Tampa & Sarasota Florida Real Estate Lawyer and Estate Planning Attorney
Call Us: (813) 314-2475
Call Us: (813) 314-2475
Experienced Tampa & Sarasota Real Estate Law Firm (also Wills & Trusts)
Free Consultations!
Practice Areas
Business Lawyer
Estate Planning Lawyer
Estate Planning Lawyer
Estate Planning Lawyer
Estate Planning Lawyer
Estate Planning Lawyer
Foreclosure Lawyer
Estate Planning Lawyer
Landlord/Tenant Law & Evictions
Landlord/Tenant Law & Evictions
Commercial & Residential Real Estate Law
Landlord/Tenant Law & Evictions
Partition Lawyer
Commercial & Residential Real Estate Law
Commercial & Residential Real Estate Law
Commercial & Residential Real Estate Law
Commercial & Residential Real Estate Law
Commercial & Residential Real Estate Law
Tampa Business Lawyer
Does my business need a Lawyer?
In Florida, businesses must be represented by a lawyer for most litigation, subject to some exceptions for landlords and some small claims. However, all businesses should have an attorney on retainer.
From incorporation to dissolution, having an experienced business lawyer on hand is key to continued success. We can assist you with the incorporation of the business to drafting your basic contracts, to dealing with your vendor or customer disputes, to filing and defending lawsuits.
From contract review or contract creation to litigation, we have the experience you need for your business to succeed! We represent businesses and organizations of all shapes and sizes in an array of industries and areas of commerce. Most of the issues we handle for businesses have to do with contracts, landlord/tenant law, litigation, construction and real estate law. If your business or organization is in need of an attorney please call us at (813) 314-2475 or kindly fill out the form below.
Here are answers to some of our most frequently asked questions in Business Law:
Can you review our contracts?
Yes we can! We review business contracts and advise businesses as to their rights, duties and obligations daily. We can build contracts from scratch or improve old ones, depending on your needs and the life of your business. For prices and more information on how our Attorney can become an asset for your business please call us at (813) 314-2475 or kindly fill out the form below.
Do you draft new contracts?
Yes we do! We custom create contracts to fit every need. We prepare commercial and residential leases, real estate purchase contracts, business transfer contracts, maintenance contracts, non-disclosure contracts, promissory notes and mortgages.
For prices and more information on how an experienced Contracts Attorney can become an asset for your business please call us at (813) 314-2475 or kindly fill out the form below.
Do I need a lawyer for my business?
The answer depends on your needs. Businesses in Florida must be represented by an attorney, except in some landlord/tenant matters and some small claims. For most other court cases your business must be represented by a lawyer.
For more information on how we can become an asset for your business please call us at (813) 314-2475 to schedule a free initial consultation with a Business Attorney or kindly fill out the form below.
Tampa Foreclosure Defense Lawyer
What is Foreclosure?
Foreclosure is a legal action undertaken in court by a mortgagee (lender) against a mortgagor (homeowner), with the purpose of taking over possession of the collateral (real estate) for the purpose of auctioning it, in order to pay off the outstanding delinquent balance of the loan.
We can help slow down the foreclosure process as well as put you in a better negotiating position with your lender. People who do not hire a lawyer are more likely to lose their home faster and will usually have a deficiency judgment placed against them at the conclusion of a foreclosure. An experienced Tampa foreclosure attorney is an indispensable asset for defending a foreclosure.
Having proper legal counsel by your side may very well stretch out the foreclosure process from months to years and should decrease your financial liability to as close to zero as possible, depending your financial circumstances. For more information on how we can help you please call us at (813) 314-2475 or kindly fill out the form below. Our Foreclosure Defense Attorney provides free initial consultations under no obligation and offers flat fees in most cases.
Who can foreclose on my home?
In Florida only three parties can foreclose on homesteaded real estate: Government Agencies, Mortgage Lenders and Contractors (the two latter must be loans or work associated with the property in question).
All three entities hire foreclosure attorneys to foreclose on real estate. Shouldn't you have an attorney as well? We have been fighting banks and lien holders since 2007 and helped thousands of people over the years. A Foreclosure Attorney is much more affordable than your mortgage payment or rent.
Whether you can afford your home or not, we can help you navigate the difficult road to a loan modification or liquidation with minimal financial losses. Liquidation includes Short Sales, Deed-In-Lieu of Foreclosure and Judgment-in-Rem of Foreclosure (judgment that does not include any financial repercussions).
To schedule a free initial consultation with a Foreclosure Defense Attorney or for more information on Foreclosure Defense and Avoidance please call us at (813) 314-2475 or kindly fill out the form below.
What is a loan modification?
A loan modification involves underwriting a new loan to replace an existing delinquent loan through one or more of the following avenues: Interest rate decrease, modification of escrow requirements, putting delinquent payments on the back end of the loan, decreasing the principle amount owed, adding or removing borrowers to adjust household income, etc.
There are many ways to modify a delinquent loan. For pricing and more information on how we can handle the entire loan modification application process for you please call us at (813) 314-2475 or kindly fill out the form below.
What is a lost note?
Sometimes the foreclosing lender has lost the original note of the mortgage upon which it seeks to foreclose. It will then seek to re-establish the note in court, in order to be able to foreclose. A lost note is a great defense to a foreclosure action and when a case is properly defended, this issue may delay a foreclosure by months or years.
What is a Deed-in-Lieu of Foreclosure?
A Deed-in-Lieu of Foreclosure is the act of signing over a deed over to the mortgagee (lender) in exchange for a release of the debt owed. This act should include a full release of the debt owed and normally is offered when a short sale is not possible.
If you receive an offer for a deed-in-lieu of foreclosure by your lender, together with a demand for a financial contribution, you should be weary. When we negotiate a deed-in-lieu of foreclosure it rarely includes a financial contribution by our clients. To schedule a free initial consultation to speak with a foreclosure defense attorney, please call us at (813) 314-2475 or kindly fill out the form below.
What is a short sale?
A short sale is the process of selling a home at fair market value, which is currently lower than the debt (mortgage) held on the home.
When negotiating a short sale, experience is key. If you have never negotiated a short sale, then the bank will take advantage of you and will ask for things above and beyond what is usually negotiated with a foreclosure lawyer. Such things include financial contributions, sale concessions, promissory notes, lower realtor commissions, lower contributions to secondary lien holders, etc.
To minimize your personal contribution you should consult with a lawyer sooner, rather than later. To schedule a free initial consultation to speak with a foreclosure defense attorney, please call us at (813) 314-2475 or kindly fill out the form below.
Tampa Commercial & Residential Real Estate Lawyer
Types of cases we handle
At Peart Law Office, P.A. we have handled every case imaginable this area of law, all over The Tampa Bay Area and Central Florida, since we opened our doors in 2007. Some of the issues that we handle in Real Estate law that are not listed above are:
Homeowner Association and Condominium Association Disputes & Litigation
Cloud on Title or Title Defects
Commercial and Residential Property Disputes
Easement Disputes & Litigation
Foreclosures by Individuals and Small Businesses
Purchase or Sale of Real Estate (w/realtor or For Sale By Owner (FSBO))
To schedule a free initial consultation with a Real Estate Attorney please call us today at (813) 314-2475 or kindly fill out the contact form below.
What is a Homeowners' Association (HOA)?
A Homeowners' Association is an organization comprised of many homeowners in a neighborhood, that is tasked with day to day enforcement of rules and regulations set in place by the owners, for the benefit of the neighborhood and individual owners.
Most of the disputes our HOA attorney handles involve rule violations, accrued fines, rule variance applications/appeals and foreclosures.
- COA Disputes and Foreclosures - Disputes and foreclosures between Condominium owners and condominium associations.
- HOA Disputes and Foreclosures - Disputes and foreclosures between Homeowners and Homeowner Associations.
- COA & HOA Representation - Representing HOAs and COAs in day to day operations such as collections of dues and assessments, filing of liens and foreclosing on liens for delinquent dues or assessments.
To schedule a free initial consultation to speak with a HOA Attorney please call us at (813) 314-2475 or kindly submit your information via the contact form below.
What is a property boundary?
A Boundary is a line that divides two real properties. Disputes arise from real estate boundary rights and duties with respect to neighboring or abutting property owners, who either fail to abide by their duties or abuse their neighbor's rights.
If you have a boundary or easement dispute please visit our Boundaries and Easement page. To schedule a free initial consultation with a real estate attorney please call us at (813) 314-2475 or submit your information via the contact form below.
What is a title defect?
A title defect is an error or omission on a deed that prevents a title from being fully marketable. A title defect or a cloud on title is a roadblock that must be overcome in order to get a clean title. For more information on title defects please visit our Deeds page. If you believe you have a title defect or a mar on your real estate title please call us at (813) 314-2475 to schedule a free initial consultation to speak with a Real Estate Attorney, or kindly submit your information on our contact form below.
What kind of Deeds are there in Florida?
- Warranty Deeds - Deeds guaranteeing clear title from the grantor (seller) to the grantee (buyer).
- Special Warranty Deeds - Deeds warranting against liens or encumbrances during a specific period of time by the grantor (seller).
- Quit Claim Deeds - Deed transferring interest in real estate from a grantor (provider or benefactor) to a grantee (recipient).
- Fee Simple Deeds - Similar to a quit claim deed, this deed transfers all interest from the grantor to the grantee without any exceptions.
To obtain a quote or to schedule a free initial consultation with a real estate attorney, please call us at (813) 314-2475 or kindly fill out the form below.
What is an Easement?
An easement is a public or private right of way through private or public property. Disputes arise when neighbor's rights are abused or duties are neglected by owners. If you have an easement dispute please call us at (813) 314-2475 or kindly submit your information to us via the contact form below.
Can I foreclose on a mortgage?
If you own a mortgage on real estate and the mortgagor is delinquent on their payments you can typically foreclose after 90 days of delinquency and a letter of acceleration. You will most likely need a Foreclosure Lawyer to do so. For pricing and more information on foreclosure litigation please visit our Foreclosure page. To schedule a free initial consultation with a foreclosure attorney please call us at (813) 314-2475 or kindly submit your information via the contact form below.
What is a Partition Action?
A partition action is a law suit seeking the forced sale of real estate for the benefit of all joint owners. For more information on Partitions please visit our Partitions page, call Peart Law Office at (813) 314-2475 or kindly submit your information via the contact form below.
What is a Quiet Title Suit?
A Quiet Title Suit is a law suit seeking to clear any clouds off of a deed. It usually involves removing deceased prior owners or family members from a deed. For more information on Quiet Title Suits please visit our Deeds page, call us at (813) 314-2475 or kindly submit your information via the contact form below.
Do I need a lawyer to sell my home? (FSBO)
In short, no you do not need a lawyer to sell your home, but you do not need a realtor either. Regardless, a real estate lawyer will usually cost half of what a realtor charges to sell your home. FSBO (For Sale By Owner) sellers will usually hire a Real Estate Lawyer instead of a realtor to help protect their interests.
You can still save quite a bit of money in your sale, but still have the peace of mind that everything was done correctly. For more information and pricing on FSBO representation or closings please visit our closings page, call us at (813) 314-2475 or kindly submit your information via the contact form below.
Florida Estate Planning Lawyer
Are you ready to plan your estate?
It's never too early to plan your estate! If you need an experienced estate planning lawyer that has reasonable prices and customizes plans for each client, please call us today!
We prepare Wills, Trusts, Living Wills, Durable Power of Attorney Forms, Healthcare Surrogate Forms, Special Needs Trusts and Life Estate Deeds (Ladybird Deeds) custom designed to fit your needs.
Whether you just need a will, or if you want to setup a revocable trust, we offer Customized Estate Planning Packages that fit every budget. For more information please follow the links below. To schedule a free initial consultation with an Estate Planning Lawyer please call us at (813) 314-2475 or kindly fill out the contact form below.
Estate Planning FAQ:
Are you conducting research for your estate plan or trying to decide whether you need an estate planning lawyer in the first place?
Please visit our Frequently Asked Questions Section for a practical checklist, definitions and much more!
Awards
