Home
Firm Information
Introduction to Firm
Firm's Experience
Firm's Roles & Objectives
Lawyer Profiles
Responsibility for Fees
Common Questions & Answers
Client Communications
Eminent Domain Process
General Info
Early Settlement
Lawsuit Filed
Compensation Elements
Representative Clients
Referring Attorney Section
Firm Newsletters
Firm Track Record
Related Sites
|
EMINENT
DOMAIN PROCESS
[Early Settlement]
-
The condemning authority will
prepare a Purchase Agreement or other type of written agreement setting
forth the settlement amount and the terms of the settlement, along with the
associated deeds or easements.
-
Fixel, Maguire and Willis
will assist in determining whether any other entitles have an interest in
the condemnation proceeds and assist the property owner with addressing
those interests.
-
This sometimes may mean
crediting the property owner's mortgage account and paying over a portion or
all of the proceeds to the property owner's mortgage holder if there is one.
This happens when language in the mortgage or fairness demands that this
occurs and the property owner has not secured a waiver from the mortgage
holder.
-
Also, if there is a lien, judgment, or pro rata real estate taxes
due, or an applicable tax certificate, the property owner personally may not
receive all or any of the said funds, depending on the circumstances.
-
In any
event, the property owner will receive full credit for the settlement funds
by either receiving the funds directly or receiving a credit for any funds distributed to
a third party. It should be noted that the same types of
distributions are normally required, whether or not an attorney is
representing a property owner.
-
At the closing, the signed
paperwork will be exchanged for the settlement funds.
-
Finally, as set forth
in the Fixel, Maguire & Willis Responsibility for Fees section of this web page,
Fixel, Maguire & Willis’s and retained experts’ fees and costs determined
and secured for services provided to property owners and/or businesses they
have assisted. See Fixel, Maguire & Willis Responsibility
for Fees for more details.
This web site and all the information
contained in it is not intended to create, and the receipt of it does not
constitute, a lawyer-client relationship. For such a relationship to
exist, Fixel, Maguire & Willis must be retained by entering into a written agreement
with the internet subscriber or on-line reader who has reviewed the
information in this web site.
For further information about retaining Fixel, Maguire & Willis, please contact:
Raymer
F. Maguire, III by telephone toll free at (888) 216-6870 or by
e-mail at rmaguire@fla-eminentdomain.com,
Joe W. Fixel by telephone toll free at (800)
848-7535 or by e-mail at jfixel@fla-eminentdomain.com,
or
Craig B. Willis by telephone toll free at (800) 848-7535 or by
e-mail at cwillis@fla-eminentdomain.com.
©(2010) Fixel, Maguire & Willis, all rights reserved.
|
