Real Estate
Litigation
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 take an average of 160 days 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 Fair Debt Collection Practices Act 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 can assist the client with using bankruptcy protections to stop foreclosure and other collection calls to give the client a new start in their financial life.
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.
