REAL ESTATE CONTRACTS: Real estate purchase agreements

Installment (Land) Contracts
Leases with Options to Purchase
Subordination clauses
“Subject to” clauses
Due to sale clauses
Closing contingency clauses
Liquidated damages
Specific performance
Void, voidable, and unenforceable contracts

CONVEYANCES, TRANSFERS OF INTERESTS, ASSIGNMENTS, AND PERSONAL PROPERTY SALES

Deed conveyances
General Warranty deeds
Special (Limited) Warranty deeds
Quitclaim deeds
Assignments of mortgages
Due-on-Sale clauses
“Subject to” assignments
Subordination clauses

REAL ESTATE FINANCE

Residential and Commercial
VA and USDA funding
Fannie Mae and Freddie Mac funding
HELOCs
Shared appreciation
Fully Amortized loans
Fixed-rate mortgages
Adjustable Rate Mortgages
Hard money loans
Mezzanine financing
Bridge loans
EB5 (Foreign Investor) Funding
Wraparound mortgages
Balloon mortgages
Fully Amortized loans
Negative amortized loans
Leases with Options to Purchase
Land (Installment) Contracts
“Subject to” agreements
Mortgage assignments
Sandwich loans
Partnership and investor funding

FORECLOSURE: Refinancing (HARP)

Loan modifications (HAMP)
Pre-foreclosure
Lis pendens
Litigation
Deeds in Lieu of Foreclosure
Short Sales
Cancellation or satisfaction of mortgage
Foreclosure auctions and bidding
Foreclosure Sale Cancellations
Bankruptcy

LIENS AND ENCUMBRANCES

Florida’s Marketable Title Act
Tax liens
Construction (Maintenance or Materialman’s) liens
Senior and junior liens
HOA and CA liens
Judgment liens
Wild deeds
Lis pendens liens
Restrictive covenants
Negative easements
Improper and fraudulent conveyances of title
Quiet title actions

STATE, COUNTY, MUNICIPAL, AND LOCAL REGULATORY COMPLIANCE

Zoning compliance
Building and Housing Code Compliance
Environmental protection laws

CONDOMINIUM AND HOUSING ASSOCIATIONS

Articles of Formation, Amendments, and Bylaws
Regular and Special Assessments
Fines and Penalties
Association compliance
Breaches of Fiduciary Duty
Negligence
Breaches of Contract

TITLE INSURANCE

Title searches, abstracts, and attorney title opinions
Binder Commitments
Escrow services

LITIGATION

Pre-suit Demand letters
Negotiated settlements
Releases of claims and liabilities
Injunctions and declaratory judgments
Pleadings, motion practice, and discovery
Pretrial Conferences
Trial
Appeals

REAL ESTATE INVESTMENTS

Wholesales
Fix and Flips
Residential and Commercial rental properties
Section 8 Housing
Real Estate Investment Trusts
Cooperatives

PREMISES LIABILITY

Intentional torts, negligence, and strict liability
Duties to guests, invitees, and licensees
Attractive nuisances
Litigation mitigation policies and procedures

PROPERTY INSURANCE CLAIMS

Wood destroying organisms
Mold
Radon and lead-based paint
Water damage
Natural disasters
Hurricane deductibles
Riders and endorsements
HO-3, HO-5, and HO-8 Coverage
Replacement vs. Cash value

REAL ESTATE TAX CONSIDERATIONS

1031 Exchanges
Passive (unearned) income
Active (ordinary or earned) income
Gift taxes
Death taxes
Homestead exemptions
Tax deductions

ASSET PROTECTION AND ESTATE PLANNING

Wills
Non-discretionary trusts
Spendthrift trusts
Land trusts
Legacy trusts
Pour-over trusts
Living (Inter Vivos) Trusts
Business entities
Marital Agreements
Powers of Attorney
Litigation mitigation policies and procedures
Homestead protection
Annuities
Account receivables
Tenancy by the Entirety protection
Umbrella Insurance
Property insurance
Life insurance
Private mortgage insurance

REGULATORY COMPLIANCE

Florida Lending Act compliance
Dodd-Frank
RESPA
TILA
GLB
Fannie Mae and Freddi Mac
Debt collection and post-judgment enforcement
SEC Compliance

LANDLORD-TENANT LAW

Residential and Commercial Leases
Landlord and Tenant liability
FDCPA and FCCPA violations
Security deposits
Evictions
Constructive eviction
Holdover tenants
Subleases and assignments

LAND AND PROPERTY DISPUTES

Eminent Domain
Adverse possession
Encroachment
Nuisances
Prescriptive easements
Easements by necessity
Licenses