Services & Programs

Real Estate Litigation

We counsel anyone to engage an attorney before they sign a contract to purchase, sell or lease real estate, or before they enter into an agreement to lend or borrow money or form a joint venture, partnership, or LLC. Usually, when a matter results in litigation, it's because the client has tried to prepare their own documents; they had no documentation at all; or they used a form they found online. While saving a little money on the front-end, they end up spending much more than they ever bargained for when the deal goes awry. When clients find themselves facing litigation, as either plaintiff or a defendant, we will meet with them to determine 1) whether the cost-benefit analysis would support litigation or alternative dispute resolution, and 2) whether it is a matter we would be able to handle. If we can handle it, we'll discuss estimated litigation costs and timeframes. If it's not a matter we will take on, we will refer you to an attorney with whom we have confidence and trust.

Eviction

We represent landlords in residential and commercial properties in the eviction of delinquent and troublesome tenants who don't pay their rent or breach the terms of their lease in other ways. In Florida, if you own your property in any capacity other than as an individual, then you are often required to have an attorney to represent you in court for the eviction. While it is possible to file and prosecute the eviction on your own, we strongly suggest that you give us a call before doing so to see if our services will help you achieve your goal of eviction more quickly and efficiently than you could on your own.

The Florida Bar has published a pamphlet that outlines the rights and duties of landlords and tenants.

Foreclosure

We represent lenders, including hard money lenders, private lenders, and institutional lenders in the foreclosure and work out of delinquent loans. We conduct a title search prior to filing the foreclosure action. We send demand and acceleration letters to the borrowers, and file the action, pursuing it through to the certificate of title issuance. Foreclosures can often take a year or more to complete in Florida.

We often warn lenders who hold the mortgage and note through assignment. If they send their own demand letters, there is a danger that they may violate the terms of the mortgage if they fail to include proper language in the demand notices. For that reason, we suggest that lenders always engage an attorney to send such demand letters from the inception of the collection efforts.

Foreclosure Defense

In addition to representing lenders foreclosing, when there is no conflict of interest, we represent homeowners in agressive foreclosure defense. We have studied the latest techniques and laws related to foreclosure defense, and use our knowledge of the closing and lending process and the related laws to answer foreclosure complaints on clients' behalf in an attempt to save their homes through forcing modification and reinstatement of the mortgage on terms the client can afford. If these efforts are unsuccessful, then we refer the client to an attorney who will use bankruptcy protections to stop foreclosure and other collection calls to give the client a new start in their financial life.

The Florida Bar has published a helpful pamphlet on foreclosures in Florida.

Homeowner's Association / Condominium Owners' Association Lien Enforcement And Collection

We represent owners' associations, including those charged with the maintenance and management of the common areas in timeshare and vacation ownership planned communities. In addition to advising the management companies and the boards of directors, we send demand letters, prepare and file claims of lien, and prosecute foreclosures of the liens against the properties.

Quiet Title

Whether associated with a tax deed or other issue, we are often called upon to bring actions to quiet the title in the client's name. The action is most often requested by clients who have purchased the property at a tax deed sale. In Florida, most title insurers are reluctant to insure the title purchased at such a sale unless the quiet title action is brought and prosecuted to final judgment in favor of the new owner. If you purchase property at a tax deed sale, the prior owners have up to four years to assert their rights in the property and potentially take it back. The quiet title action stops the running of this four-year statute of limitation, and cuts off the prior taxpayers' rights in the property, permitting the title insurer to insure the title to the property. This, of course, frees up marketable title to the property which can be more freely conveyed.