Real estate acquisitions and sales

• Author: Steven F. Samilow
• Pages: 537-592

REAL ESTATE

ACQUISITIONS, SALES

7-1

CHAPTER 7

REAL ESTATE ACQUISITIONS,

SALES AND CIVIL ACTIONS

I. GENERAL POINTS

§7:01 Real Estate Acquisition—Initial Client Intake

§7:02 Attorney’s Role

§7:03 Florida Statutory Law

§7:04 Documents Should Show Marital Status

§7:05 Documents Should Show Homestead Status

§7:06 Recording Real Estate Documents

§7:07 Real Estate Documents Must Be in Writing

§7:08 Parol Evidence

§7:09 Remote Electronic Notarization

§7:10 Changes to the Notarial Certif‌icate

II. REAL ESTATE DOCUMENTS

A. Common Instruments

§7:20 Deeds

§7:21 Warranty Deed Versus Special Warranty Deed

§7:22 Quit Claim Deeds

§7:23 Execution Requirements for Deeds

§7:24 Words of Limitation Used in Deeds

§7:25 Conveyance of Homestead Property

§7:26 Mortgages

§7:27 Marketable Record Title Act

B. Other Instruments

§7:40 Special Deeds

§7:41 Homestead and Non-Homestead Aff‌idavits

§7:42 Temporary Lease

§7:43 Removal of a Contractor’s Lien

§7:44 Abandonment/Release of an Easement

§7:45 Contract for Deed

§7:46 Land Trusts

III. QUIET TITLE ACTIONS

§7:60 Def‌inition and Authority

§7:61 The Complaint

§7:62 Statute of Limitations

§7:63 Proof of Title

REAL ESTATE

ACQUISITIONS, SALES

Florida Small-Firm Practice Tools 7-2

§7:64 Mortgage Foreclosures

§7:65 The Judgment

§7:66 Attorney’s Fees

IV. FORECLOSURES

§7:80 Foreclosure Action

§7:81 Subsequent Mortgage Foreclosure Suits

§7:82 Lis Pendens

§7:83 Parties and Settlement

§7:84 Judicial Sale

§7:85 Redemption

§7:86 Impact of the COVID-19 Pandemic

V. ADVERSE POSSESSION/PRESCRIPTIVE EASEMENT

§7:90 Adverse Possession

§7:91 Burden of Proof

§7:92 Statute of Limitations

§7:93 Prescriptive Easement

VI. REAL ESTATE CLOSINGS

§7:100 The Purchase Contract

§7:101 Undisclosed Conditions

§7:102 Survey

§7:103 Title Insurance

§7:104 Role of the Title Agent

§7:105 Payoff of Existing Note and Mortgage

§7:106 Municipal Lien Search

§7:107 Condominiums

§7:108 TRID Rules for Residential Purchases

§7:109 Closing Disclosure Highlights

§7:110 Borrower Closing Disclosure

§7:111 Documents Required for Closing

§7:112 Determine the Property Taxes

§7:113 Obtain the Payoff Amount Owed to the Mortgagee

§7:114 Preparing for the Closing

§7:115 At the Closing

§7:116 After the Closing

§7:117 After Funding

§7:118 Send the Documents

§7:119 Short Sale Transactions

§7:120 U. S. Treasury Geographic Targeting Orders

FORMS

Form 7:10 Real Estate Intake

Form 7:20 Warranty Deed

Form 7:30 Bill of Sale

Form 7:40 Letter to Title Insurance Company

Form 7:50 Closing Cooperation Agreement

Form 7:60 Satisfaction of Judgment Lien

Form 7:70 Seller’s Closing Aff‌idavit

Form 7:80 Quit Claim Deed

Form 7:90 Trustee’s Deed

Form 7:100 Non-Homestead Aff‌idavit

Form 7:110 Release of Easement

REAL ESTATE

ACQUISITIONS, SALES

7-3 Real Estate Acquisitions, Sales and Civil Actions

Form 7:120 Declaration of Florida Land Trust and Trust Agreement

Form 7:130 Complaint to Quiet Title

Form 7:140 Temporary Residential Lease

Form 7:150 Release of Claim of Lien

Form 7:160 Mortgage Default Demand Letter

Form 7:170 Foreclosure Intake

Form 7:180 Foreclosure Complaint

Form 7:190 Notice of Lis Pendens

Form 7:200 Adverse Possession Complaint

Form 7:210 Adverse Possession Final Judgment

Form 7:220 Adverse Possession Script