Landlord In Foreclosure

If you’re a landlord in foreclosure, make sure you know your rights. One of the most frequent questions asked by a clients with investment properties in foreclosure is, “My tenant found out that I’m a landlord in foreclosure and is refusing to pay rent, what should I do?” To which my response is invariably, “Send a three day notice immediately and begin the eviction process sooner, rather than later.” What many Read More

Short Sale

When It Comes To A Short Sale, Don’t Settle for Less! When it comes to a short sale, the bottom line is simple. A short sale is a settlement between a borrower and a lender. It really is as simple as that.  However, obtaining a good settlement is not that simple. Would you trust the settlement of any other legal matter to someone other than a licensed attorney?  While Florida law does not restrict the negotiation and Read More

Due Diligence in Real Estate Transactions

“Due Diligence” – More Than Mere Words in a Contract! Parties routinely throw around references to conducting “due diligence” in residential and commercial real estate transactions without truly understanding the complexity of what that entails and means. Black’s Law Dictionary defines due diligence as “such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily Read More

A Final Judgment Is Not Always Final

Even After You Have Received a Final Judgment It May Not Be Too Late While it is always best to immediately seek legal representation as soon as possible after being served with a complaint, there still may be steps you can take to save your home after a final judgment has been entered, and believe it or not, after the property has been sold. While every situation is unique, the law is clear that a final judgment Read More

Walking Away From a Foreclosure

Walking Away From a Foreclosure – The Single Worst Decision a Homeowner Can Make! For years homeowners long assumed that if a lender was seeking to foreclose, … they owed the money and as such, had no defense.  Yet, as terrible as it is to lose a house to foreclosure, 6 years into the foreclosure meltdown, many still think the easy route is to put their biggest financial headache behind them by just Read More

Commercial Litigation

Defending Commercial Litigation Claims Starts with Knowing the Rules & Procedure! Twenty-seven years in the legal field teaches you a thing or two about people, claims, strategy and tactics.  When it comes to commercial litigation, the more high-brow the players, the circumstances, and/or implications, the greater the sense of magnitude and importance in the representation and outcome.  This can lead Read More

The Lender Slowdown

Lender Slowdown = Greater Loan Modifications & Short-Sale Approvals So you have been served with a mortgage foreclosure lawsuit (or think you will be soon), and you seem to read every day about mortgage foreclosures cases being “halted” and the ‘lender slowdown’.  Now you’re wondering “what does that mean for me”?  If you have been following any of my writings these last few months, I have been Read More

Facing a Foreclosure Trial

Banks Must Prove Their Case… Especially at a Foreclosure Trial!  The “rocket-docket” is in full bloom across tri-county South Florida courtrooms. Homeowners and investors are now routinely confronted and challenged to speedily make major decisions regarding their foreclosure cases, in some instances, from one day to the next.  Judges are expediting cases to a foreclosure trial whether the parties – both Read More

Short Sales Predicted to Rise

Short Sales Should Continue to be on the Rise Throughout 2014 A recent Daily Business Review article published an article by local real estate guru Jack McCabe which predicts real estate prices will continue to rise but at a slower pace in 2014.  And to me, that makes sense. The uptick in the South Florida market in 2012-13 was driven mainly by large, hedge-based investors buying from homeowners Read More

Deal With Your Foreclosure Lawsuit

Don’t Go Unrepresented and Become a Foreclosure Lawsuit Victim! Over the last 5 years through the housing meltdown and recent resurrection, the question remains, … where are we?  The Sun Sentinel reports, “South Florida’s housing market in 2013 was a tale of two halves.  The first was robust and frenetic, with annual home prices climbing quickly as investors and traditional buyers competed for Read More