Homer Duvall III practices in the areas of real estate, both transactional and litigation, as well as title insurance defense and appellate representation. He has more than 35 years of experience working in and for the title insurance industry and with real estate problems, claims and recovery. In 2005, Mr. Duvall updated the title insurance chapter for Florida Real Property Title Examination and Insurance, published by The Florida Bar, which he has authored since 1996. Mr. Duvall is a frequent speaker on real estate topics and has authored numerous articles on real estate for various real estate and financial publications. Mr. Duvall has significant real estate transaction experience, including multistate sale, acquisition and financing of commercial properties, particularly skilled nursing facilities, assisted living facilities, congregate living facilities and other healthcare related properties. Additionally, Mr. Duvall has experience dealing with issues peculiar to Florida real estate involving water boundaries, islands, submerged lands and swamp and overflow lands. His real estate practice includes representing commercial and residential developers in creating multi-use developments, planned unit developments and condominiums.
Additionally, Mr. Duvall represents title insurers, mortgage banks, commercial banks and their affiliates on various regulatory matters, including: Real Estate Settlement Procedures Act (RESPA) issues, Truth in Lending Act (TILA) issues, title insurance licensing issues (both agency and underwriters), documentary stamp and intangible personal property tax (transfer tax) issues.
Prior to entering private practice, Mr. Duvall was Division Counsel for Transamerica Title Insurance Company, where he was responsible for Transamerica’s legal issues in the Southeastern United States. He was responsible for deciding questions of insurability and underwriting risk for all agents and offices in a six state area. He received and settled claims filed within the Southeast Division and supervised claims in litigation and claims recovery. Mr. Duvall also assisted in setting underwriting policy within the Division and in authoring an underwriting manual. Before serving as Division Counsel with Transamerica Title, Mr. Duvall was an Assistant Vice President with American Title Insurance Company where he was responsible for all direct and agency operations in Hillsborough County, Florida. Mr. Duvall has other career experience in the title insurance industry and has served with numerous professional associations and organizations related to that industry.
In the community, Mr. Duvall serves as a co-office coordinator of Holland & Knight's Opening Doors for Children program.
Recent Representative Transactions:
- Prepared documents and obtained state division approval for a mixed use (commercial and residential) condominium complex in Jupiter, Florida.
- Represented the owner of eight skilled nursing facilities in refinancing of mortgage debt, including defeasance of ten existing industrial revenue bond issues.
- Represented the owner of six skilled nursing facilities in refinancing existing mortgage debt.
- Represented purchaser of two continuous care facilities (condominiums, assisted-living facilities an skilled nursing facilities) in acquisition and financing of transaction.
- Represented owner of 14 skilled nursing facilities in an operating lease of all 14 facilities valued for the initial term in excess of $250 million.
- Represented seller in liquidation of major regional brewery.
- Successfully represented title insurer in claim of total title failure on property valued in excess of $23 million.
- Successfully represented owner of marina against claims by the Florida Department of Environmental Protection that the land on which the marina’s docks were located were owned by the State of Florida.
- Successfully represented owner of mobile home park against claims by the Florida Department of Environmental Protection that the land on which the park’s docks were located were owned by the State of Florida.
- Successfully obtained a Florida non-resident title agency license for the real estate financial services affiliate of a major national residential lender.
- Created Homeowner’s Association and prepared Declaration of Covenants, Easements, Restrictions and Assessments for 300+ unit Planned Unit Development.