by either a natural person or a corporate entity. The lawsuit may be filed by one or more joint tenants, tenants in common, or coparceners (joint heirs), or others interested in the lands to be divided. However, a lawsuit for partition may not be filed by one married spouse against another if the married couple owns the property as tenants by the entireties.  Dissolution of the marriage transforms the property ownership into tenants in common, and thereafter the property may be partitioned. In addition, interests which are merely successive, and not concurrent, are not partitionable.  This means that a remainderman may not maintain an action for partition against the holder of a life estate (and vice versa).

While the general rule is that partition of real property by a co-owner is a matter of right, the right to partition may be waived by agreement.  Nevertheless, an agreement not to partition must be for a reasonable and definite period of time and not otherwise unduly restrictive.

Where is the Partition Lawsuit Filed?

The lawsuit for partition must be filed in the county where the real party or any part thereof is located. Partition is an in rem cause of action and is subject to the local action rule, notwithstanding where the co-owners reside.  Where the lawsuit for partition cannot be personally served on a co-owner, service of process by publication is permitted by Section 49.021, Florida Statutes.

 

The Truth Will Rise Again!

“Truth crushed to the earth will rise again.” –Dr. Martin Luther King, Jr.

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