FAQ

 

FORECLOSURES

WHAT IS FORECLOSURE?

Foreclosure is a civil action where a lender brings a lawsuit against a borrower to terminate the borrower’s rights to a piece of property and force it to be sold. The lender will receive money from the sale in order of priority along with claims from other parties.

CAN I STOP A FORECLOSURE?

Yes, you may be able to stop or at the very least delay foreclosure with the help of our experienced and knowledgeable foreclosure defense team. We have an arsenal of defenses and a variety of options we use to help our clients stay in their homes.

HOW CAN STEELE LAW HELP WITH MY FORECLOSURE?

Our team understands that people going through hardship are generally impacted in every aspect of their lives. A home is a safe place for you and your family. We know the importance of your home and we are eager to do all we can to help you. Our comprehensive knowledge of foreclosure law and areas affecting consumer protection and foreclosure give us an edge up and you a fighting chance. We rely on substantive and procedural law to hold banks accountable – to simply require them to prove their case before taking someone else’s property. Banks and their lawyers should be treated no different than anyone else trying to forcibly remove someone from their home.

National and state laws encourage banks and their lawyers to offer our client fair deals to help them achieve their goals. Those goals may include a short sale, deed-in-lieu of foreclosure, or loan modification. Some clients want their day in court and want us to defend the case at trial.

Many people have no idea that there are lawyers who can successfully defend their foreclosure cases. The team at Steele Law handles foreclosure cases throughout the Palm Beaches and the Treasure Coast (Palm Beach, Martin, and St. Lucie counties) continuously scouring new statutes and case law around the country to make sure the firm and our attorneys stay well-versed in every possible angle to help clients facing foreclosure. We have successfully obtained short payoffs, saved homes via loan modification, helped clients come out debt-free via deed-in-lieu, and won at trial!

WHAT IS THE IMPACT OF COVID-19 FORECLOSURES?

The rapidly evolving coronavirus (COVID-19) has created an environment of complexity and uncertainty that no doubt has impacted yours in some way.

Foreclosure Moratoriums: Under the CARES Act, beginning on March 18, 2020, a servicer of a federally backed mortgage loan may not initiate, seek, or execute any foreclosure.

On April 2, 2020, Florida Governor Ron DeSantis signed Executive Order 20-94 suspending all foreclosures and evictions in Florida because of the Coronavirus pandemic. Also, the federal government has imposed a foreclosure moratorium for federally backed mortgage loans, starting March 18, 2020.

HOW MUCH TIME DO I HAVE TO ANSWER A FORECLOSURE LAWSUIT?

The state of Florida only allows 20 days to file your answer to a foreclosure. If you wait past this deadline, your relief options begin to dwindle. Time is of the essence in these cases and you need to seek legal guidance as soon as possible after receiving your summons.

REAL ESTATE

WHAT ARE THE BENEFITS TO HAVING AN ATTORNEY FOR A REAL ESTATE CLOSING?

A real estate attorney can be a valuable asset in your real estate transaction. Steele Law will provide you the benefit of competent and knowledgeable representation.

When utilizing an attorney as a closing agent, you have legal representation throughout the transaction, from contract negotiations through the closing. In comparison, the role of a title company is limited to the preparation of documents needed in the issuing of title insurance. A title company cannot provide legal guidance and only owes you limited fiduciary protection.

We work with real estate agents and brokers assisting with contract preparation, negotiations, and additional contract addendums while providing you with our legal knowledge along the way.

If issues with the title search or survey arise in preparing for closing, we can provide you with the fastest and most efficient way to resolve such a dilemma by drafting the proper corrective documents, ensuring your closing occurs on time. As stated, a title company cannot typically generate mitigating documents, and can NEVER provide legal advice if such instances arise.

One of the most crucial decisions you will make in purchasing a property is how to title it. We can discuss a variety of options available and the advantages that each has.

WHAT IS TITLE INSURANCE AND WHY IS IT NEEDED?

Title insurance is a type of insurance that offers protection against claims resulting from various defects (as set out in the policy) that may exist in the title to a specific parcel of real property, effective on the issue date of the policy. It is intended to protect an owner or a lender from a loss because of a title defect, lien, or other matter which might adversely encumber the title to real estate. The insurer will defend against claims challenging the title or reimburse the insured for an actual monetary loss incurred, up to the limits provided under the policy. Title insurance is not required in cash transactions; however, all mortgage lenders require a loan policy of title insurance whenever there is a mortgage.

Title insurance is important for homebuyers to cover any defect that may arise through a title search. A title search can show several title defects and liens, as well as other encumbrances and restrictions, which include unpaid taxes, unsatisfied mortgages, judgments against the seller, and restrictions limiting the use of the land.

WARRANTY DEED VS. QUITCLAIM DEED

A Warranty Deed guarantees that there are no other existing claims on the property, a Quitclaim Deed does not. Nonetheless, both deeds transfer interest in a property from a grantor (property owner) to a grantee or buyer. Quitclaim Deeds are often used between people who know each other well, such as family members, while Warranty Deeds are recommended for sales between unrelated parties as they offer purchasers more protection by providing a warranty that the property is free of any encumbrances.

WHAT ARE KEY ISSUES TO CONSIDER WHEN REVIEWING A HOME PURCHASE CONTRACT?

The purchase contract is the most important step in purchasing a home and the details of this agreement determine what you buy or sell and how you buy it or sell it. Before signing, read the agreement carefully and consider the following:

  • Is the purchase contingent on matters such as the availability of financing on acceptable terms or the sale of the house which the buyer presently owns?

 

  • Exactly what land, buildings, and furnishings are included in the offer? Are appliances, certain fixtures, and other personal property included in the purchase price?

 

  • When can the buyer take possession?

 

  • Are there any restrictions on the use of the property?

 

  • If your offer is accepted, who bears the risk of loss if the property is damaged prior to closing?

 

  • Are any of the boundary lines in dispute?

 

  • What are the consequences if the buyer or seller defaults under the contract?

 

  • What type of deed will be conveyed?

      ESTATE PLANNING

      WHY IS IT IMPORTANT FOR AN ATTORNEY TO WRITE MY WILL?

      Estate planning protects your family and your legacy by passing control of your affairs and assets to people you trust to manage them properly. The laws relating to estate planning and wills are complex. Florida, like every other state, has its own set of rules on how a will should be drafted and signed. If a will is not written correctly and executed properly, it may not be admitted to probate. An experienced attorney can help you draft a valid will that truly expresses your wishes and satisfies all formation requirements.

      WHAT BASIC ESTATE PLANNING DOCUMENTS SHOULD I HAVE?

      Durable Power of Attorney:

      No one likes to think about disability and yet none of us is invulnerable. If we become disabled, a Florida Durable Power of Attorney is needed. The “durability” in the durable power of attorney allows it to survive disability and this is fundamental to estate planning.

      Health Care Surrogacy:

      A Health Care Surrogate is an individual you appoint to make healthcare decisions when you are not able to make them yourself.

       

      Last Will and Testament:

      A Last Will and Testament is a testamentary document that “testifies” as to the wishes of the deceased so it may deem reliable. Essentially the Last Will and Testament are instructions for the Florida Probate Court to rightly determine who is entitled to the assets of an estate, thus this document must be properly drafted.

      WHAT CAN BE ACCOMPLISHED BY A WILL?
      • You decide who gets your property instead of the law choosing for you.

       

      • You may name the personal representative (executor) of your will as you choose, provided the one named can qualify under Florida law. A personal representative is one who manages an estate and may be either an individual or a bank or trust company, subject to certain limitations.

       

      • A trust may be created in a will whereby the estate or a portion of the estate will be kept intact with income distributed or accumulated for the benefit of members of the family or others. Minors can be cared for without the expense of proceedings for guardianship of property.

       

      • Real estate and other assets may be sold without court proceedings if your will adequately authorizes it.

       

      • You may make gifts, effective at or after your death, to charity.

       

      • You decide who bears any tax burden, rather than the law making that decision.

       

      • A guardian may be named for minor children.
      HOW OFTEN SHOULD MY WILL BE UPDATED?

      Writing a will is a lot to take on, mentally, and emotionally. Not only does it make you confront your own mortality, but it also forces you to make big decisions about who you trust to handle your financial and personal matters after you are gone. Once you have made a will, however, you cannot just put it in a drawer and forget about it. You must update it regularly to make sure it reflects your personal circumstances and wishes. The following is a list of events that would suggest your estate plan be reviewed.

       

      • You or a child has gotten married or divorced.

       

      • There has been a change in your health or the health of your spouse or an immediate family member.

       

      • There have been significant changes in the financial situation of you or your immediate family.

       

      • There have been significant changes in the relationship between you and the people you have named as beneficiaries, trustees, guardians, or other fiduciaries of your estate plan.

       

      • You want to do tax planning to save you or your family money and taxes.

       

      • You have inherited or will be inheriting money or assets.

       

      • You have retired or are contemplating retiring from a business or profession.

       

      • There have been changes in the law that may affect your estate plan

       

      WHAT IS PROBATE?

      Probate is the court process through which a person’s estate is administered. In layman’s terms, it is one of the means through which a person’s final affairs are resolved. In Probate, various matters are addressed, including those such as payment of creditors, the gathering of estate assets, payment of any unpaid taxes, determination of beneficiaries, appointment of a guardian, and distribution of assets. Considering probate can be expensive and time-consuming, one of the objectives of Estate Planning is to avoid or minimize probate.

      PERSONAL INJURY

      WHY IS IT IMPORTANT TO HAVE ATTORNEY REPRESENTATION FOR A PERSONAL INJURY CLAIM?

      Hiring an attorney leads to a better level of representation and increases your chances of being awarded a larger settlement. Lawsuits can quickly escalate into complicated legal battles with many moving parts. Having an experienced team on your side that can affect a person’s life and the damages involved. We will provide you with individual comprehensive legal representation.

      SHOULD I PROVIDE A STATEMENT TO AN INSURANCE WITHOUT AN ATTORNEY?

      Never make any sort of statement to an insurance company before you consult an attorney! Never sign anything, or accept an initial settlement offer without seeking legal counsel as the offer is likely to be well below the amount to which you are entitled. Let us help you deal with the insurers.

      WHAT IS THE TIME FRAME FOR FILING A PERSONAL INJURY LAWSUIT?

      Florida law currently requires personal injury cases to be filed within four years of the date of the accident. The time limit to file claims involving malpractice can be as short as two years.  Some situations can extend or shorten this timeline, but it is best to begin the process immediately to avoid missing any deadlines.

      BUSINESS LAW

      LLC VS. S-CORP

      An LLC is a business entity that is legally separate from its owners and can have one member or many members.

      An S-Corporation is not a type of business entity, but designation refers to the way business has chosen to be taxed under the Internal Revenue Code.

      The difference between an LLC and an S Corp comes down to taxes. Income generated by an LLC is considered taxable personal income. In an S Corp, you can deduct business expenses from a company’s taxable income.

      WHAT ARE THE ADVANTAGES OF AN LLC?

      An LLC can be structured in almost any way the owners desire. While the operations and business structure of corporations are largely controlled by statutes the owners of an LLC can do it their  way.

      • An LLC can have as many owners as it wants, there are no limits.

       

      • Anybody can be an owner of an LLC, including non-US citizens, corporations, trusts, and another LLC

       

      • An LLC can have multiple classes of stock.

      LITIGATION

      WHAT IS LITIGATION?

      Litigation is a lawsuit between two or more people or entities that do not seek criminal sanctions. The remedy sought in Litigation is usually money or a judgment that requires one party to do something or to stop doing something. 

      WHO ARE THE BASIC PARTIES INVOLVED IN CIVIL LITIGATION?

      The Plaintiff is the person and/or entity who brings a civil suit in a court of law.

      The Defendant is the person and/or entity that is being sued in the civil proceeding.

        CONTACT US FOR A FREE CONSULTATION

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        PORT ST. LUCIE

         

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        10570 S US Hwy. 1 Suite 300

        Port Saint Lucie, FL 34952

        PALM BEACH GARDENS

         

        FINANCIAL CENTER AT THE GARDENS

        3801 PGA Blvd.

        Palm Beach Gardens, FL 33410