Real Property Law

Allen Law, P.A. represents individuals seeking advice and representation in real estate legal matters.  This area covers issues relating to the purchase, sale, ownership, and rental of real property.

• Foreclosure Counseling and Defense
• Landlord and Tenant Issues
• Real Estate Transactions
• Real Estate Litigation
• Condominium/Homeowner's Association
• Quiet Title Actions
• Mechanic's Liens

Foreclosure Counseling and Defense

When individuals are faced with financial hardship, they may fall behind on their mortgage payments.  If an individual has stopped paying for several months, the lender will accelerate the entire mortgage debt owed and will initiate legal foreclosure of the property.  Individuals may benefit from legal advice as to any potential defenses that they may have against the lender.  In addition, Allen Law, P.A. helps individuals negotiate workout options with lenders in order to seek a modification or restructure of the mortgage.  As an alternative, individuals may consider other options, such as a short sale or a deed in lieu of foreclosure.  Depending on an individual’s specific circumstance, bankruptcy may also be a good option.

Once a foreclosure complaint has been served, individuals have 20 days to formally serve an answer to the complaint.  Allen Law, P.A. can assist individuals at any step of the foreclosure process.  As the foreclosure case progresses, the property will eventually be sold at a public auction, and the proceeds will then be applied against the debt owed on the mortgage.  If the property is sold for less than the amount owed, a deficiency judgment will be granted against the individual, who remains responsible for the balance owed.  Allen Law, P.A. attempts to work with clients to determine their best options given their individual situation.  A free* initial consultation is offered so that individuals can discuss their specific case.

Back to top of Real Property Law

Landlord and Tenant Issues

Florida law and leasing agreements regulate the terms and conditions of residential tenancies.  Typically, the most common cause of litigation between tenants and landlords is the non-payment of rent or the lack of proper maintenance of the property.  Allen Law, P.A. represents landlords in eviction proceedings.  Tenants may also benefit from legal advice if their rental property becomes uninhabitable and may seek to withhold rent payments.  Tenants may also have a cause of action for constructive eviction.  Please contact us for a free* initial consultation to discuss landlord/tenant issues.     

Back to top of Real Property Law

Real Estate Transactions

Allen Law, P.A. provides legal advice in preparing or reviewing documents, such as mortgages, promissory notes, warranty deeds, quit claim deeds, easements, and other transactional documents. It is recommended that an attorney review the contract for the sale of property, ensuring that any contingencies that may exist will allow the person to obtain a refund of their earnest money deposit, if he or she is unable to obtain financing. When executing a mortgage, individuals must keep in mind that the terms of a mortgage will govern their obligations to the lender for a period of about 30 years. It is important to know whether the interest rate on the mortgage is fixed, variable, or whether it is a balloon mortgage, which may cause a borrower to default in the future. Many of the closing documents involve completion of pre-printed forms, but the details of a particular transaction may need to be amended in order to protect the buyer or seller. Allen Law, P.A. can also negotiate on behalf of sellers or buyers in real property transactions. Please contact us for a free* initial consultation.

Back to top of Real Property Law

Real Estate Litigation

When a person signs a contract of sale of property, it becomes a legally binding document which governs the process from the initial offer and acceptance through the closing. However, situations may arise where either party may breach the contract. Allen Law, P.A. provides representation to individuals seeking pre-litigation remedies. If formal demands do not provide the desired remedy, a lawsuit will be filed to enforce any judicial remedies that are available to the party in the given situation. There may be remedies available to the buyer, which are not available to the seller, and vice versa. A free* initial consultation will allow you to meet with an attorney to discuss your individual case and determine whether you would benefit from legal representation.

Back to top of Real Property Law

Condominium/Homeowner's Association

Allen Law, P.A. provides legal counseling in the areas of homeowner's and condominium associations. As an owner of a property governed by an association, you may be required to abide by specific rules, regulations and covenants that govern the entire community. Some issues that may arise are the association's levy of assessments, maintenance and repair issues, and review and approval of plans for proposed projects. Allen Law, P.A. provides free* initial consultation to discuss your individual situation and determine whether you could benefit from legal representation.

Back to top of Real Property Law

Quiet Title Actions

If there is a dispute as to the ownership of a particular property, Allen Law, P.A. can file a quiet title action to determine the correct ownership of the property and to clear the title. In addition, some properties may have judgment liens or second mortgages which may have been paid, but have not been legally removed from the property via a proper satisfaction. A buyer of a property will seek removal of all judgment liens, and this will usually occur prior to the sale of a property. A quiet title action serves as a common method to remove liens and other encumbrances. Allen Law, P.A. provides representation to individuals seeking to remove liens or file satisfaction of mortgages to clear the title of the property in order to make the title marketable.

Back to top of Real Property Law

Mechanic's Liens

In construction projects, building contractors may need to make sure that they are paid for their labor and materials. An attorney can assist contractors in filing and attaching a mechanic's lien to the property. Once a mechanic's lien attaches to the property, it operates as a claim against the property which can ultimately result in foreclosure proceedings. Mechanic's liens can even be attached against homestead property, because the building contractor's labor and materials were used to improve the property. Allen Law, P.A. provides free* initial consultation for individuals seeking to attach or remove such liens against a property.

Back to top of Real Property Law