What Happens if a Claim is Filed Against My Title?

by Isaac Benmergui, Esq on November 25, 2014

What happens if a claim is filed against my title?All real estate has a title, which is the document recording ownership of the land, any judgments against the ownership, and any rights or restrictions that come with ownership of the land. When you buy a piece of real estate, a title search is done to try and uncover any of these restrictions and problems before a new owner takes possession of it.

If you buy a piece of land and discover that the title is not clear, usually called a “defective title,” that could mean a few different things. A clear title is free of any judgments (debts to another party), taxes, mortgages, or restrictions to the land. If you buy a piece of land and learn that there is a judgment on the land, that means that someone else believes they were owed a portion of the value and did not receive it.

When you assume the title, you are also assuming that problem. In the event that a claim is made against your title, you may have to go to court, pay a judgment to keep your land, or you could lose your real estate while retaining the liability for the mortgage on the property.

If a claim is brought against your title, you cannot sell the property until the matter is resolved. Most mortgage companies require buyers to purchase title insurance to avoid unforeseen issues arising from title errors or fraud. These policies protect the owner by insuring against loss or damage from a defective title.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

What is Needed to Transfer a Real Estate Title?

by Isaac Benmergui, Esq on November 24, 2014

 What is needed to transfer a real estate title?If you’ve ever sold a car yourself, you know that transferring a car title is as easy as signing a piece of paper. But when you sell a home, piece of land or other real estate, transferring the title is anything but straightforward. Why are the two so different?

During the course of owning a piece of land, many additional rights can be acquired, and different changes can be made to the property. You may build an addition onto the structure, put up a fence, landscape, or find out that you are sitting on some valuable water, minerals, or other natural resource. All of these things impact the land title. When you transfer a piece of land, the buyer will want a clear title. This means there are no unsatisfied mortgages, outstanding judgments, unpaid taxes, or land use or other restrictions on the title of the land. These restrictions are problematic because they mean that another party could come along and claim ownership of land that a buyer thought they owned.

A title search is used prior to transferring the title of real estate to try and uncover and resolve any of these problems before a sale is completed. However, there are additional problems that may not show up on a title search, including clerical errors, fraud, forgery, defective deeds, and other rare issues. The only protection against these “hidden hazards” is title insurance, which protects the buyer in the event of an unforeseen claim.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

Fair Housing Laws in Florida

November 21, 2014

The Federal Fair Housing Act prohibits discrimination of individuals based on several factors, including sex, race, color, natural origin, religion, handicap, or familial status. Discrimination can be much more, or subtler, than just refusing to rent a dwelling.

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Golf Ball Hazards in Florida

November 20, 2014

Golf Ball Hazards in FloridaThe State of Florida is home to more than 1,400 golf courses—the most gold courses of any state in the entire United States. That many golf courses means a lot of golf course communities with beautiful views—and the hazards of wayward golf balls.

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What is the Homestead Exemption in Florida?

November 19, 2014

What is the Homestead Exemption in Florida?A homestead exemption is part of the federal bankruptcy code, but each state defines a homestead differently. This difference matters when you are filing for bankruptcy, since the amount of your homestead exemptions determines if you are able to keep your home or not.

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