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Probate is the formal process of authenticating a will and distributing assets after a person’s death. This critical legal procedure ensures that all debts are paid and remaining assets are allocated according to the deceased person’s wishes outlined in their will. The critical role of a personal representative within this process cannot be overstated. Their…

The Timeshare Lien Foreclosure Act The Timeshare Lien Foreclosure Act controls foreclosure actions brought against timeshares and is governed by F.S. 721.80 et seq. F.S. 721.855 and 721.856.  The Act provides a foreclosure trustee with a procedure that allows him/her to foreclose assessment liens and mortgages outside of the court system- as opposed to a judicial…

How do Federally Backed Reverse Mortgages work? Reverse mortgages are still a great way for retirees to get extra income. The only federally insured reverse mortgage is called a home equity conversion mortgage, or HECM for short. The HECM program is run by the Federal Housing Administration, which is part of the Department of Housing…

Did you know that a borrower almost always has a right to reinstate his/her mortgage loan by making up the missed payments to bring their loan back into good standing?  The rules governing reinstatement depend on the timing of when the reinstatement takes place.  Let’s explore the different rules applicable three common situations. Pre-Acceleration The mortgagor retains…

Often times foreclosure proceedings are filed against real property when the titleholder has passed away. In such cases, unless the titleholder held the property jointly with rights of survivorship or by the entireties, the title to the real property passes to the titleholder’s beneficiaries. Consequently, these beneficiaries become indispensable parties to the foreclosure proceedings. For…

Have you been served with a complaint for foreclosure and are unsure why?   Foreclosure can be viewed as the lender’s way of clearing title to the land, and it extinguishes the liens of any junior mortgagees. It is critically important that all interested parties are named as defendants in the complaint so that every proper party can protect his/her…

Homeowners and their lawyers involved in foreclosures should be on the lookout for fraud and abuse during the loan process. They should be ready to spot these potential problems.  In Florida, if someone knowingly and intentionally lies or omits important information during the mortgage process, they can be charged with mortgage fraud. This includes using or…

The most common way to get compensation for tortious interference is to sue for damages for the loss suffered by the person who was deprived of the legacy or gift.  To get damages, you need to figure out the value of the asset in question at a time that’s relevant to the case and with a…

What is Specific Performance? Specific Performance is a powerful legal action that forces someone to follow through on a written or spoken agreement. It’s like a way to make sure someone keeps their promises. Unlike a claim for money, Specific Performance doesn’t just give you money. It wants the person who broke the agreement to…

1.      How much does a foreclosure defense attorney cost? In general, law firms defend foreclosures on a flat fee basis or other arrangement agreeable to the client and the firm.  You can expect to pay several hundred dollars a month in most instances. It is important that a firm provides value to the client in a difficult…