Writ Of Possession

What Do You Do When The Sheriff Shows Up With A Writ of Possession? In today’s foreclosure crisis, nothing can be more frightening, stressful, and frankly more shocking than to hear a knock on your front door, only to find a sheriff delivering a “writ of possession”. A “writ of possession” is used in foreclosure actions to enforce a judgment to recover possession of a property. It commands the sheriff to enter Read More

Real Estate Auctions

BUYER BEWARE … Buy at a Real Estate Auction AT YOUR PERIL! When you’re an investor buying through real estate auctions the frequency of purchases increases exposure for bad decisions.  This generally means that developing a relationship with an experienced real estate attorney has been, and continues to be, a good proposition. Today’s foreclosure crisis creates distress for many and opportunities Read More

The Rocket Docket in Florida

Lenders Moving Along With the Rocket Docket! For those of you unfamiliar with the term “Rocket Docket” it refers to a legal court that’s known for getting hearings and trials done quickly. Last year was a difficult year for homeowners and investors facing foreclosure!  This year, cases are rolling along to a faster conclusion than at any time during the meltdown of the last 5 years.  Whether it’s the new Read More

Housing Rebound?

Housing Rebound Means Banks Resume Foreclosures! How do you increase foreclosure filings?  By having a “housing rebound” of course! The Bloomberg News has reported that Florida had the highest foreclosure rate in 2013.  Economics professor Anthony B. Sanders of George Mason University has been quoted as stating, “You have to get to the point where the market can heal itself and foreclosures and price Read More

The “Foreclosure Maze”

In A Foreclosure Maze? We Offer The “Stair-Step Approach” When faced with possibly losing your home, homeowners may feel trapped in what seems like a “foreclosure maze”. Lenders are very happy to deal with overwhelmed homeowners. Many of my readers and clients should recall, we have  argued all along that challenging the bank to “prove their case” (once you have been sued) can be very effective. Time Read More

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