Waiver of Deficiency

Waiver of Deficiency and the Mortgage Forgiveness Tax Threat Many a lawyer or realtor will tell a would-be client that they’ll negotiate a short-sale approval that includes a waiver of deficiency. A waiver of deficiency is the difference between what the borrower owes and what the bank would sell the property for at auction. They’ll caution that the tax exemption for amounts forgiven by the banks expired in 2013 Read More

Homeowners Going to Trial Can Win and Recover Attorney Fees

Going to Trial Always Remains a Viable Option Going to Trial always remains a viable option, especially when we know that 90% of all loans over the last 10-15 years were “securitized,” meaning transferred from bank-to-bank.  This one fact alone makes it clear that lenders need to do their homework if they’re going to go to Trial and prove their case!  The best evidence that this is not such a “walk in the Read More

Miami-Dade and Broward Counties Still Lead the Nation in Foreclosures

Sad but true, Miami-Dade and Broward counties still lead the nation in foreclosures. This, despite a 25% year-over-year drop in foreclosure activity during the first quarter of 2014.  According to RealtyTrac, statewide, Florida had the highest foreclosure rate in the first quarter.  One in every 129 homes in the state dealt with some form of foreclosure. Our practice areas have grown over the last 5 Read More

Summary Judgment

Getting Past Summary Judgment Motion for Summary Judgment… what is it? Most people, and admittedly most law students, do not understand the concept of Summary Judgment – however, the importance of having an experienced attorney who understands basic Summary Judgment principles, especially in the foreclosure context, is invaluable. A Motion for Summary Judgment is a device frequently used by banks in foreclosure 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 to Read More