Henderson, Franklin, Starnes & Holt, P.A.

Good Intentions

In passing the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress created the Consumer Financial Protection Bureau (CFPB). The purpose of the CFPB was to safeguard consumers against fraud and other predatory practices by financial institutions.

The CFPB recently issued a final rule which will require residential mortgage lenders to begin

During the past 2-3 years, Lee County has been engaging in a systematic and comprehensive streamlining of its zoning, permitting and development review processes.  In a report released recently by the County’s Department of Community Development (DCD), the results of this streamlining effort are identified in detail.

Working independently and in conjunction with the Business Issues Task Force of the County’s Horizon Council, DCD has developed and implemented improvements in customer service and technology, amendments to the County’s Land Development Code, and is in the process of proposing changes to its comprehensive plan that facilitate the processing of permitting applications.  Some of the highlights include:Continue Reading Lee County Continues Streamlining Its Permitting Processes

As a real estate lawyer, a significant part of my practice involves preparing and negotiating commercial and residential lease agreements. At times, however, potential clients may decide to find a sample lease agreement online, or have their realtor prepare the lease, to avoid attorney fees.

Proceed With Caution

Because most commercial leases are for 5,

As seems to be the trend with amendments to Chapter 720, Florida Statutes, which governs residential homeowners’ associations, the 2013 legislation increases regulation by the Division of Florida Condominiums, Timeshares and Mobile Homes (the “Division”) of residential homeowners’ associations. Specifically, the association manager, management firm, or the association is now required to submit a report

As those of us with school-aged children start frantically counting our last days until the new semester begins, we can be reminded that it is also that time of year when the county property appraisers begin to mail out the annual TRIM notices to notify taxpayers within their jurisdictions of the proposed property taxes for

Last month I wrote about the importance of due diligence before a contract is signed when purchasing commercial property. This month’s article discusses a buyer’s due diligence after the contract has been signed but prior to closing and taking title to the property.

As stated in last month’s article, a buyer must perform due diligence

It took a while, but the Florida Supreme Court recently upheld a 2011 5th District Court of Appeals’ decision invalidating a city ordinance that gave priority to code enforcement liens over prior-recorded mortgages. City of Palm Bay v. Wells Fargo Bank, N.A., Case No. SC11-830 (May 16, 2013). Palm Bay’s ordinance had attempted to

A good portion of my practice involves representing buyers in commercial and residential transactions. Part of this representation involves advising my clients on due diligence matters pertaining to the property. Most of us know investigation of various real property matters is critical before purchasing commercial real estate. Do you also know your due diligence of

Most real estate savvy folks are familiar with the phrase “caveat emptor” or “buyer beware,” as applied to real estate transactions. Buyers are routinely advised to scrutinize their purchases through property inspections, review of zoning, permitting and code compliance of the property in addition to obtaining title insurance. However, when leasing property, tenants typically focus