[RPPTL LandTen] Getting past title problems related to FS 713.10 recorded memoranda

[Jeff Mazor]

A client wants to lease some commercial space to a new tenant and avail
himself of the protections afforded by Florida statute section 713.10.

However, he's been told by his title insurance company that if he records
such a memo, down the road he may have trouble getting clean title and
getting the title insurer to write over the recorded memo.

They suggested that, at the time he enters into the lease, he not only
secures the detective's signature on the memorandum, but that the tenant
also execute some kind of release or acknowledgment that the tenant has no
claim against the real estate, under the memorandum terms or otherwise, and
that the landlord should hold that document in escrow until such time as the
tenant vacates.

At that point, the landlord could record the new document, thus initiating
the original memorandum and presumably eliminating any title objection.

Can it really be that simple?

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building 
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:       954-962-3560
Email:   JMazor at Mazor.com