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Reyes Law Group, Author at Reyes Law Group - Page 12 of 15

FIRPTA

FIRPTA…Where Danger Lurks for the Unwary Buyer & Parties The Foreign Investment in Real Property Tax Act of 1980 (otherwise known as FIRPTA) can be confusing, misleading, and easily lost in the shuffle of a closing.  Yet, this law can lead to dangerous consequences for the unwary buyer, seller or professionals involved in the transaction. Every real estate transaction in Florida and the United Read More

Attorney Fees Resulting From A Foreclosure

Are You “Entitled” To Attorney Fees From Your Lender? Could you be “entitled” to attorney fees as a result of your foreclosure? Well, the answer is, it depends. It depends on a few things, but it all starts with having the right attorney handling your matter from the beginning. While each case is different, there are certain legal requirements that need to be fulfilled during the pendency of your case that, if not Read More

In Real Estate … Everything’s Negotiable

Your Real Estate ‘Negotiator’ Must Be Experienced! In the once again growing real estate market here in South Florida, many families are finally making the decision to sell homes they have been holding on to since the real estate crash, in hopes of the market bouncing back.  Whether it’s upsizing to adjust to a growing family or downsizing due to an “empty nest”, if you’re selling a property and remaining in Read More

Legal Advice For The Gas Station Entrepreneur

For the Gas Station Entrepreneur the Right Lawyer is Crucial! All lawyers are NOT created equal and the right lawyers play a key role when representing clients looking to purchase into a gas station business.  A lawyer should be a key part of your business team which should also include a business broker, banker, and insurance agent.  A lawyer can help the entrepreneur with the legal nuances of Read More

Six Years Later …. What To Do If You’re Still Underwater

If  You Are “Underwater” Do Not Despair Here we are, now in 2014 (6 years after the Great Recession) and statistics reveal mortgage foreclosure filings are trending downward in Miami-Dade, Palm Beach and Broward Counties.  Yet, despite what some tout as reason for optimism, if you’re one of the people still in the throes of a foreclosure case, or have been served with a recent foreclosure action, Read More

The Basic Components to a Commercial Lease

Commercial Leases come in all varieties. Some are long, some are short, but depending on the property and parties, most try to find some middle ground. The typical commercial lease is written to address the following: 1) Basic identification information such as Lessor (owner), Lessee (tenant), leased premise address, square footage of unit with accompanying drawings depicting the space. 2) Term of lease with start Read More

“Adequately Protecting” the Property Owner from Foreclosure

Mortgage foreclosure defense lawyers have an obligation to be truthful, fair to opposing counsel, help expedite litigation properly, and only bring meritorious claims. However, for some time now I’ve argued that such an approach has never meant you short-change your client in the zealous representation of their case.  In particular that is true where there is no shortfall of true, fair, legitimate, meritorious Read More

Not All Lawyers Are Created Equal

While many attorneys will advise potential clients they can assist in defending their foreclosure case, I suggest the following—not all attorneys are created equal!  While attorneys may be extremely competent in other areas of the law, many are lulled into a false sense of confidence when taking on contested foreclosure matters.  Foreclosure defense is no different than other practice areas and requires Read More

For a Foreclosure, Bank MUST Prove Ownership

In my article: “No Note…No Foreclosure”, I highlighted how a  4th DCA appellate court decision resulted in the court reversing a summary judgment after finding that the “unsigned and unauthenticated” endorsement created a “genuine issue of material fact”, and led to questioning whether that lender was really the “owner and holder of the note”. It is this “owner and holder of the note” that has the right Read More

Misinformation May Lead to Foreclosure

Mortgage foreclosure lawsuits are the single, most crucial legal challenge people continue to face today.   While it needn’t be, the thought is debilitating to many a homeowner or investor.  That’s why so many people jump at the first sight of lender letters or phone calls offering to “help” modify their loan or short-sale their house.  However, DANGER lurks there as well! Homeowners Read More