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Real Estate Law

Real Estate Law

The Victoria Law Group consists of competent and dependable attorneys and legal professionals who are highly knowledgeable in the field of real estate law.

Our team of legal professionals has assisted several residential and commercial clients with various legal matters associated with real estate including but not limited to the preparation and revision of contracts, acquisition of properties, refinances, foreclosures, deeds-in-lieu of foreclosure, short sales, landlord tenant disputes, eminent domain, leasing as well as enforcements and evictions.

Work With a Florida Real Estate Attorney

Buying or selling real estate is a major financial transaction, and it is important to protect your interests. A real estate attorney can help you do just that by providing legal advice and guidance throughout the closing process, in addition to Title Insurance, which is usually required by Lenders.

In Florida, you are not required to have an attorney to close a real estate transaction. However, there are several reasons why working with an attorney can be a wise decision. At The Victoria Law Group, we have collectively over fifty (50) years of Florida real estate law experience, and for areas in which we do not practice in directly, we have an extensive network of legal experts.

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1. Attorneys Have Substantial Knowledge of the Law

Closing agents are not lawyers, and they do not have the same level of knowledge of the law as an attorney. This means that they may not be able to identify potential legal problems or provide you with the same level of legal advice. Further, Florida attorneys are required to stay current on the law through Continuing Legal Education, and they are often members of the Section of the Bar of their area of expertise.
For example, an attorney can review the title insurance policy to make sure that it covers all of the risks associated with the property. They can also prepare and review the closing documents to make sure that they are fair and that your interests are protected.

2. Attorneys Can Protect Your Interests

Closing agents are typically working for the title company, and their primary goal is to close the transaction. This means that they may not be as focused on protecting your interests as an attorney.

An attorney, on the other hand, is working for you either as a Buyer or Seller, and their primary goal is to protect your interests.

3. Attorneys Can Help You Avoid Mistakes

The closing process can be complex and there are a lot of details that need to be taken into account. An attorney can help you make sure that all of the paperwork is completed correctly and that there are no mistakes.

This can save you a lot of time and money in the long run. If there are mistakes in the transaction paperwork, it can delay the closing or even invalidate the transaction. An attorney can help you avoid these problems by making sure that everything is done correctly.

4. Attorneys Can Provide Peace of Mind

Buying or selling real estate is a stressful experience, and it can be helpful to have someone who can take care of the legal details for you. An attorney can provide you with peace of mind knowing that your interests are being protected.

Attorneys at The Victoria Law Group can also answer any questions you have about the closing process and explain what to expect. This can help you feel more confident about the transaction and make the process go more smoothly.

5. The Cost of an Attorney is Typically No More Than a Closing Agent

Many people think that it is too expensive to hire an attorney to close a real estate transaction. However, the cost of an attorney is typically no more than the cost of a closing agent. Plus, attorneys usually work closely with their qualified paralegals, so that they have an extra set of eyeballs reviewing the documents involved in the transaction. Essentially, more experienced reviewers for the price of one experienced reviewer.

In fact, in some cases, the cost of an attorney may be less than the cost of a closing agent. This is because attorneys can often negotiate discounts on title insurance and other closing costs.

6. Purchase Price Question

The Purchase Price of a piece of real estate in Florida is usually negotiated between a Buyer and Seller with the help of a Real Estate Broker. Attorneys usually do not get involved in determining price unless asked specifically by the Client.

We realize that sometimes Sellers wish to sell their property without the help of a Real Estate Broker as a cost saving measure. We do not advise this approach, but realize it happens. At The Victoria Law Group, we can help Sellers determine the fair market value of a piece of property by providing a market analysis at an additional cost.

However, we always realize, the value of a piece of real estate is what a willing Buyer is willing to pay for it. That is the way the market works. In Florida, pricing often goes against market principles because we have so many foreign buyers willingly escalating the price of Florida real estate.

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Conclusion

There are many reasons why working with an attorney to close a real estate transaction in Florida can be a wise decision. Attorneys have more knowledge of the law, they can protect your interests, they can help you avoid mistakes, and they can provide peace of mind.
The cost of an attorney is typically no more than the cost of a closing agent, and in some cases, it may even be less. If you are buying or selling real estate in Florida, I recommend that you consider working with an attorney to close the transaction. Of course, attorneys from The Victoria Law Group are always willing to have a conversation with you about Florida real estate.

Additional Information

In addition to the benefits listed above, working with an attorney to close a real estate transaction can also provide you with the following:

Peace of mind

Knowing that your interests are being protected by an experienced professional can give you peace of mind during the closing process.

Confidence

Having an attorney by your side can
give you the confidence to ask questions and understand the closing
process.

Knowledge

An attorney can help you understand the legal implications of the closing process and make sure that you are making informed decisions.

If you are considering working with an attorney to close a real estate transaction, be sure to contact a qualified law firm to discuss your specific needs.

Practice areas

Representation in our Real Estate Practice area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.

Real Estate Law

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Due Diligence

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Evictions

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Foreclosures

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Real Estate Law

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Due Diligence

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Lease Agreements

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Mortgage Fraud

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Landlord / Tenant Matters

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Lease Agreements

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Mortgage Fraud

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Real Estate Litigation

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Title Insurance

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Transactions and Closings

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Real Estate Law FAQ

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About Us

Our ideal clients are great people.  People, not multinational corporations, people.  And by great people we mean people who believe in integrity and practice it every day, rich, poor, or middle class.…

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80 SW 8th St #2000, Miami, FL 33130, USA
West Palm Beach, FL 33401, USA
Miami : (305) 602-9099
Palm Beach : (561) 342-7310
Sao Paulo : 011-3042-5607
info@TheVictoriaLawGroup.com We reply within 24 hours

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Real Estate Law

The Victoria Law Group consists of competent and dependable attorneys and legal professionals who are highly knowledgeable in the field of real estate law. Our team of legal professionals has assisted several residential and commercial clients with various legal matters associated with real estate including but not limited to the preparation and revision of contracts, acquisition of properties, refinances, foreclosures, deeds-in-lieu of foreclosure, short sales, landlord tenant disputes, eminent domain, leasing as well as enforcements and evictions.

There is no case too complex for The Victoria Law Group to handle. We understand Miami Real Estate; we were built for Miami Real Estate. We know how important the real estate industry is to the global economy and we work hard to provide our clients with the best solution for all their legal needs.

Representation in our Real Estate Practice Area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.

Due Diligence

Due diligence is very important for anyone considering buying properties. It is the process of investigating the potential investment equivalent of the property being purchased and involves the analysis of the purchase price requested by the seller; inventory of relevant properties which includes furniture, fixtures, leasehold improvements, transferability of licenses and equipment or leasehold improvements; and real estate tax linked to the property being sold.

The Victoria Law Group guarantees thorough review of these matters and to assist you with any legal issues which may arise, such as a breach of contract. Our legal team will not only handle the title search but the preparation and review of all the closing documents as well as any necessary litigation so as to free you from any potential legal worries and concerns.

The Victoria Law Group offers this as an additional service to their clients who wish to guarantee that the property being offered to them is worth the price they are willing to pay. Very few law firms offer this type of service but this is a way for our company to demonstrate how committed we are to giving valuable assistance to our clients.

Evictions

The Victoria Law Group represents both commercial and residential landlords, as well as tenants during any eviction process. Our group of lawyers is well-educated and experienced in handling these matters. We can file one or more of the following types of eviction cases on behalf of either the landlord or tenant:

a. Breach of contract
b. Nuisance
c. Negligence
d. Emotional distress
e. Constructive or unlawful eviction
f. Breach of warranty of habitability
g. Violation of the Florida Deceptive and Unfair Trade Practice Act

Foreclosures

Foreclosure is a delicate and sensitive matter for all parties involved and one of the worst conditions any property-owner could experience. It is for this reason that we strive to handle these cases in the quickest and most effective manner possible saving our clients both time and money. The Victoria Law Group handles cases on behalf of lenders foreclosing on the mortgage and note, as well as providing defense to homeowners where there is no conflict of interest.

When representing either lenders or homeowners we are able to not only handle the foreclosure process, but are able to help minimize costs by assisting you with possible alternatives, including any of the following options:

Lease Agreements

The Victoria Law Group has highly qualified attorneys who effectively provide knowledgeable advice to landlords as well as tenants concerning all leasing matters, including the review and/or preparation of lease agreements for both residential and commercial clients. Whether it be concerning renewal, foreclosure, eviction or new contract formulation our attorneys can provide you with legal services to bring you optimal results.

Our firm can also handle representing you in any and all lease agreement disputes that may arise, fast and efficiently. Lease agreement issues are not easily be resolved unless handled by a competent real estate attorney, who can assist landlords and tenants with these matters.

Mortgage Fraud

Mortgage Fraud is a serious theft crime which can occur during any time of a real estate transaction. This type of fraud is the act of intentionally providing fraudulent information on a mortgage application for the reason of obtaining more favorable terms for the requested mortgage loan and depending on the details of the case, individuals may be subject to both criminal and civil penalties.

Parties most commonly involved in these types of cases include mortgage brokers, bankers, banking institutions, developers, buyers, sellers, appraisers, and even lawyers. If this type of case is filed against you, then it is in your best interest to obtain an effective defense counsel who can provide you with strong defensive strategy to free you from grave penalties. It is the goal of The Victoria Law Group to resolve the matters quickly and effectively.

Landlord / Tenant Matters

The Victoria Law Group is experienced in assisting landlords and tenants with any legal issues that may occur in this area of law. We offer our clients effective court representation which will manage any landlord or tenant dispute, including but not limited to any of the following:

Lease audits
Nuisance Claims
Exclusivity Disputes
Summary Proceedings
Disputes between co-tenants
Claims for Security Deposits
Breach of Lease Agreements
Wrongful or Constructive Evictions
Condemnation and Destruction of Premises
Enforcement and Defense of Rent Escalation Provisions
Vacating of Premises and Abandonment of Personal Property

We value our clients and provide only honest legal advice and recommendations. We will take the immediate necessary actions in order to resolve your real legal issues.

Real Estate Litigation

Real Estate law is a complex body of regulations which is not easily grasped by someone who is not knowledgeable and skilled in this field. The Victoria Law Group has a group of experienced real estate attorneys who have represented various residential and commercial clients both foreign and domestic. We have been involved in the prosecution and defense of numerous cases in the area of Real Estate law. We can assist you with any real estate matter no matter how complex and unusual it may be. Some of the cases we have handled include the following:

Nuisance Claims
Partition actions
Premises Liability
Restrictive Covenants
Specific Performance
Homestead Litigation
Condominium Litigation
Interstate Land Sale Act
Mortgage and Lien Foreclosures
Quire Title and Ejectment Actions
Zoning and Unsafe Building Litigation
Real Estate Fraud and Non-Disclosure
Historic Building and Landmark Designation Contests

Title Insurance

There is no case too complex for The Victoria Law Group to handle. We understand Miami Real Estate; we were built for Miami Real Estate. We know how important the real estate industry is to the global economy and we work hard to provide our clients with the best solution for all their legal needs.

Representation in our Real Estate Practice Area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.

Transactions and Closings

The Victoria Law Group has the ability to handle a client’s real estate matter from beginning to end, and to smooth the bumpy road along the way. Real estate transactions can be complex, especially when it comes to closings. Certain legal issues must be resolved prior to closing and the issuance of a title insurance policy. In order to insure a stress free closing, it is best to have a highly competent Real Estate lawyer manage this transaction for you. Attorneys and Legal Specialists at The Victoria Law Group are proficient at drafting and negotiating, as well as preparing conveyance documents, closing statements, loan documents, deeds and issuing title insurance.

Our team guarantees outstanding service, which includes timely meeting deadlines. We strive to keep you updated and informed throughout the entire process and notify you immediately of any potential problems or delays, which we will resolve in the quickest and most efficient manner so you can keep your mind at ease from legal worries. We will safeguard your interest to ensure that your future is well protected.
There is no case too complex for The Victoria Law Group to handle. We understand Miami Real Estate; we were built for Miami Real Estate. We know how important the real estate industry is to the global economy and we work hard to provide our clients with the best solution for all their legal needs.

Representation in our Real Estate Practice Area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.

Real Estate Law FAQ

In Florida, the mortgage foreclosure procedure is judicial in nature and begins when the lender files a notice of Lis Pendens after the borrower has become delinquent on their payments as required by the terms of the mortgage. If the borrower fails to respond to the lawsuit or cannot repay the balance due, the court will enter judgment in favor of the lender and issue a notice of sale. The notice must contain a contact person, legal description of the property, the case number, date, time and place of sale, and the terms of sale. The auction will then typically take place thirty (30) days after the judgment on the courthouse steps. The purchaser will receive a Certificate of Sale after paying the amount due in full.
Yes. Under Florida law, a borrower has up until the day of sale to exercise their right of redemption. In order to properly exercise that right, the borrower must pay the entire amount owed. Once the Certificate of Sale is issued to the new buyer, the previous borrower’s right of redemption expires.

Mortgages are a type of loan that are very personal in nature. At the time of signing your mortgage documents you signed a promissory note. Should your encumbered home sell for less than you owe to your lender, the lender is entitled to go after you personally for a Deficiency Judgment in order to satisfy the entire debt. The recent trend has been that lenders do not go after borrowers for the deficiency judgment, however, there appears to be an indication that some lenders may begin to pursue deficiency judgments on foreclosed borrowers.

A loan modification is a renegotiation of your mortgage terms with your lender. Terms like interest rate, principal amount, monthly payment, and amount of payments can all be brought up in a loan modification. Banks are finally starting to respond to the demands of borrowers, and are even granting principle reductions as part of a loan modification in some instances.

Unlike a short sale which can have a negative impact on both your credit rating and tax history, engaging in a loan modification typically does not. Credit consequences will depend on how the bank reports the modification. We would advise you to speak to a tax professional to get a better understanding of your tax consequences under a loan modification.

First off, you should avoid companies that request a large up-front fee for their services.. Likewise, try and avoid dealing with companies that make unconditional guarantees about their ability to save your home or reduce interest rates. If you have any doubt regarding your anticipated choice in foreclosure defense company, call the Florida Attorney General Hotline at 1-866-966-7226.

Although there are certain, very limited circumstances where you might be able to cease making mortgage payments, which you would absolutely want to discuss with a licensed Florida attorney, it is generally not a prudent idea to abandon your obligations under your loan agreement with your lender. Be wary of a company that instructs you to do so.

According to the Office of Financial Regulation, loan modifications do not fall under the scope of their regulatory authority. What this means is that mortgage brokers are regulated by Florida Statute 501.1377. The statute prohibits brokers from charging an up-front fee in any form. The fees must be billed after services are rendered.

A short sale occurs when the fair market value of a mortgaged property is less than the mortgage owed on it, and the lender then approves a sale that is less than which is owed so as to minimize their losses on the property. The deficiency in the amount owed on the mortgage must still be paid; but lenders may be willing to negotiate the obligations with regards to the deficiency judgment.