Tampa Real Estate Attorney / Foreclosure & Estate Planning Lawyer

Real Estate, Foreclosure, Wills & Trusts Attorney, Tampa FL

We are here to help, because we care.

Our areas of practice include Business Litigation, Contracts, Commercial Real Estate Law, Residential Real Estate Law, Landlord/Tenant Law and Evictions, Wills and Trusts, Special Needs Trusts as well as General Civil Litigation.  


In the areas of Commercial and Residential Real Estate Law we practice in the niche areas of Boundaries & Easement Disputes, Construction, Deed Preparation Work, Real Estate Transactions and Closings (with both Realtors and For Sale By Owners (FSBO)) and Landlord/Tenant Law. We litigate cases for Breach of Contract, Foreclosure and Foreclosure Defense, Evictions, Partitions and Quiet Title Suits.


We represent businesses of all shapes and sizes in both litigation and outside of court. We can prepare new customized contracts or review and analyze existing contracts. We also assist businesses in Real Estate Law and Landlord/Tenant/Eviction Law.


For individuals, we prepare Wills, Trusts and Estate Plans for every size of estate out there. We are one of few law offices that prepares Special Needs Trusts too. On the Litigation side of this area of law we also litigate Trust Disputes on behalf of trustees or beneficiaries.


Since our doors opened in 2007, we have helped thousands of people in the Tampa Bay Area & Central Florida Corridor with their legal issues, both good and bad. We pride ourselves on being meticulous and thorough, while remaining friendly and approachable to our clients. We provide a high quality representation at a reasonable price, and offer flat fees when possible. 


Let us prove to you that we care about you and your case. Call us today at (813) 314-2475 or kindly fill out the form at the bottom of this page to schedule your free initial consultation!

Practice Areas

Business Law

Tampa Real Estate Attorney Near Me Free Consultation/Foreclosure Lawyer/Foreclosure Defense Lawyer

Foreclosure and Foreclosure Defense

Tampa Foreclosure Defense Attorney Near Me Free Consultation/Foreclosure Lawyer/Foreclosure Defense

Real Estate & Landlord/Tenant/Eviction Law

Tampa Real Estate Attorney Near Me Free Consultation/Real Estate Lawyer Near Me Free Consultation

Wills, Trusts & Estate Planning

Tampa Real Estate Attorney Near Me Free Consultation/Estate Planning Attorney Free Consultation

Tampa Business Lawyer & Litigation Attorney

Tampa Real Estate Attorney Near Me Free Consultation/Real Estate Lawyer Near Me Free Consultation

Does my business need an attorney?

In Florida, businesses must be represented by an attorney for most litigation, subject to some exceptions for landlords and some small claims.


However, all businesses should have legal counsel for a myriad of reasons.  From incorporation to dissolution, having an experienced attorney 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 vendor or customer disputes, to filing and defending lawsuits. Attorneys assist most successful business owners throughout their life.


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 our office at (813) 314-2475 or kindly fill out the form at the bottom of this page.


Below 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. 

Do you draft new contracts?

Yes we do! We custom create contracts to fit every need. Please call our office at (813) 314-2475 for a quote!

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 an attorney. 


You can probably incorporate your business on your own, but for most legal matters, you will need an attorney to represent your organization.  If you are asking yourself this question then you really should consult with a Business Lawyer. For more information on how we can become an asset for your business please call our office at (813) 314-2475 or kindly fill out the form at the bottom of this page.

Tampa Foreclosure Attorney

Tampa Real Estate Attorney Near Me Free Consultation/Foreclosure Defense Lawyer Near Me Free Consult

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 property) for the purpose of auctioning it, to pay for a loan that remains delinquent and unpaid. 


We can help slow down the foreclosure process as well as put you in a better negotiating position with the lender. People who do not hire a lawyer are more likely to lose their home in a few months and will usually have a deficiency judgment against them at the conclusion of a foreclosure. 


Having proper legal counsel by your side will stretch out the process from months to years and should decrease your financial liability to as close to zero as possible, depending a person's financial circumstances.

Who can foreclose on my home?

In Florida only three parties can foreclose on homesteaded real property: 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 property. We have been fighting banks and lien holders since 2007 and helped thousands of people over the years. 


Whether you can afford your home or not, we can guide you and  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). 


Fore more information on Foreclosure Defense and Avoidance please call our office at (813) 314-2475 or kindly fill out the form at the bottom of this page.

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. 

What is a lost note?

Sometimes the lender foreclosing on a home has lost the original note of the mortgage is 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 properly addressed can stop a foreclosure in its tracks.

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 the homeowner.

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 attorney. Such things include financial contributions, sale concessions, promissory notes, lower realtor commissions, lower contributions to secondary lien holders, etc.


In order to get the best deal possible you should consult with a an attorney right away. Please call our office today at (813) 314-2475 to schedule a free initial consultation.

Visit our Foreclosure & Foreclosure Defense Page

Tampa Commercial & Residential Real Estate Attorney

Tampa Real Estate Attorney Near Me Free Consultation/Tampa Real Estate Lawyers Near Me/ Commercial

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 are: 


Association Disputes & Litigation

Boundary Disputes

Cloud on Title or Title Defects

Commercial and Residential Property Disputes 

Construction Disputes (Contractors & Owners)

Drafting of Deeds

Easement Disputes & Litigation 

Evictions

Foreclosures by Individuals and Small Businesses 

Foreclosure Defense

Landlord/Tenant Disputes (Landlords and Tenants)  

Purchase or Sale of Real Property (w/realtor or FSBO) 

Partitions

Quiet Title Suits


Below are answers to some of our most frequently asked questions. To schedule a free initial consultation with a Real Estate Attorney please all us today at (813) 314-2475 or kindly fill out our contact form below.

What is an 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 we handle 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.

What is a boundary?

A Boundary is a line that divides two real properties. Disputes arise from boundary rights and duties with respect to neighboring or abutting property owners, who either fail to abide by their duties or abuse their rights. If you have a boundary dispute please click here for more information or call our office at (813) 314-2475 for a free initial consultation.

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 click here.

Do you handle construction disputes?

We represent both contractors and owners bound by construction contracts who are seeking legal assistance with job performance, collections, liens or foreclosures. When all amicable avenues fail, you will need to hire an experienced Construction Attorney to represent you. For more information on Construction disputes please visit our Construction page here.

Tampa Real Estate Attorney Near Me Free Consultation/ Foreclosure Lawyers Near Me Free Consultation

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 property 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.


For more information on Deeds please click here or call our office at (813) 314-2475.

What is an Easement?

An easement is a public or private right of way through private property. Disputes arise when rights are abused or duties are neglected. For more information on Easement Disputes please click here.

Can I foreclose?

If you own a mortgage on real property 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 Attorney to do so. Fore more information on foreclosure please click here or call our office at (813) 314/2475.

What is the difference between commercial and residential property?

Commercial properties are mainly used for business activities, while residential properties are used as single family or multifamily structures, used solely for occupation or non-business purposes.  Commercial and Residential property laws vary wildly and commercial disputes are usually comprised of leasing and permit disputes, while residential property issues run the gamut of disagreements. 

What landlord/tenant problems do you handle?

  • Maintenance Disputes - My landlord isn't making repairs.
  • Deposit Disputes - Overcharging for damages or damages that exceed deposits.
  • Improper Shut off of utilities - Florida law provides for triple damages for improper shutting off of any utility.
  • Code Enforcement Issues - County Housing Code Violations.
  • Association Harassment - HOAs or COAs making demands from tenants.
  • Landlord Harassment - Landlord who does not provide proper notice for a walk-through or inspection or displays unprofessional behavior. 
  • Unreasonable landlord - Landlord who doesn't abide by the lease agreement or displays unprofessional behavior..
  • Lease Agreement Review & Analysis - Having a Real Estate and Contracts Attorney review your lease agreement prior to execution.
  • Claims of non-compliance by Landlord - A landlord who claims non-compliance by a tenant, according to the terms of a lease agreement.
  • Evictions - A legal action to remove a tenant for non-compliance or non-payment. An Eviction Attorney can move to obtain a monetary Judgment or what is called Count II of the Complaint for Eviction. Non-attorney Eviction Companies cannot do that. They only obtain a Judgment for Count I of the Complaint for Eviction, which is for the Writ of Possession for the property.
  • Illegal Detainers - A legal action to remove a non-tenant co-inhabitant who is not paying rent, nor ever agreed to pay rent.
  • Roommate disputes - Disputes between roommates or co-inhabitants under a joint lease agreement.
  • Drafting of Lease Agreements - Drafting of lease agreements.
  • Notices - Serving of notices to landlords or tenants.

Visit Our Landlord/Tenant Page
Tampa Real Estate Attorney Near Me Free Consultation/ Real Estate Lawyer Near Me/Foreclosure Lawyers

How does an Eviction work in Florida?

Here are the main steps needed to evict a tenant in Florida:

  1. Serve or Post Three Day Notice To Pay or Vacate
  2. Serve Complaint
  3. Obtain a default if possible 
  4. Obtain Judgment as to counts 1 (possession) and 2 (accounting)
  5. Obtain Writ of Possession
  6. Send Writ of Possession to Sheriff for Service
  7. Sheriff Serves Writ of Possession
  8. Sheriff returns for final walk through and/or removal after 24 hours


If you are served with an eviction:

Step 1. Call us at (813) 314-2475 or kindly fill out our contact form below to schedule a free consultation with a Landlord/Tenant Attorney and to learn what your legal rights are.

What is the eviction process in Florida with children?

It is exactly the same process as it applies to any other tenancy. Evictions do not have any special accommodations for families with children or for people with disabilities. For more information on evictions please visit our Landlord/Tenant page here

What is a Partition Action?

A partition action is a law suit seeking the forced sale of real property for the benefit of all joint owners. For more information on Partitions please visit our Partitions page here.

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 Quiet Title Suit page here

Do I need an Attorney to sell my home? (FSBO)

No you do not, but you do not need a realtor either. An attorney will usually cost half of what a realtor charges to sell your home. FSBO (For Sale By Owner) sellers will usually hire a Closing Lawyer instead of a realtor to help protect their interests. For more information on FSBO or closings please visit our closings page here.   

Tampa Estate Planning Attorney (Wills & Trusts)

Tampa Estate Planning Attorney Near Me Free Consultation/Wills/Trusts/ Special Needs Trust Near Me

Are you ready to plan your estate?

It's never too early to plan your estate! If you need an experienced estates 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 Attorney please call us at (813) 314-2475 or kindly fill out the contact form below.

Visit our Estate Planning Page

Estate Planning FAQ:

Are you conducting research for your estate plan or trying to decide whether you need an Attorney in the first place? 


Please visit our Frequently Asked Questions Section for a practical checklist, definitions and much more!

Visit our Estate Planning FAQ Section

Packages:

View the different Estate Planning Packages we recommend.

Estate Planning Packages

Do you know your rights?

Submit your case for us to evaluate!

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Call us today at (813) 314-2475 for a Free Consultation!

Please call our office during normal business hours at (813) 314/2475 and we can schedule your free initial consultation for you to speak with our Attorney. If you submit your information on this form we will contact you as soon as we can, which is usually within 24 hours. Please feel free to follow up on your inquiry via telephone as well for a quicker turn around!


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Peart Law Office, P.A.

10150 Highland Manor Drive Suite 200, Tampa, FL 33610

(813) 314-2475

Hours of Operation

Mon

9:00 am – 5:00 pm

Tue

9:00 am – 5:00 pm

Wed

9:00 am – 5:00 pm

Thu

9:00 am – 5:00 pm

Fri

9:00 am – 5:00 pm

Sat

Closed

Sun

Closed

Serving the Areas of:

HILLSBOROUGH COUNTY

Apollo Beach, Avocet, Balm, Bayberry Glen, Beach Park, Bloomingdale, Bloomingdale Hills, Brandon, Bridgeview, Bridgewalk, Bridgewater, Carrollwood Village, Chapman Crossing, Cory Lake Isles, Culbreath, Davis Island, Dover, Dunlin Wood, Eagle Ridge, Egret Landing, Egypt Lake-Leto, Falcon Ridge, Fishhawk, Fishhawk Ranch, Fishhawk Ridge, Gannet Glade, Garden District, Gibsonton, Golf View, Greater Brandon, Heritage Harbor, Harbour Island, Harrier Ridge, Hawk Wood, Heron Glen, Heron Park Villas, Hillsborough Golf and Country Club, Hunters Green, Ibis Park, Jaeger Glen, Kestrel Ridge, Kinglet Ridge, Kite Glen, Lithia, Lutz, Mango, Martin Meadow, Meadow Park, Merlin Glen, New Tampa, Old Tampa, Oldsmar, Orient Park, Osprey Park, Paloma Glade, Parkland Estates, Phoebe Park, Plant City, Riverside, Riverview, Ruskin, Sandhill Place, Seffner, Shearwater, Skylark Crest, Sora Trace, Starling, Sun City, Sun City Center, Sunset Park, Tampa, Tampa Palms, Tanager Ridge, Teal Rise, Temple Terrace, Tern Wood, Thonotosassa, Town N' Country, Valrico, Valhalla, Vireo Ridge, Virginia Park, Westchase, West Chase, Whimbrel Wood, Wimauma, Winthrop Wrenwood & Ybor City.


PINELLAS COUNTY

Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Palm Harbor, Pinellas Park, Redington Beach, Safety Harbor, Seminole, South Pasadena, St. Pete Beach, St. Petersburg, Tarpon Springs, Treasure Island & Ozona.


PASCO COUNTY

Bayonet Point, Beacon Point, Dade City, Elfers, Gulf Harbors, Holiday, Hudson, Lacoochee, Land O' Lakes, New Port Richey, Odessa, Palm Harbor, Port Richey, San Antonio, Shady Hills, St. Leo, Temple Terrace, Trinity, Wesley Chapel & Zephyrhills.


HERNANDO COUNTY

Aripeka, Bayport, Brookridge, Brooksville, Garden Grove, Hernando Beach, High Point, Hill 'n Dale, Istachatta, Lake Lindsey, Masaryktown, Nobleton, North Brooksville, North Weeki Wachee, Pine Island, Ridge Manor, South Brooksville, Spring Hill, Spring Lake, Timber Pines, Weeki Wachee, Weeki Wachee Gardens & Wiscon.


POLK COUNTY

Auburndale, Babson Park, Bartow, Combee Settlement, Crooked Lakes, Cypress Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Four Corners, Frostproof, Fussels Corner, Gibsonia, Haines City, Highland City, Highland Park, Hillcrest Heights, Inwood, Jan Phyl Village, Kathleen, Lakeland Highlands, Lakeland, Lakeshore, Lake Wales, Lithia, Medulla, Mountain Lake, Mulberry, Nalcrest, Pittsburg, Poinciana, Polk City, Wahneta, Waverly, Willow Oak, Winston & Winter Haven.


MANATEE COUNTY

 Anna Maria, Bayshore Gardens, Bradenton, Bradenton Beach, Cedar Hammock, Cortez, Duette, Ellenton, Elwood Park, Fort Hamer, Gillette,Holmes Beach, Lake Manatee, Lakewood Ranch, Longboat Key, Manhattan, Marsh Island, Memphis, Myakka City, Oneco, Oak Knoll, Palm View,Palma Sola, Palmetto, Parrish, Rutland, Rye, Samoset, South Bradenton, Tara, Terra Ceia, Verna, Village of the Arts, Ward Lake, Waterbury, West Bradenton, West Samoset & Whitfield.

SARASOTA COUNTY

Casey Key, Engelwood, Longboat Key, Manasota Beach, Miakka, Nokomis Beach, North Port, North Sarasota, Osprey, Pinecraft, Sarasota, Sarasota Heights, Siesta Key, Venice, Venice Beach & Venice Gardens.

AND SURROUNDING COUNTIES

 Charlotte County, Citrus County,  DeSoto County,  Highlands County, Lake County, Lee County, Madison County, Manatee County, Orange County, Osceola County & Sumter County.


ZIP CODE COVERAGE

32626, 32819, 32828, 32829, 32831, 32832, 32836, 32837, 33511, 33547, 33556, 33558, 33566, 33569, 33578, 33579, 33594, 33598, 33602, 33606, 33606, 33609, 33609, 33611, 33615, 33616, 33618, 33621, 33624, 33625, 33626, 33629, 33629, 33629, 33634, 33635, 33647, 33701, 33702, 33703, 33704, 33706, 33711, 33715, 33715, 33759, 33761, 33763, 33786, 34201, 34228, 34242, 34683, 34684, 34695, 34698 and many more.


Office Near Me/Free Consultation