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Florida Condo Owner At Risk of Losing Property After 30 Year Legal Battle

Monroe Capital & Witkoff Group Face $125M Lawsuit For Taking Ownership of Shore Club Hotel

Florida Businesses File Suit Against the State In Wake of the Stop WOKE Act

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Florida Condo Owner At Risk of Losing Property After 30 Year Legal Battle

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A Boca Raton condo owner has been giving pushback against the forced sale of his property for nearly 30 years. Howard Fellman is the last individual owner at Crystal Palms – the rest of the 175 units are owned by real estate construction and property development mogul Scully Company. 

Scully Company has been putting pressure on Fellman to sell despite his long-established history of non-negotiation, and this time the law has been changed to potentially allow property developers to force the sale. 

Palm Beach County Judge Rules Condo Association Is Within the Law 

In 2021, the Crystal Palms voted to make it easier for the dissolution of its designation as a condominium. Once it is no longer a condo, Scully Company can oust Fellman whether or not he agrees. The only caveat is that he must be offered a fair market price for the property. 

Fellman tells the Palm Beach Post that it’s unfair a big company can force private owners like him to give up their homes. He says, “The condo laws were passed to establish procedures for unit owners to peacefully co-exist, not for an investor to confiscate private property. It’s as if Boardwalk is confiscating Park Place.” 

How Other Florida Property Owners May Be Affected By Fellman’s Case 

Other Florida property owners can expect to be impacted by the decisions made in Fellman’s case. Although he’s appealing the judge’s decision that Crystal Palms was allowed to make it easier to dissolve their condo designation, it’s expensive. Fellman says, “This is costing me a bloody fortune. There is no rainbow at the end of the road for me.” 

He’s continuing the fight for the benefit of everyone else who could face the forced sale of their properties if he loses. “My case will be used as a poster child for developers to confiscate property from condo unit owners. It will happen to anybody who doesn’t have the deep pockets to defend themselves, and happen mostly to senior citizens.”

Being Forced to Sell? A Florida Real Estate Litigation Law Firm Can Help 

If you are being pressured to sell property that you own by a corporate interest, take action to protect your investment. Contact Feinstein Real Estate Litigation & Business Law today for a consultation to learn what steps you can take next. Call now by dialing 954-767-9662.

By : admin | August 31, 2022 | Real Estate Litigation

Monroe Capital & Witkoff Group Face $125M Lawsuit For Taking Ownership of Shore Club Hotel

Sunny Isles Beach Real Estate Litigation Attorney

Read about an illegal ownership lawsuit in South Florida between well-known real estate firm Witkoff Group and SC Philips Clark LLC, former 50% shareholder of the Shore Club Hotel. Learn how a veteran Florida real estate litigation lawyer can help your organization. 

The Lawsuit 

Witkoff Group and real estate lender Monroe Capital are being accused of conspiring to usurp ownership of SC Philips Clark LLC’s 50% stake in the Shore Club Hotel. The 309-room hotel has been closed since 2020 at the beginning of the coronavirus pandemic, and was financed by a $100M+ loan by Monroe Capital. Lead developer, HFZ Capital Group, was intended to pay for the costs of the project and SC Philips Clark LLC was intended to get a 50% stake in the hotel in exchange. 

However, HFZ defaulted on the loan when pandemic hardships hit, and that’s when the lawsuit alleges Witkoff and Monroe teamed up to illegally take ownership of SC Philips’ shares. This purportedly breached the original contract, prompting the plaintiff to file suit. 

Protecting Your Real Estate Interests With the Help of a South Florida Litigation Attorney 

Your real estate interests are likely a significant portion of your financial and retirement portfolio. Protecting them is important, and the only way to effectively do this is with the assistance of an experienced Florida real estate litigation attorney. A lawyer understands complicated property laws and how they might affect you individually, and can make recommendations on what actions will and won’t be in your best interests. 

If you neglect to work with a lawyer on a real estate dispute – whether someone is bringing legal action against you or you are bringing action against someone else – there is a significant risk of losing. Even if you feel like the facts of your case are rock-solid, being able to present them to a judge and jury, if applicable, effectively is critical. You could have smoking gun evidence and still lose your case if you aren’t able to make a compelling argument within the confines of the law. 

Reach Out to Feinstein Real Estate Litigation & Business Law Today

If you are involved in a real estate lawsuit or need to protect your real estate interests by filing one, Feinstein Real Estate Litigation & Business Law can help. Call today for a consultation to discuss the details of your real estate case by dialing 954-767-9662 (Fort Lauderdale).

By : admin | August 3, 2022 | Lawsuits

Florida Businesses File Suit Against the State In Wake of the Stop WOKE Act

Miami Corporate Litigation Lawyer

With legislation rapidly changing across the country, businesses are becoming increasingly concerned about how their companies will be impacted by new restrictions and regulations – and rightly so. 

In July 2022, Florida businesses filed a lawsuit against the state after governor Ron DeSantis passed the Stop WOKE Act, alleging it infringes on a company’s right to free speech. Here’s what to know and how to get help from a business litigation firm in Florida if your company has been negatively impacted by a new state law. 

What Is the Stop WOKE Act? 

The Stop WOKE Act (Stop Wrongs to Our Kids and Employees Act) is new legislation that prevents employers with 15 or more employees from mandating that their employees attend discussions in the workplace about critical race theory, Black history, and LGBTQIA+ issues. While employers are still free to host speeches, training sessions, and other educational activities on these topics in the workplace, they may not require employees to attend as a condition of employment. 

How Does This Legislation Hurt Businesses? 

Racism and sexism has been a long-standing issue in the workplace that should continue to be addressed. The injunction filed by attorneys representing Florida businesses suggest that the new legislation infringes upon their right to free speech and causes harm to the operation of their companies. 

Employers can no longer require employees to attend diversity and inclusion training, which businesses claim interferes with their ability to adequately prepare employees for the workplace.  

What Recourse Do Companies Have Against State Laws That Harm Their Businesses?

Companies that are unjustly affected by legislation can bring a lawsuit against the state if the legislation infringes on one of their constitutional or state rights. States may be ordered to compensate businesses for losses incurred under the unfair legislation. 

Contact Feinstein Real Estate Litigation & Business Law Now 

If your business has lost or will lose money as a result of state legislation, you may have legal recourse available to you if you suffered damages caused by laws that violate your constitutional rights to free speech, freedom of assembly, free press, and other rights afforded to businesses. 

Call Feinstein Real Estate Litigation & Business Law for more information or to get the legal help you need. Dial 954-767-9662 to make an appointment with our Fort Lauderdale business law and real estate litigation attorneys now.

By : admin | August 1, 2022 | Business Litigation
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