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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

The Affluent Need Foreclosure Help Too

The last 5 years have seen foreclosures impact not only middle-America, but the wealthy at all levels.  The stress of being “underwater” at the multi-million mark can be unnerving for anyone.  When you factor in the original price points associated with these luxury home purchases, it redefines what it means to be underwater!  It’s no surprise to see plenty of the rich, famous & wealthy make Read More

The Sooner Your Lawyer Jumps Into The Fray The Better

  As we have mentioned in the past, the lending debacle covers a wide range of issues – how loans were structured, how they were sold, what happened to them once sold, how they were assigned multiple times and the legality of that process, and more.  Fortunately, along the way, we saw courts start to stem the flood of foreclosures due to faulty affidavits, defective assignments, “robo-signors”, and Read More

Housing Market Meltdown & Why You Need a Passionate Voice

The Housing Market Meltdown Will Have Serious Effects! These are some of the headlines we have seen in local papers in the past: “Loan Mod Plan Offers Solution for Homeowners” “Modification Won’t Prevent Foreclosure” “Slow Pace of Foreclosure Could Delay Housing Recovery” What to make of this? Well, sometimes the obvious is the obvious… Loan modification plans are coming and going but banks are Read More