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Legal Articles & Guides

Below are simple and easy to understand articles and guides relating to common legal issues faced by our clients.  Having a basic understanding of the process for addressing your current situation is invaluable to having an informative and helpful discussion with an attorney regarding how to proceed.  Every situation is different, so if you are facing a legal issue addressed in an article below, please contact us for a consultation.

What Are Tax Deed Sales?

Property owners who fail to pay their taxes will eventually lose their property through a tax deed sale. This provides an opportunity for real estate investors.

Real Estate
Cody McCaughan, Esq.
3 October 2025

What is Title Insurance and Why do you Need it?

For most people, buying a home is the biggest financial investment they will make. Title insurance is the only way to protect that investment from challenges to your ownership of the property.

Real Estate
Cody McCaughan, Esq.
26 September 2025

How To Stop A Foreclosure

All is not lost.  A foreclosure lawsuit can be a unique opportunity to resolve your issues with the bank, get back on your feet, and save your home.

Foreclosure
Cody McCaughan, Esq.
22 March 2025
Landlord Tenant Laws

Legislature Eliminates Local Landlord-Tenant Laws

Many counties have passed local laws giving tenants additional rights in certain situations. However, a recently passed state law dubbed House Bill (HB) 1417, preempted all landlord-tenant matters to the state government, essentially eliminating all local laws on the matter.

Landlord-Tenant
Cody McCaughan, Esq.
29 January 2024
How to Claim Foreclosure Surplus

How to Claim Surplus Funds After a Foreclosure Sale in Florida

If you think there may be surplus funds after a foreclosure sale on your property, it is important to file a claim as soon as possible.

Foreclosure
Cody McCaughan, Esq.
27 August 2023
Rental Property

Should I Put My Property in an LLC?

A limited liability company or LLC is a type of business structure permitted by state statutes. LLCs offer protection for business owners and property owners.

Real Estate
Cody McCaughan, Esq.
20 August 2023
Quitclaim-Deed

Why YOU Should Use an Attorney for a Quitclaim Deed

Quitclaim deeds are among the most common forms of property transfer in the State of Florida, but also the most risky.

Real Estate
Cody McCaughan, Esq.
2 August 2023
Real Property Survey

What is a Property Survey?

Confirming your property’s boundaries is essential to the home buying process.

Real Estate
Cody McCaughan, Esq.
1 October 2022
How to Title Your New Home

How Should You Take Title When Purchasing Property Jointly?

When purchasing a property jointly, the manner in which you take title has important legal implications for the owners.

Real Estate
Cody McCaughan, Esq.
1 July 2022
Quit-Claim Deeds

What Is A Quit-Claim Deed?

Quit-claim deeds transfer the rights in a property without a formal title review or search. Quit claim deed transfer the rights in which a grantor has at the time the property is conveyed, giving a greater amount of risk for the grantee should there be an issue or “cloud” in title.

Real Estate
Cody McCaughan, Esq.
27 May 2022
Coronavirus Eviction Moratorium

The CARES Act Eviction Moratorium Has Expired, But There Are Other Pandemic Protections for Renters

Noticing how disastrous an impending eviction wave could be for public health during the pandemic, the Centers for Disease Control instituted their own nationwide eviction moratorium for nonpayment of rent.

Landlord-Tenant
Sean McCaughan
3 December 2020
Commercial Leases During Coronavirus Pandemic

Breaching a Lease or Contract During the Coronavirus Pandemic

Businesses across the world have been impacted by the spread of Covid-19, and many will be unable continue paying rent or performing other contractual obligations. However, such actions may be justified if caused by the global pandemic.

Business,Landlord-Tenant
Cody McCaughan, Esq.
1 September 2020
Foreclosure Moratorium Extended

Florida Foreclosure & Eviction Moratoriums Extended Until Sept. 1st

As COVID-19 lingers, late Wednesday night Florida Governor DeSantis did what he has done at least a few times already: extending the foreclosure and eviction moratoriums in the state another month to keep people in their homes just long enough for the virus to abate.

Foreclosure,Landlord-Tenant
Sean McCaughan
31 July 2020
Withhold Security Deposit

How To Keep a Tenant’s Security Deposit and Not Get Sued

Security deposits are at the center of many landlord-tenant disputes. In Florida, Landlords are in a very strong position in these disputes if they followed the law, and common sense, in keeping the deposit.

Landlord-Tenant
Cody McCaughan, Esq.
10 May 2020
Coronavirus Evictions

Coronavirus Prompts Evictions Freeze in Florida

Many states, counties, and local municipalities across the country are offering some sort of rent relief or eviction protection for those affected by the economic consequences of the coronavirus pandemic. However, those protections vary widely, so if you’re in a housing situation where you need help, it’s important to know what protections are available to you.

Landlord-Tenant
Sean McCaughan
4 May 2020
Avoiding Mistakes as a Landlord

5 Most Common Mistakes Made By Landlords (And How To Avoid Them)

Being a landlord can be incredibly frustrating when dealing with a problem tenant.  Below are 5 mistakes to avoid so that if a problems arises, you are in the best position to resolve it.

Landlord-Tenant
Cody McCaughan, Esq.
5 October 2019
Guide to the Perfect Eviction

Guide To The Perfect Eviction

Evictions are frustrating for any landlord. Your property is held hostage by a nonpaying tenant until the tenant vacates or is forced out. Ideally, a resolution can be reached before litigation, and I work with both landlords and tenants to make this happen.  However, at the end of the day, the tenant has to pay rent, or they have to go.  Here is how to get a tenant out quickly and without incurring excessive liability or costs.

Landlord-Tenant
Cody McCaughan, Esq.
29 September 2019
What to Know About Quiet Title Actions

What You Need to Know About Quiet Title Actions

A quiet title action is a lawsuit in which the Plaintiff asserts that they possess good and marketable title to a certain property, thus putting the burden on anyone else who wants to claim ownership, lien rights, or some other right to the property, to join the lawsuit and prove their claim, or have it permanently extinguished.

Real Estate
Cody McCaughan, Esq.
1 September 2019
Title Insurance for Real Estate Agents and Brokers

Title Insurance Basics for Brokers and Realtors

You’re a real estate agent, so you know that buying a home can be overwhelming for many of your clients. Homebuyers can easily feel confused and frustrated by the mounds of paperwork they have to sign. Plus, all the fees associated with closing can sometimes be a surprise even to an experienced buyer.

Real Estate
Cody McCaughan, Esq.
15 August 2019
Trusts and Estates Law Firm

5 Reasons to Hire an Attorney For Your Real Estate Purchase

Purchasing or selling a home is one of the most important events in your life from a financial standpoint.  After signing a contract, most home buyers elect to hire a title and escrow company recommended by their broker.  However, there are downsides to hiring a title agent who is not an attorney to handle your transaction.

Real Estate
Cody McCaughan, Esq.
3 August 2019
Importance of Title Insurance

5 Reasons Title Insurance Protects You

Buying a home is an exciting and emotional time for many people. To help you buy your home with more confidence, make sure you get owner’s title insurance. Here’s why it’s so important for you.

Real Estate
Cody McCaughan, Esq.
1 August 2019
Six Tips for Closing on a Home

Title Insurance and Closing: 6 Steps for Every Homebuyer

Your long home-buying journey is almost over. You found the home you love, the seller agreed to your offer and now it’s time for closing. Of course, there’s a lot to think about right now, and the last thing you want is something¬ to go wrong.

Real Estate
Cody McCaughan, Esq.
25 July 2019

Extensive Guide To Overtime Pay Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) mandates that certain employees are paid overtime when they work over 40 hours in a week. This guide will assist employees in determining if they are entitled to overtime, as well as employers trying to determine if they are required by law to pay an employee overtime. The FLSA prescribes stiff penalties for employers who fail to comply with the requirements of the Act and allows very large recoveries to employees who have been deprived of overtime.

Business
Cody McCaughan, Esq.
6 April 2018
Cody M. McCaughan
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  • Home
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  • Practice Areas
    • Real Property Law
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    • Real Estate Brokers and Agents
    • Buyers and Sellers
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  • Legal Articles & Guides
  • Contact Us
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