There is a multitude of legal issues that commercial real estate developers will need to address, including financing, permits, and zoning laws. Construction is a major aspect of a commercial real estate development project, and in some cases, developers may encounter construction defects that affect the value of a property and the ability to use it as intended. In these cases, a developer may need to pursue litigation against a construction company, contractor, parts manufacturer, or other parties who were responsible for defects.

Reasons for Construction Defect Litigation

Construction defects may involve multiple issues. Defects may be patent, meaning that they are easily observable or can be uncovered through a routine inspection, or they may be latent, meaning that they are not immediately evident. In general, construction defect litigation may address the following types of defects:

• Design defects - A development project will involve multiple types of plans and specifications, and defects may arise because of errors committed by architects or engineers during the planning process. These errors may occur due to failure to consider important factors such as soil quality, or mistakes may be made when creating blueprints or other plans.

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There are many reasons that families may encounter financial difficulties, and homeowners who have struggled to make mortgage payments while covering other ongoing expenses may be concerned about the possibility of foreclosure. Fortunately, there are multiple forms of relief that may allow a family to save their home, and in some cases, a homeowner may be able to do so by refinancing their mortgage.

Options for Mortgage Refinancing

A lender may begin the process of foreclosure if a homeowner has defaulted on their mortgage. A homeowner will be considered to have defaulted if they are at least 30 days past due on a mortgage payment. When this occurs, the lender will usually contact a homeowner, and they may be able to make arrangements to make up missed payments, along with any applicable late fees. In some cases, a homeowner may be able to address these issues by refinancing their home through a new mortgage loan.

When refinancing their home, a homeowner will obtain a new loan that will allow them to pay off their existing mortgage. The new loan may be created through their current mortgage lender or from a different lender. Unlike loan modifications, in which changes are made to an existing mortgage, refinancing a home will require the homeowner to pay closing costs and fees related to the creation of a new mortgage. 

It is no secret that the COVID-19 pandemic left many Americans struggling to make ends meet. Many employees saw pay cuts, a number of workers were furloughed, and some lost their jobs altogether. With economic conditions at an all-time low, many families were battening down the hatches and just trying to get by. Now that the COVID-19 vaccine is circulating the country, with more and more people getting the shot each day, things are beginning to open back up, including Americans’ desire to move on to the next chapter of their lives. For some, this involves buying their first home. Being a first-time homebuyer is an exciting experience -- you begin to imagine your life unfolding in a place that you can call your own. While every home buyer may be looking for something a bit different, it is important that the following questions are considered before finalizing your purchase.

1. How Much Can I Afford? Buying a home is a long-term investment so it is important to budget appropriately for your monthly mortgage payments; after all, they will last for years to come. Begin by looking at your personal finances, such as your income, monthly expenses, and debt payments. Add up your typical monthly expenditures, including food, transportation, utilities, phone bill, insurance premiums, and more. Calculating these costs will help you determine how much you have remaining to dedicate towards your mortgage.
2. How Much Can I Spend on My Down Payment? The more that you spend on your down payment, the less you will need to borrow and pay back later. If you have a larger down payment, you will have smaller monthly payments. It is important to find the down payment level that you can afford without taking up too much of your savings.
3. How Much Will I Owe For Property Taxes? If you are interested in living in a certain area or have a desire to own a significant amount of land, you should first determine how much the property taxes will cost with what you are looking for. First-time homebuyers are often shocked when they realize how much additional money they will need to spend on property taxes. These required costs should be included in your monthly budget calculations.
4. What Do the Closing Costs Include? Aside from your down payment, you will also owe a pretty penny when it comes to closing costs. These will be paid at the close of your real estate transaction and can include your realtor fees, home inspection, title search, appraisal, home warranty, and more. This is another cost on top of the down payment that will need to be paid upfront.
5. What are the Additional Costs of Owning a Home? Unlike a renter, you will be solely responsible for the upkeep and management of your home. This can often come unexpectedly and can take a hit to your wallet from time to time. Be sure to have a thorough inspection completed before purchasing your home. If the inspector notices immediate improvements that need to be made, you may be able to get the previous owner to fix them before purchasing. Additionally, if your new home is a part of a homeowners association (HOA), you will need to pay a monthly fee to the HOA.

Contact a Broward County Real Estate Attorney

Buying your first home can be an overwhelming process without a professional providing you with a step-by-step guide. At Elliot Legal Group, we help first-time homebuyers enter into the purchasing process with the reassurance that the terms of their agreement are feasible in the long term, taking away the stress from the purchase and allowing them to focus on the exciting aspects of being a homeowner. If you are interested in purchasing a home, contact our Fort Lauderdale real estate lawyer at 754-332-2101 today.

If you have recently had a change in your financial circumstances--perhaps you lost your job, received a pay cut, or have taken on additional costs--the mortgage that has been affordable over the past decade may no longer be feasible. You may be concerned that because your mortgage exceeds your income, you will soon be on the path to losing your home. Without taking any additional action, foreclosure could soon be on the horizon. However, there are a number of actions that you can take before getting to this point, including refinancing your home.

What Is Refinancing?

Refinancing your home means replacing your current home loan with a new one. There are a number of benefits that refinancing has to offer, such as reducing your interest rate, cutting monthly payments, or tapping into your home’s equity when needed. Refinancing can also allow you to pay off your loan quicker or switch from an adjustable-rate to a fixed-rate loan. Refinancing your home may seem like the perfect solution to your financial difficulties; however, there are certain requirements that must be met in order to qualify.

Buying a home is likely the most expensive purchase that you will make in your lifetime. The moment you receive your keys may give you a surge of pride, but the path to get there can sometimes give you a headache. Without a professional guiding you through the process, it can quickly become overwhelming and you may feel as if you are paying for unnecessary additions, such as title insurance. This type of insurance incurs a one-time charge included in your closing costs and it protects the lender. But what about owner’s title insurance? Should you spend the extra money for the additional protection in Florida?

What Is Title Insurance?

Before your home closes, your mortgage lender will require a title search, which searches public records for any title defects related to your home. For instance, the title search may bring the following issues to light: