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

Tides Hotel $42M Foreclosure Lawsuit Filed In South Florida

Fort Lauderdale Business Disputes

In 2017, the Tides Hotel in South Beach, Florida began renovations on the historic 45-room hotel and surrounding property at 1220 Ocean Drive and multiple addresses on Collins Ave. 

The renovations sought to expand the hotel to 145 rooms by connecting it to the newer buildings on Collins Ave. The building plans for the 1936 art deco-style hotel also included a new outdoor swimming pool. 

Construction Delays & Financing 

Hurricane Irma struck later in 2017, causing the property to incur significant damage and delaying the construction process. The loan for the project, which was initially taken out for $45M in 2014, was extended multiple times to accommodate the borrowers. 

Safe Harbor Equity is the loan’s servicer and the plaintiff of the foreclosure lawsuit; suggesting that the move was intended to protect their investment after having taken out a $34M loan themselves to secure the note for the Tides Hotel renovation. 

A Safe Harbor Equity spokesperson noted that the foreclosure suit is not intended to isolate the borrowers. 

“It is always our preference to restructure the debt and work with the borrower to satisfy their debt and keep them operational,” they said to a reporter for the South Florida Business Journal. Depending on the response from Tides Hotel management, the lawsuit may or may not proceed in court. 

Pursuing or Defending Against Foreclosure 

Whether you’re a purchaser or a bank, it’s important to have legal representation during the foreclosure process. Foreclosure is never ideal and can be costly for both the property buyer and the lender. 

Various circumstances can make your case easier or more difficult, making it critical that you are able to understand your legal rights and available options so you can make decisions that are in your own best interests. Our ultimate goal is to help you protect your property and financial assets regardless of the situation at hand. 

Contact Feinstein Real Estate Litigation and Business Law Today 

At Feinstein Real Estate Litigation and Business Law, we understand the numerous challenges presented by foreclosure, particularly when the property is high-value. We can provide you with experienced legal representation during settlement negotiations or litigation in a Palm Beach courthouse. Let us help you pursue or defend your assets against foreclosure. 

Contact us today for a consultation to discuss the details of your case with an experienced real estate litigation lawyer by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | February 24, 2021 | Real Estate Litigation

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

$6M Palazzo Villa Condo Sells After 2 Years of Real Estate Litigation

Orlando Contract Disputes

After two years of contentious real estate litigation, the last of four Palazzo Villa condos in Palm Beach was sold for $6 million. 219 Brazilian Ave. in Midtown now belongs to a Florida limited liability company called 219 Brazilian LLC. 

A Real Estate Lawsuit Dating Back to January 2018

In January 2018, Palm Beach couple Robert and Francine Green brought a lawsuit against four companies: three of them related to ARCA U.S. Holding Corp. and the fourth, Palazzo Villas of Palm Beach Development, Inc. 

The Greens alleged that Palazzo Villas breached their contract after the couple put down a $1.4 million deposit for the condo at 219 Brazilian Ave., listed for sale in May 2016 for $7.195 million. 

In the real estate lawsuit, the Greens stated that Palazzo Villas failed to deliver the condo as promised in the contract and additionally did not refund their deposit. 

Palazzo Villas denied the allegations and countersued the Greens. Litigation continued for two years until a settlement was finally reached. 

A Confidential Settlement 

In December 2020, the claim was resolved by Palm Beach County Circuit judge James L. Martz, with neither party the winner. 

The settlement itself remained confidential, however, both the Greens’ lawsuit and the countersuit against them by Palazzo Villas were dismissed and each party is responsible for their own legal expenses. It is unclear whether the Greens were reimbursed for their $1.4 million deposit. 

It also remains unknown if the Greens did end up being the purchasers of the property through a company called 219 Brazilian LLC. The condo was sold off-market at the end of December for just $6.05 million. 

Involved in Real Estate Litigation? Feinstein Law Can Help 

Real estate litigation can be complex and drag on for months or even years, like Green vs. Palazzo Villas. It’s crucial that you have an aggressive litigator on your side who is comfortable in the courtroom and can zealously represent your best interests. Regardless of which side of the case you are on, our team can provide you with the smart legal strategies you need for success. 

Feinstein Real Estate Litigation & Business Law has extensive experience advocating for our clients in court, even against the toughest and largest legal teams. We can help you resolve your lawsuit and increase the chances that the final court order is in your favor. 

Call now for a consultation at 954-767-9662. 

By : admin | December 27, 2020 | Construction Litigation

Miami Homebuilder Sued for Millions In Holiday Fraud Lawsuit

Fort Lauderdale Real Estate Litigation Attorney

Luxury South Florida Real Estate Developer Accused of Fraudulently Doctoring Construction Invoices and Overcharging Customers 

Miami homebuilder Francisco Mendez, and his company Pioneer Inter-Development, have been sued for millions of dollars, according to a recent lawsuit filed in the Miami-Dade Circuit Court on Wednesday, December 23rd. 

Inflated Invoices

The real estate lawsuit alleges that Mendez inflated construction invoices, overcharging customers for services and overpaying subcontractors. Mendez is accused of then demanding that the subcontractors pay him the difference, allowing him to pocket the extra money collected from his real estate clients. 

Marianna Dubinsky is also named in the lawsuit, along with her companies SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. Dubinsky is accused of aiding Mendez in the fraud scheme by providing his company with the revised and inflated invoices. 

Multiple Defendants

The lawsuit names three defendants who were customers of Mendez and Pioneer Inter-Development: Ana and Patricio Cordero and Trevor Taylor. Taylor alleges that Mendez took three years to build a home that was promised to him in 12 months, all while continuing to charge him for construction services. 

The project began in 2017, and it wasn’t until the summer of this year that Taylor discovered that he had been overcharged by at least $600,000. A concrete subcontractor had received $600,000 less than Taylor paid for the service, funds that he found went to Pioneer Inter-Development and Francisco Mendez. 

Double-Billed

Taylor also discovered that he had been double-billed for the same services; once by a window subcontractor for $11,139 and again for $44,695. The invoices looked identical save for the differing amounts, however, the window provider did not have any record of the second invoice. Taylor requested a refund of the $44,695 after finding out that he was overcharged, however, Mendez refused and terminated the construction project. 

The Corderos allege that they were overcharged by $2 million or more when Pioneer Inter-Development took more than two years to make minimal progress on their custom home. The couple later discovered that specialty materials they had paid for were never ordered and instead, the funds were moved through SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. 

At the time of writing, the plaintiffs are awaiting a hearing. An attorney for Mendez claims that he committed no wrongdoing and will pursue litigation in court. 

Real Estate Litigation

Were you or your loved ones defrauded by a Homebuilder, Developer, or Contractor? Do you need help deciphering whether or not there was a fraud?  If you have been defrauded or if your suspicions are correct, you are in the company of dozens of Floridians affected by contract and homebuilding scams each year. In the above action, the plaintiff exercised their rights to litigate the material issues in their case, you have that same right at your disposal should you choose to do so.  The allegations made in their case speak to a variety of fraud and wrongdoing on behalf of their homebuilder such as:

  • fraud
  • unjust enrichment
  • civil conspiracy

Criminal Charges In Real Estate Fraud

Under new Florida laws that were passed in July of 2019, House Bill 7125, modified Florida Statute 489.126 in such a manner that it may actually afford some homeowners/homebuyers with additional protections and avenues to pursue criminal charges against a contractor who defrauds them.

Get Help Today

If you have suffered fraud at the hands of your home builder, contractor, or developer, it is vital that you get experienced Real Estate Litigation help from an experienced real estate litigation attorney as soon as possible. Feinstein Real Estate Litigation & Business Law is recognized in the industry for its aggressive litigation skills. Call for help now: tel:954-767-9662

 

 

By : admin | December 20, 2020 | Real Estate Litigation

What Are Construction Defects and Design Negligence?

Orlando Real Estate Litigation

When you hire a company to design and build property, you expect that the finished result will be free of defects and design flaws that can impede your ability to use the building for the purposes for which it was designed. 

If this doesn’t happen, it can leave you frustrated, concerned, and unsure of what you can do to resolve the situation to ensure your investment is protected. 

Here’s what you should know about construction and design defects and how contractor negligence can be handled through litigation. 

Construction Defects Defined 

Construction defects are defects in the structure of a residential or commercial building due to errors that occurred during the building and development process. 

For example, if a contractor installed a door incorrectly that prevents you from using part of the building or poses a hazard, this is considered a construction defect. 

When Design Negligence Is the Root of the Problem 

Design defects, or design negligence, are often included under the umbrella of construction defects. These are issues with the actual design of the building rather than the execution of its development. 

For example, a designer may be held responsible for roof repair or replacement if its design prevented it from adequately protecting the building even when installed incorrectly. 

Can You Benefit From Construction Litigation? 

The American legal system provides remedies for purchasers that have suffered damages or losses as a result of a construction or design defect. You may be able to bring a lawsuit against the designer, developer, or builder of your property for financial compensation. 

If you are unable to reach an agreement with the designer or developer of your property to repair the defect(s) and compensate you for the losses you may have incurred as a result, litigation may be a viable option. 

During real estate litigation, you will bring your claim forward for a judge to determine if the defect caused you to suffer damages and if so, how the defendant should make reparations for that. 

Contact Feinstein Real Estate Litigation & Business Law Today 

At Feinstein Real Estate Litigation & Business Law, we have the experience and skills to provide you with zealous and aggressive representation in the courtroom. We’re seasoned litigators and can help ensure your best interests are represented throughout the dispute process. 

Contact us today to learn more about filing a construction defect or design negligence lawsuit or to schedule a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), 305-728-5267 (Miami).

By : admin | December 16, 2020 | Construction Litigation

What Legal Problems Might I Face When I Work With a Mortgage Lender?

Orlando Contract Disputes

When you enter into a mortgage with a lender, you enter into a legally binding contract. In doing so, you assume that the mortgage lender you’ve selected is acting in good faith. However, this may not be the case. Here are some potential legal problems you could face when you work with a mortgage lender and what you can do to protect your interests if you run into trouble. 

Discrimination 

A mortgage lender is not able to legally discriminate against individuals applying for mortgage funding based on protected criteria like gender, race, religion, culture, or sexual preference. Mortgage lenders are bound by the same discrimination restrictions as are found in the Equal Credit Opportunity Act and the Fair Housing Act. 

Predatory Lending Practices 

A mortgage lender may target a particularly susceptible group of buyers and offer them unreasonable lending terms, often without properly educating or advising potential borrowers of the fine print. For example, a lender may advertise bad or no credit home loans or a home loan with $0 down payment, but neglect to inform the borrower of balloon payments three years into the contract or an absurdly high interest rate. 

Mortgage Fraud 

Many people mistakenly believe that the majority of mortgage fraud is committed by consumers who falsify information on their mortgage applications in hopes of being approved or getting a better interest rate. However, mortgage lenders can falsify financial documents as well and may do so if they’ve sold your mortgage to another lender without informing you. 

Foreclosure 

If you struggle to make your house payments on time, you may be issued a notice of intent to foreclose from your mortgage lender, often a bank or other financial institution. This means that the lender is bringing legal action against you to resume ownership of the home due to nonpayment. 

Homeowners have a few options to defend their families and homes against foreclosure, but it requires the help of a seasoned real estate litigation attorney. The initial stages of a foreclosure can buy you enough time to get caught up on your mortgage payments, after which you can move to have the foreclosure dismissed. 

Get Experienced Real Estate Litigation Support Today 

Before you sign on the dotted line of a home loan, it’s important to understand your legal rights and how to best protect them. Mortgages put a significant amount of money on the line, and you need someone strictly in your corner. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami).

By : admin | November 16, 2020 | Contract Disputes

The Fragile Nature Of The Corporate Veil

Business Disputes In Orlando

When starting a business, one of the first decisions you must make is the type of entity you will use to run your business. For many in Florida, the limited liability company or corporation is the most desirable because they offer protection of the business owner’s personal assets in the event that the business becomes liable for debts or damages. This separation of the corporation’s assets from those of the owner or shareholders is called the corporate veil.

If you own a corporation or LLC, you may feel impervious to lawsuits or creditors who may seek your personal assets because you have the protection of the corporate veil. However, it is important that you understand the limitations of that protection. In fact, you may not realize that certain actions by business owners or shareholders may dissolve the separation between you and your business.

What might pierce the corporate veil?

Running your business as a corporation or LLC offers you some security. If your business goes into debt, for example, you may not fear losing your home or personal savings. However, the corporate veil does not protect you in every circumstance. The term “piercing the corporate veil” refers to situations where the entity of the owner or shareholders and the entity of the business are no longer separate, placing the owner or shareholders at risk of personal liability. The following are examples of actions that may pierce the corporate veil:

  • Mixing your personal finances with those of the business
  • Using the business to commit fraud
  • Acting egregiously by placing the corporation’s prosperity over the good of the public
  • Using business funds for personal use, even as a loan
  • Keep poor or inaccurate financial records
  • Failing to pay state and federal payroll taxes
  • Misusing business credit cards for personal use
  • Using your personal assets as collateral for a business loan
  • Signing contracts or loan agreements personally without the backing of the shareholders

If these or other circumstances exist and you are facing legal action, your personal property may be in jeopardy. As with most elements of business law, Florida’s statutes may be different from those in other states. You may also be dealing with matters of federal law. This is why, at the earliest sign that you may be at risk of personal liability, you would be wise to seek the advice of an attorney who has experience in state and federal litigation.

By : admin | November 15, 2020 | Business Litigation

What Are the Most Common Reasons for Real Estate Litigation in Florida?

Orlando Real Estate Litigation

Real estate litigation is an instrument utilized by real estate brokers and agents, property sellers and purchasers, and landlords and tenants to protect legal rights and rectify damages. Here are the most common reasons litigation is pursued in the real estate realm and what you can do to safeguard your best interests in any real estate dispute.

1. Failure to Disclose Property Defects 

Property sellers in Florida are legally required to disclose known and non-evident property defects that may affect its value. If a purchaser later learns of a previously undisclosed property defect after closing, they may bring forward legal action against the seller of the property for failure to disclose. 

These cases can be difficult to win and require experienced legal representation because you must have evidence that the property seller knew about and purposefully concealed a property defect or that the defect is significant enough that the seller should have reasonably known about it.

2. Breach of Duty 

Real estate agents and other professionals typically have a duty to their clients to act in the client’s best interests. However, unscrupulous agents may act in their own best interests in order to secure a sale. 

For example, a real estate agent may minimize significant defects that reduce the value of a property to keep the sale price from being negotiated down or the sale from falling through entirely. If the client has experienced losses or damages from the agent’s actions, a lawsuit may be warranted.

3. Breach of Contract 

A breach of contract is arguably the most common reason for real estate litigation. Contracts are crucial in the real estate realm and outline what each party involved in the transaction is responsible for and obligated to do. Failure to abide by a written and agreed upon contract can be costly for everyone involved. 

To successfully win a breach of contract case, you must be able to show evidence that you fulfilled your own contractual obligations as well as evidence that the party you are suing did not. This is particularly true when seeking damages in high net worth real estate lawsuits. 

When to Contact a Florida Real Estate Litigation Attorney 

If you’re a party to a real estate dispute, it’s important that you have adequate legal advocacy to protect your rights and best interests. Our real estate litigation team can help. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami). 

By : admin | October 16, 2020 | Real Estate Litigation