Florida's Business Law Firm
Fort Lauderdale 954-767-9662 - Boca Raton 561-981-6212 - Miami 305-728-5267
30 years Team AV

Clients Reviews

Litigated Closed-Down Golf Course in Palm Beach Residential Area Sells for $33M

A closed-down golf course in Boca Raton has sold for $33M after years of being mired in litigation. The Mizner Trail Golf Club was purchased by a West Palm Beach County real estate company that may build additional residential homes on the land after leveling the golf course. 

Residents Fighting Against Redevelopment 

The 125-acre golf course was the subject of heated litigation on both sides as residents surrounding the area fought against the redevelopment of the course for many years. They introduced lawsuits to halt development on the property, however, lost in 2014 when a Palm Beach County commission approved the area for redevelopment. However, it wasn’t until the end of 2019 that the golf course sold. 

Meeting New Housing Needs 

Housing trends in Florida are heading towards easy-to-build, single-family homes that can be rented and are simple to maintain and revamp in between tenants. The Mizner Trail Golf Club will likely be used as land for these new types of rentals, despite the disapproval of nearby residents. It is unknown if this is the confirmed plan for the property though, and construction may not begin for some time. 

As the need for housing in Florida continues to grow, more areas like this shuttered golf course may be sold for redevelopment into functional spaces that can provide homes to residents in need. 

Are You Involved in Real Estate Litigation? Get Legal Help Now 

If you’re interested in acquiring or developing a property and are facing opposition from residents or businesses in the area, it’s important that you have adequate legal representation throughout the process. Not only do you want to make sure that your best interests are protected, you also want to be confident that you’re abiding by all zoning and development laws. 

Without the help of an experienced real estate litigation attorney, you may lose more than just time and money. Your reputation is also at stake, so it’s critical that you act quickly and consistently. 

Feinstein Real Estate Litigation & Business Law Can Help 

At Feinstein Real Estate Litigation & Business Law, we have years of experience protecting the rights and interests of our clients in a wide variety of real estate and business litigation matters. We’re not afraid to settle out of court or go toe to toe in the courtroom; whatever your case needs for success, we’re ready to rise to the occasion. 

Contact our office today to schedule your consultation at 954-767-9662.

By : admin | January 27, 2021 | Construction Litigation

What Are Property Boundary Disputes in New York?

Fort Lauderdale Real Estate Litigation Attorney

Property boundaries, or property lines, are the physical boundary where one property ends and another begins. As properties are purchased and sold over time, boundaries can get muddied, leaving owners confused about where the property lines actually are. Land development makes this even more difficult.  

Here’s what you should know about property line disputes in New York and how to get help asserting your right to the ownership of your property. 

What Is a Boundary Line Dispute? 

A boundary line dispute is a disagreement about where a property starts and ends in relation to where another property starts and ends. For example, one property owner may say that the boundary extends an additional acre to the East, however, the other property owner may disagree entirely or say that it’s only half an acre. 

Regardless of the specifics of a boundary dispute, each party usually believes they have the right to more land than the other and that the property line is farther towards their neighbor.  

Steps You Can Take 

If you find yourself embroiled in a property line dispute, you can take a few initial steps yourself to attempt to resolve the situation, such as: 

 

  • Identify the problem and your ideal resolution 
  • Discuss the issue with your neighbor and see if you can reach an agreement or compromise 
  • Check your title insurance policy to find out if it covers legal representation in the event of a boundary dispute 
  • Involve an experienced New York real estate litigation attorney as soon as possible 

How a Lawyer Can Help 

An attorney can assist you with:

 

  • Having your property surveyed 
  • Analyzing your deed 
  • Changing the legal descriptions of property you own to describe their current use 
  • Determining the legality of developing your property in accordance with zoning and permit regulations 
  • Assessing the legal implications of your property development on nearby properties 
  • Asserting your rights in the event of a trespass or property use interference

If you are unable to reach an agreement with your neighbor fairly quickly and easily, don’t hesitate to reach out to an attorney for a consultation. In many cases, boundary disputes are too complex to manage on your own, even if you and your neighbor are agreeable. 

Contact Finestein & Malloy, LLC Today 

If you or your business is involved in a property line dispute, don’t hesitate to obtain immediate legal representation. It’s critical that you have experienced legal assistance to defend your rights to your property and secure its proper ownership. 

Call today for your initial consultation at 973.635.4500.

By : admin | January 16, 2021 | Contract Disputes

Palm Beach Shores Condo Development Hit By $5.5M Foreclosure Lawsuit

Orlando Contract Disputes

A Palm Beach Shores property that is currently under development to become a condominium has been hit with a $5.5 million foreclosure lawsuit due to the borrower allegedly defaulting on the loan and failing to pay Florida property taxes. 

The Property

The property under development is a 3.4 acre lot located at 150, 200, and 206 Inlet Way in Palm Beach Shores. It currently houses three multi-unit residential buildings with 23 individual apartments total and was approved for a Skyfall Ocean condominium with 15 units. It was purchased in 2019 for $6.5 million, with a $5.5 million mortgage. 

The Lawsuit 

The foreclosure lawsuit was filed on January 6, 2020 by Fryd Mortgage against multiple defendants: Skyfall Ocean 150 LLC, Skyfall Ocean 200 LLC, Skyfall Ocean 206 LLC, and loan guarantors Jay Duetchman and Robert S. Castellano. 

The suit alleges that the borrower did not pay property taxes or make the required mortgage payment on December 1, 2020, therefore defaulting on the loan. Six of the condo units have been sold already at prices between $1.78 and $3.9 million. 

The defendant alleges that the mortgage payment has been delayed due to expecting to receive another construction loan in the amount of $20 million, however, the closing date wasn’t scheduled until December 31st. The defendant planned to use the second loan to pay off the initial $5.5 million loan.  

How Litigation Can Help You Collect After Nonpayment 

Filing a lawsuit can help you collect money you are owed in a real estate transaction if the other party has not paid by the agreed upon date. This is often the best way to protect your interests, even if the other party makes promises to pay. 

In the above lawsuit, the defendant took out the $5.5 million loan knowing that they would not be able to pay it back before they received funds from another loan after the first payment for the first loan was due. By filing a lawsuit, the plaintiff is preparing for the possibility of the defendant being denied the second loan and not having the funds to meet their already established financial obligations. 

Are You Involved In Real Estate Litigation? Get Experienced Assistance Today 

Feinstein Real Estate Litigation & Business Law has the skill and experience needed to aggressively represent you in your real estate dispute. Call now for a consultation at 954-767-9662.

By : admin | January 15, 2021 | Lawsuits