Legal FAQs

What is an ISA in Real Estate?

An ISA, or Inside Sales Agent, generates and qualifies real estate leads, follows up with prospects, and sets appointments for agents. ISAs are best licensed as agents so they can assist leads more fully.

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Real Estate

What Is the Timeline for the Eviction Process in Florida?

In Florida, eviction can take a few days to a few weeks.

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Real Estate

What Is a Correction Deed?

A correction deed is a legal document that fixes minor errors in an already recorded deed, such as a misspelled name or a flawed property description. It does not change the ownership or warranties in the original deed.

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Real Estate

What Is a Homestead Affidavit of Decedent Interest?

This Florida affidavit lets a surviving spouse take half the interest in a homestead as a tenant in common with the decedent's descendants, waiving the life estate. It is irrevocable once it has been filed.

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Real Estate

What Is a Disclaimer of Interest?

Under Florida's Uniform Disclaimer of Property Interests Act, a beneficiary may decline an inheritance in whole or in part. The disclaimer is signed, witnessed, and recorded like a deed, and cannot be reversed.

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Real Estate

What Is a Durable Limited Power of Attorney for Real Estate?

A Florida Durable Limited Power of Attorney for Real Estate appoints an agent to act on your behalf in property matters, from a single closing to mortgages, deeds, and leases. It must be witnessed and notarized.

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Real Estate

What Is a General Warranty Deed?

A warranty deed transfers title from seller to buyer with the seller's guarantee that they lawfully own the property, have the right to sell it, and that the title is clear of liens, mortgages, or other encumbrances.

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Real Estate

What Is a Lis Pendens?

A Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.

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Real Estate

What Is a Mortgage Instrument and Promissory Note?

Florida state law empowers promissory notes to create a precise, legally binding record of a loan – such as a mortgage – and the borrower’s obligations regarding repayment of the loan.

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Real Estate

What Is a Mortgage with Assignment of Rents and Promissory Note?

A Mortgage with Assignment of Rents and Promissory Note can be used for the financing of rental properties in the state of Florida.

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Real Estate

What Is a Notice of Contest of Claim Against a Payment Bond?

A Notice of Contest of Claim Against Payment Bond is a Florida document a contractor uses to dispute a claim for payment of labor, services, or materials. Once served, the lienor has 60 days to file suit.

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Real Estate

What Is a Notice of Lien Prohibition?

A Florida Notice of Lien Prohibition tells potential claimants that a tenant cannot subject the landlord's property to a mechanic's lien. The lease must expressly prohibit it and be recorded with the clerk of court.

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Real Estate

What Is a Notice to Contractor?

A Florida Notice to Contractor tells a contractor that a subcontractor intends to seek payment from the contractor's payment bond. It must be served no later than 45 days after labor or materials are first provided.

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Real Estate

What Is a Quitclaim Deed?

A quitclaim deed transfers whatever interest the grantor has in a property, with no warranties or guarantees. It is most often used for transfers between family members, spouses, or trusts where no money changes hands.

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Real Estate

What Is a Release of Lis Pendens?

A Florida Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.

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Real Estate

What Is a Request for a Sworn Statement of Account?

A Florida Request for a Sworn Statement of Account lets a property owner demand a lienor's accounting of the labor, services, and materials agreed on and what has been paid. The response is due in 30 days.

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Real Estate

What Is an Unconditional Waiver Upon Final Payment?

The Unconditional Waiver upon Final Payment is a legal document that applies to construction projects in the state of Florida under Florida laws.

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Real Estate

What Is a Conditional Waiver and Release of Lien upon Progress Payment?

A lien waiver releases a lienor's claim against the property, but only to the extent of the labor, services, or materials provided. In Florida a waiver is unconditional unless parties make it conditional on payment.

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Real Estate

What Is FIRPTA?

FIRPTA, the Foreign Investment in Real Property Tax Act, makes a foreign person's gains from selling US real estate subject to US tax. It also imposes withholding on the buyer and reporting to the IRS.

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Real Estate

Who Are the Prominent Real Estate Title Insurers?

First American Title Insurance Company is the leading title insurer in the United States and writes in almost every state; Stewart Title Guaranty Company is another. Easler Law works with all the leading insurers.

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