Articles Posted in foreclosure defense

By Andrew J. Pascale Esq., Florida Foreclosure Defense Attorney Reverse Mortgages: When Retirement Gets Complicated Reverse mortgages offer older homeowners the ability to tap into their home equity without monthly payments. But too often, those same homeowners—or their heirs—find themselves facing foreclosure. Florida courts have heard it all: wrongful foreclosures, skipped steps, and grieving heirs…

Real estate deeds might sound complicated, but once you get the hang of them, you’ll feel like a pro navigating the property market. Ready to dive in? Let’s start with the basics of Florida real estate deeds and types of estates. Necessary Elements to Create an Effective Deed Types of Deeds Types of Estates: The…

Insights into Legal Considerations and Case Studies Understanding the potential defenses that guarantors might raise is crucial for navigating commercial foreclosures.  There are various types of guaranties, including absolute, collateral, conditional, continuing, and special guaranties. Each type comes with its own language and the parties’ intent in the transaction, which can limit the scope of liability.…

Empowering Seniors with Financial Flexibility Reverse mortgages offer seniors the opportunity to access their home equity without having to sell their homes. The Home Equity Conversion Mortgage (HECM) stands out as the only federally insured reverse mortgage, managed by the Federal Housing Administration (FHA) under the Department of Housing and Urban Development (HUD). The Basics…

Understanding the Intricacies of Florida’s Foreclosure Laws Foreclosing on multiple properties can be a complex process, particularly in Florida where specific rules and exceptions apply. Whether you are a seasoned investor or a novice in the real estate market, it’s crucial to understand these legal nuances to navigate foreclosures effectively. Foreclosing on Properties in Separate…

In the intricate world of legal proceedings, the appointment of receivers is a crucial step in safeguarding and managing property during litigation. Florida’s Uniform Receivership Act, codified in F.S. Chapter 714, has brought clarity to the procedures, requirements, and powers of receivers, ensuring uniformity across case law. Considering the Need for Receivership The need for…

When facing a lien foreclosure claim, it’s crucial to know your defenses. While the situation may seem daunting, understanding the practical defenses available can be empowering. Here’s a detailed look at some defenses recognized by Florida courts: Application of Payments Disputes often arise over how payments are applied. Associations have statutory guidelines prioritizing payments first…

Are you considering purchasing property within a community association in Florida? If so, you might encounter an essential document known as the estoppel letter, or more formally, the estoppel certificate. This blog post aims to demystify this crucial piece of paperwork and explain why it’s indispensable in the real estate transaction process. What is an…

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…

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…