Florida Construction Defect Claims and Defense

A lien is a charge on real property used to secure payment for those who have furnished labor, materials or services to a project. Under Chapter 713, Florida Statutes, liens are affidavits prepared under oath by the lienor stating that the lienor has provided labor, material, supplies or services to improve real property and has not been paid. There are several requirements for a Claim of Lien: (1) the Claim of Lien must be recorded in the ...
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Florida Construction Loan Foreclosure

Our firm concentrates in both the prosecution and defense of construction loan foreclosures. Construction loan foreclosures in Florida can be very complex and completely different from your typical residential loan foreclosures. Generally, construction loans are funded based on the progress of the construction project via draw requests. The construction loan has several ancillary agreements that govern the relationship between the parties ...
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Facing Foreclosure: Understanding the Basics

Foreclosure is something that no homeowner wants to experience. However, should you find yourself faced with foreclosure, it is critical that you understand the process. In today’s blog post, we’re going to break down the basics. Please contact us immediately if you’d like to learn more, or if you’d like assistance with your specific situation. A foreclosure is a lawsuit filed by a mortgage lender when it hasn’t been receiving payments on a ...
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Facing Foreclosure: What Are Your Options?

Are you facing foreclosure? Unfortunately, here in Florida you aren’t alone. The state of Florida, and Miami-Dade County in particular, regularly leads the nation in foreclosure activity. It’s important to understand that you do have options. In this blog entry, we’re going to explore several ways in which you may be able to avoid foreclosure. This is general advice - if you’d like advice specific to your situation, please contact us today to ...
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Florida Deed in Lieu of Foreclosure

When negotiating a Deed in Lieu of Foreclosure in Florida be sure to  have the lender agree to waive or release you from  any deficiency in the difference between the mortgage amount owed and the ultimate market value of the property. This will prevent the lender from suing you in the future for that deficiency. A Deed in Lieu of Foreclosure will provide you no benefit unless you receive a waiver or relase of the deficency. ...
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Florida Foreclosure Defense

Just because you are not able to pay your mortgage it does not mean that you do not have a right to defend a foreclosure in Florida. In defending a foreclosure, it is imperative to review all of the documents that you have in your possession from your closing. There are various federal laws and state laws that require lenders to comply with in closing a home purchase, such as the Truth in Lending Act and the Real Estate Settlement Procedures Act. ...
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New York Times Quotes Ray Garcia

On Sunday March 1, 2009, the New York Times wrote an article regarding Ana Fernandez, who's home had been sold by the bank, however, the Law Office of Ray Garcia, P.A. in its representation of Ms. Fernandez was able to set aside the sale and set aside the summary judgment. The bank, Chevy Chase failed to produce the Note and there was no eveidence that the originating lender had assigned the Note to Chevy ...
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$3.4 Million Dollar Jury Verdict In Las Vegas For Wrongful Foreclosure

By Carmen Dellutri on Janaury 28, 2009 A Las Vegas Jury recently awarded a family $3.4 million in a wrongful foreclosure case.  As you can guess, this wasn’t your everyday foreclosure.  It kind of reminds you of the McDonalds hot coffee case.  After testimony, the Jury found that Countrywide Home Loans, Inc. wrongfully foreclosed on the Plaintiff’s condo and awarded the Plaintiff $922,690 in compensatory damages and $2.5 million dollars in ...
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Florida Fair Lending Act

The Florida Fair Lending Act, Chapter 494, Florida Statutes, prohibits predatory tactics on high cost home loans, including: * Charging prepayment penalties for longer than three years * Increased interest on loans going into default * Balloon payments on loans that mature in less than 10 years * Extending credit regardless of a borrower's ability to pay * Making direct payments to home improvement contractors * Calling a loan due even ...
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Condo Deposit Recovery

There are various legal requirements that a Florida condo developer must comply with in order to offer for sale condo units and if your developer fails to carefully follow some of these legal requirements, you may be able to terminate your contract for purchase. For example, under the Interstate Land Sales Full Disclosure Act ("ILSFDA") or Florida law, you may have the right to terminate the contract for your pre-construction condominium or ...
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