REAL ESTATE: COMMERCIAL LEASE DISPUTES
The purpose of this article is to make both landlords and tenants aware of the common considerations after default on a commercial lease.
Business: Costs of Litigation (State Court)
It is essentially impossible to tell a client just how much a lawsuit will end up costing. However, that does not mean you cannot have some idea of what to expect. That is the purpose of this article.
Real Estate: Florida Moratorium on Foreclosures & Evictions
The Governor’s latest Executive Order 20-180, extending the Florida moratorium on foreclosures and evictions, contains some carve-outs borrowers, tenants, lenders and landlords alike need to know about.
REAL ESTATE: LAND USE LAW
Every city and county in Florida is required to adopt a comprehensive plan that provides “the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan.” Section 163.3177(1), Florida Statutes.
REAL ESTATE: OCWEN CLASS ACTION IN FLORIDA
Ocwen has been one of the biggest offenders what comes to servicing mortgages. It is time to fight back.
Harrington Recognized by Thompson Reuter as Expert in Foreclosure Law
Litigation & Mitigation, by Jeff Harrington, published by Thompson Reuter
Florida Foreclosures & Deficiency Judgments: Are We in the Clear?
As a Florida foreclosure defense law firm, we get lots of questions about deficiency judgments. In some cases, that is not an issue because we negotiate a waiver of deficiency with the lender, such as with a short sale or consent judgment. However, those homeowners considering going to trial to fight for their homes want to know about the READ FULL POST
FLORIDA FORECLOSURES: Defending Deficiency Actions
The Florida legislature has imposed a deadline for filing deficiency actions. That’s better than nothing. At least there is some protection for homeowners. However, you still have to know about the protection and assert the correct affirmative defense.
FORECLOSURE DEFENSE: Bank Appeals Crushing Loss
Recently, our firm won a foreclosure trial by arguing a bank cannot simply renege on a loan modification agreement whenever it chooses, even if it was a “trial loan modification.” This new precedent is dangerous for lenders because several of them have been guilty of arbitrarily yanking modifications even when homeowners make all the “good-faith” trial plan payments. So, after READ FULL POST
FORECLOSURE DEFENSE: Bank Reduces Principal to Avoid Exposure
We are still waiting for the day a judge or government official orders a bank to write down a home loan. It may never happen. However, there may be other ways to get the same result through foreclosure defense. In this case,[1] the bank voluntarily came out of pocket to pay down our client´s home loan. Here is how it READ FULL POST