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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…

What are Punitive Damages? Punitive damages are designed to punish a Defendant for his/her intentional wrongful conduct or gross negligence. Punitive damages are recoverable for intentional wrongs as a punishment to the wrongdoer. Punitive damages are not recoverable for breach of contract, but may be recoverable for fraud. In any civil case in state court…

Lost Promissory Notes and Foreclosures What happens when a bank is seeking to foreclose but it is not in possession of the originally promissory note?  The answer is that It must first re-establish the note under law, or it cannot foreclose.    What does a bank have to show to re-establish the lost note? Enforcement of…

What is a partition (forced sale of real estate)? Whenever individuals interested in land as owners and co-tenants are unable to agree on a voluntary partition of the land through consent and mutual agreement, one or more of them has the right to seek judicial proceedings to partition the property. Partition principles are applied flexibly…

What is a Constructive Trust? Constructive trusts are sometimes referred to as involuntary trusts (or trusts ex maleficio). When a court exercises its jurisdiction, it may create a constructive trust to ensure fair and equitable relief. If the court determines that the person holding the property is indeed acting as trustee for the benefit of…

Every contract obligates each party to act with good faith and fair dealing during its performance and enforcement. In Florida law, the implied covenant of good faith and fair dealing is an integral part of every contract.  Florida contract law recognizes the implied covenant of good faith and fair dealing in every contract. However, it’s…

You may be interested to know that under Florida law the custodian or holder of a will must deposit it into the probate court within 10 days upon written demand informing him/her that the testator has passed away.  Florida Statute 732.901 operates as follows:  Production of wills.— (1) Upon receiving information that the testator has passed away, the…