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Real Estate and Business Law Blog. 

Providing commentary and insights into Florida real estate and business law.  The law office of Marlyn J. Wiener, P.A. offers legal services for all business and real estate transactions from the beginning to end of a purchase or other business dealing.

Asset Sales: Three Important Issues to Consider
Posted by: Marlyn Wiener
October 31, 2008
Topic: Buying or Selling a Business

Buying or selling a business is a complex transaction that requires the parties to work their way through layers of legal, accounting and operational issues. If you are selling the assets of your business, some of the issues you must consider (and that are often overlooked) are the treatment of the seller's cash on hand or in accounts, work in progress, and accounts receivable.

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Worst Case Scenarios ? Consequences of a Deficiency Judgment
Posted by: Marlyn Wiener
October 31, 2008
Topic: Foreclosures

Property owners in distress contemplating the consequences of a foreclosure of their real estate are justifiably concerned about the prospect of a lender obtaining a deficiency judgment after Sherriff's Sale. Although mortgage lenders have not been seeking deficiency judgments on a consistent basis, the legal right to seek them exists. What are some of the consequences of a deficiency judgment?

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Hope for Homeowners Plan Update
Posted by: Marlyn Wiener
October 31, 2008
Topic: The Housing and Economic Recovery Act of 2008

Property owners whose properties are upside down or who are struggling to make their mortgage payments have been anxiously awaiting the implementation of the Hope for Homeowners (H4H) program created under the Housing and Economic Recovery Act of 2008.

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Contract Terms You Must Understand
Posted by: Marlyn Wiener
August 19, 2008
Topic: 7 Contract Terms You Must Know When Buying a Home

Many purchasers of real estate complain how complicated, confusing and stressful real estate transactions are. From execution of the Agreement of Sale to signing the mortgage loan documents at Closing, the purchaser is required to sign dozens of forms and documents that may be unfamiliar, complicated and even a little frightening. Eliminate the stress and anxiety by developing a working knowledge and understanding of some of the basic legal terms you will as you complete the purchase of your dream house.

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Documentary Stamp Tax due in Short Sale - More Information to Consider
Posted by: Marlyn Wiener
August 15, 2008
Topic: Short Sales

I discussed the question of what is the amount of documentary stamp tax that the seller is required to pay in connection with a short sale with underwriting counsel for a major Florida title insurer. I was advised that the Department of Revenue has indeed recently provided guidance to real estate attorneys and closing agents indicating that documentary stamps are to be paid on the amount of the sale price and on the amount of any forgiven debt.

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