Foreclosure
-
Navigating the Sunshine State’s Property Taxes: Deadlines, Discounts, and Avoiding Foreclosure
Florida, with its beautiful weather and sandy beaches, attracts not only tourists but also residents seeking a permanent paradise. However, paradise comes with a price tag, and a significant portion of that tag is property taxes. As a Florida real estate attorney, I get many questions from clients about property taxes, especially regarding deadlines, discounts,…
-
The Silent Thief: Fraudulent Documents Can Steal Your Property
Don’t Let Your Home Be Next Real property fraud is a serious crime that can have devastating consequences for the victim. It can involve the theft of a property, the loss of a home, or financial ruin. A common type of real property fraud is the filing of false documents. In some cases, the fraudster…
-
How Title Insurance May Have Saved My Client One Million Dollars
When title insurance is needed, it’s worth every penny. I recently assisted a client who had purchased a home in Lakewood Ranch and paid cash. My office did not handle the closing, nor was I involved in any way with the real estate closing at the time. Rather, my client hired me about 7 months…
-
I surrender. Take my house. Actually, on second thought…
The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors’ rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor’s surrender of collateral real property has on the debtor’s ability to defend a foreclosure. A Final Summary…
-
Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale was set to occur,…
-
A creditor by any other name: Avant Capital, LLC v. Gomez
“A rose lender by any other a slightly different name would smell as sweet still be able to foreclose.” Shakespeare 4th DCA (more or less) Florida’s 4th District Court of Appeals has held that the omission of the word “corporation” from a corporation’s name as it appears on various mortgage loan documents, did not render…