I recently had a client who wanted to be a "good neighbor" and gave a written easement to the adjoining neighbor without consulting an attorney. Unfortunately, the easement was poorly drafted, and the client and the neighbor are in a legal dispute about the easement,...
mitchg
Refinance, When is the Time?
The general rule of thumb is that if you can lower your interest rate by one percent, refinancing should be considered. A loan from the Borrower's perspective, even a refinance, is time-consuming and tedious. Instead of an entirely new refinance, go back to your...
Limited Guaranty
I am closing a commercial loan where there are five different guarantors, each with a different percentage ownership interest in the borrowing entity. This is a very sophisticated borrower, so it negotiated with the bank for guaranties limited to 150% of each...
Raw Land, not a Raw Deal
I am helping a client purchase raw land intended to be developed for commercial purposes. It is a large piece of Property. The client is paying cash. The due diligence includes an environmental wetlands study, zoning analysis, and municipal zoning assessment as to...
Fraudsters are Everywhere
There are so many frauds and scams out there; the buyer, seller, and title agent always need to be mindful and aware. Perhaps the best step to take is for the party initiating the wire calls the title agent to confirm the wiring instructions. Sometimes the...
Fractional Vacation Homes
Clients in Florida often like vacation homes in cooler weather States like Georgia and North Carolina. There is a new twist where you buy a fractional interest like one-quarter or one-eighth of the house and share ownership with others. Kind of like a timeshare, but...
Disclose or Not?
Clients want to sell their home, but the neighbor across the street is apparently throwing garbage in his (the neighbor's yard) to make the home less attractive to potential buyers. I do not make this up. Does the client have to disclose this situation to...
Please Don’t Do the Deed
Twice this week clients have come into my office with problems arising from deeds they prepared. This is not an isolated situation. One deed was from a divorce and the other a transfer between co-owners. The first deed was not recorded and omitted a parcel; the...
Nothing Standard About Commercial Leases
Please know that there is no "standard" commercial lease. I have drafted and reviewed likely more than one thousand commercial leases in my legal career, and no two are identical. Depending on the parties to the Lease and the use to be made of the Property, matters...
Time for Time Shares?
I had three clients this week looking to give away their time shares, either for $100.00 or back to the time share company because they inherited the time shares and did not want them. I know, there are a few people who use and enjoy the time shares, but they are the...

