Jupiter Real Estate Closings Lawyer

A Jupiter real estate closings lawyer can help answer your questions or concerns about real estate transactions, title closings, and more.

People who live or work in Jupiter or the surrounding areas of the Treasure Coast frequently have legal questions about real estate transactions. Some people are unsure of the steps to take when buying a new home, while others may wish to sell a house or condo and relocate. Still, others are interested in purchasing real estate as an investment, and businesses often need to buy or sell property as well.

Businesspeople consult Florida real estate attorneys for a wide variety of real estate concerns, including purchase contracts and title services. Sometimes, businesses that already own real estate also need assistance with legal matters such as difficulties with tenants, late or non-payment of rent, and, unfortunately, sometimes the need to carry out an eviction.

The Collection Process

Many people have questions about the collection process. It is generally a good idea to get a Florida real estate attorney involved in the collection process sooner rather than later. One of the first steps your lawyer will take is sending a collection letter. Surprisingly, this sometimes works better than collection letters from the landlord, especially if the tenant has not been contacted by an attorney before.

If the collection letter does not yield results, the next step is usually filing a lawsuit. Before a lawsuit for eviction may be filed, Florida law mandates that certain notice is provided to the tenant, which can be taken care of at the collection letter phase. At this point, the debtor may fail to respond to the lawsuit at all if they do not intend to pay. This is actually a good sign, as it allows your attorney to seek a quick judgment on the matter. If this is successful, the court will issue a final judgment, a document telling the debtor they have to pay you, and the amount.

The Final Judgement

The final judgment also makes other collection remedies available to you if the debtor still does not pay. If they do not pay and offer some defense for why they failed to do so, your Florida real estate attorney will confer with you about how best to respond.

When the court issues a final judgment, the debtor is required to complete a “Fact Information Sheet,” which gathers information about their assets and employment. Your attorney will likely send out more requests for information, which the debtor will be required by law to answer, or face further consequences (including jail time, in some cases). Once your Florida real estate lawyer has the complete picture, he or she will discuss the options for recovering the amount you are owed.

Garnishment

One common method is garnishment, which gives a creditor access to money held for a debtor. For example, you may be able to garnish the debtor’s paycheck, essentially collecting some of their pay directly from their employer, until you are paid back. You may also have the option to seize and sell personal property of the debtor, such as land, vehicles, etc. However, this process is expensive, and liens against the property have to be paid off, so you and your attorney should discuss whether it is worth the expense and effort.

If you have questions or concerns about real estate transactions, title closings, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.