Tampa Real Estate Attorney / Foreclosure & Estate Planning Lawyer
Our areas of practice include Business Litigation, Commercial and Residential Real Estate Law, Landlord/Tenant & Eviction Law, Wills, Trusts and Estate Planning 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. On the litigation side, we work in actions 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.
In Florida, businesses must be represented by an attorney for most litigation, exceptions usually made for landlords and some small claims.
However, all businesses should have legal counsel for a myriad of reasons; from 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 businesses throughout their life. From incorporation to dissolution, having an experienced attorney on hand is key to continued success.
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.
Below are answers to some of our most frequently asked questions in Business Law:
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.
Yes we do! We custom create contracts to fit every need. Please call our office for a quote!
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.
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.
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 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).
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.
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.
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.
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 to schedule a free initial consultation.
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 are:
Below are answers to some of our most frequently asked questions.
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.
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.
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.
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.
For more information on Deeds please click here.
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.
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 Defense Attorney to do so. Fore more information on foreclosure please click here.
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.
Here are the main steps needed to evict a tenant in Florida:
If you are served with an eviction:
Step 1. Call us for a free consultation.
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 click here.
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 click here.
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 click here.
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 click here.
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. Click on the link below for more information.
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!
View the different packages we recommend.
Please call our office during business hours 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. Please feel free to follow up on your inquiry via telephone as well for a quicker turn around!
10150 Highland Manor Drive Suite 200, Tampa, FL 33610
9:00 am – 5:00 pm
9:00 am – 5:00 pm
9:00 am – 5:00 pm
9:00 am – 5:00 pm
9:00 am – 5:00 pm
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.
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.
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.
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.
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.
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.
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.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.
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Peart Law Office, P.A.
All Rights Reserved.
Member of the Florida Bar Association