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What Does a Real Estate Litigation Lawyer Do?

Employee Benefits and Compensation: Trends and Compliance Challenges

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

Miami Nightlife Mogul Files $28 Million Lawsuit Against the City

Can I Obtain Attorneys Fees In A Real Estate Litigation Case?

Orange Beach Condo Lawsuit Hauntingly Familiar After Champlain Towers Collapse

Trump CFO Sues Home Insurer for Hurricane Irma Damage

$250M Lawsuit Filed for Use of Underwater Land Cables in Pompano Beach

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

Oracle Corp. Facing A Lawsuit Over An Alleged Lack Of Diversity

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Florida's Business Law Firm
Fort Lauderdale Phone954-767-9662

What Does a Real Estate Litigation Lawyer Do?

real-estate-lawyer-micahel-feinstein

Real estate litigation lawyers handle legal disputes related to real property. This can include issues with buying, selling, leasing, zoning, construction, lending, insurance, and taxation of real estate. Here is a more detailed overview of the responsibilities and work duties of a real estate litigation attorney:

  • Handling real estate contract disputes – Real estate deals involve complex contracts and if a dispute arises over the terms, the litigation lawyer can help negotiate a settlement or take the case to court. For example, disputes over who is responsible for repairs, failure to disclose property defects, disagreement over closing terms, failure to pay on time, etc.
  • Property title and ownership disputes – The litigation attorney can help resolve disputes over legal title and ownership rights. This includes boundary or survey discrepancies, adverse possession claims, contested inheritances, and fraud or forgery related to property titles.
  • Foreclosures and landlord-tenant disputes – When a foreclosure is contested or tenants sue over dispute with a landlord, a real estate litigation lawyer can represent the lender or landlord in the ensuing litigation. Common issues include evictions, rent control, habitability, lease terms, security deposits, etc.
  • Easements and land use disputes – Disputes frequently arise over shared driveways, encroachments, nuisance complaints, zoning violations, etc. The litigation attorney handles trespassing and nuisance lawsuits. They also contest any land use decisions or condemnation actions by local authorities that impact property values or development plans.
  • Construction defects and mechanics liens – Shoddy construction work can lead to lawsuits over breach of contract, building code violations, mechanics liens, and construction accidents. The real estate litigation lawyer handles these complex construction defect cases and the web of contracts involved.
  • Environmental contamination – Property owners often get embroiled in disputes over environmental contamination, underground storage tanks, hazardous waste, asbestos, and lead paint. The litigation attorney handles cases seeking recovery for cleanup costs or property damage.
  • Challenging property taxes – Real estate lawyers can contest property tax assessments by filing appeals and lawsuits on a property owner’s behalf if they believe the municipal assessment is inaccurate or unreasonable.
  • Negotiating settlements – The litigation lawyer will often negotiate settlement agreements and releases to resolve issues outside of court. They work to secure favorable terms for their client. If no settlement is reached, then they proceed to trial.
  • Preparing cases for trial – This involves extensive pretrial preparation including gathering evidence, deposing witnesses, researching case law, retaining expert witnesses, valuing property, drafting legal briefs, and filing the appropriate court motions.
  • Representing clients in court – If a settlement is not achieved, the real estate litigation lawyer will zealously advocate for their client during the trial and argue the case before the judge or jury. This can involve questioning witnesses, challenging evidence, and persuading the jury.
  • Enforcing judgments – After winning at trial, the attorney will also assist with enforcing the court’s judgment, recovering awarded monetary damages, securing injunctive relief, or obtaining a property transfer through the court if necessary.

In Summation

Real estate litigation attorneys help resolve a wide variety of conflicts and disputes related to real property ownership and transactions. Their litigation skills, real estate knowledge, and experience with contract law are critical to optimally protecting their client’s interests in these complex cases.

Schedule Your Consultation Today

When you need legal help with a real estate issue, you want a lawyer who will truly advocate for you. At our firm, you’ll find an attorney with over 40 years of experience and a proven record of outstanding results for clients.

Michael Feinstein, our founding lawyer, holds the highest possible peer rating from Martindale-Hubbell – AV Preeminent. This honor is reserved for lawyers who demonstrate exceptional legal skills and ethics. He also has a perfect Avvo rating, further underscoring his dedication to clients.

How has Mr. Feinstein earned such high regard from his peers and clients? By consistently providing excellent legal solutions and personalized attention to every case. Over his long career, he has:

  • Represented clients in well over 100 trial cases with successful outcomes
  • Managed multi-million dollar real estate transactions
  • Completed hundreds of commercial and residential deals
  • Guided over 100 businesses from startup to financial success

This wealth of experience is an invaluable asset when navigating complex real estate disputes and transactions. Specific examples of Mr. Feinstein’s versatile experience include:

  • Winning breach of contract lawsuits related to property sales
  • Fighting condemnations and zoning changes that hurt land values
  • Holding contractors accountable for construction defects
  • Challenging unfair property taxes and assessments
  • Recovering damages from environmental contamination
  • Asserting title rights in inheritance and boundary disputes

In addition to litigation, we provide comprehensive real estate transactional services including:

In addition to representing real estate cases we also represent these practice areas as well:

We’ve even successfully taken over botched cases from less experienced attorneys. Our knowledge runs deep across real estate and business law.

When your property, assets, and investments are on the line – you need an attorney who will fight for your best interests. With over four decades of working closely with South Florida clients, Michael Feinstein has the experience, integrity, and track record to get you optimal results.

To schedule your consultation with our highly regarded real estate attorney, call us today at 954-767-9662. Let our expertise work for you.

FAQS

Q: What types of employment discrimination cases do you handle?

A: We assist clients with all forms of employment discrimination based on protected characteristics such as race, religion, national origin, gender, disability, age, and sexual orientation. This includes discrimination, harassment, wrongful termination, failure to promote, unequal pay, and retaliation.

Q: If I’ve signed an employment contract with an arbitration clause, can I still work with an employment lawyer if issues arise?

A: Yes, absolutely. While an arbitration clause requires disputes to be resolved through arbitration rather than court, you still benefit from consultation with an employment attorney. We can represent you in arbitration proceedings, advise you on the strength of your case, negotiate a favorable settlement, and provide guidance on enforcing the final decision. Many steps are similar to litigation. An experienced employment lawyer can still provide great value despite the arbitration clause.

 

By : admin | August 24, 2023 | Lawsuits

Employee Benefits and Compensation: Trends and Compliance Challenges

The success of any organization depends on its ability to draw in and keep top people in the cutthroat job market of today. Employee compensation and benefits are important in this context because they boost employee happiness, engagement, and general well-being. Employers may find it difficult to stay on top of this industry’s changing trends and ensure compliance with pertinent laws. In this blog article, we’ll look at the most recent developments in employee benefits and pay as well as the difficulties businesses have with compliance. We will also draw attention to Michael L. Feinstein’s firm, Feinstein Real Estate Litigation & Business Law, which specializes in handling legal issues pertaining to employee benefits and pay.

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Employee Benefits and Compensation: Trends and Compliance Challenges 3

I. Current Trends in Employee Benefits and Compensation:

  1. Flexible Work Arrangements:
    • Increased demand for remote work options and flexible schedules.
    • Offering work-from-home allowances and flexible hours to accommodate employee needs.
    • Providing access to digital tools and technologies that support remote collaboration.
  2. Wellness Programs:
    • Focus on employee well-being through comprehensive wellness initiatives.
    • Offering gym memberships, wellness workshops, mental health resources, and stress management programs.
    • Promoting a healthy work-life balance and encouraging a positive workplace culture.
  3. Financial Wellness:
    • Providing financial planning tools and resources to help employees manage their finances.
    • Offering retirement savings plans, investment opportunities, and access to financial advisors.
    • Educating employees on budgeting, debt management, and long-term financial goals.

II. Compliance Challenges in Employee Benefits and Compensation:

  1. Evolving Legal Landscape:
    • Frequent changes to employment laws and regulations at the federal, state, and local levels.
    • Staying updated with compliance requirements regarding minimum wage, overtime, leave policies, and health insurance.
    • Ensuring adherence to anti-discrimination laws and Equal Employment Opportunity (EEO) guidelines.
  2. Data Privacy and Security:
    • Protecting sensitive employee data in compliance with privacy laws (e.g., General Data Protection Regulation).
    • Implementing secure data storage systems and protocols to prevent data breaches.
    • Obtaining employee consent for data collection and ensuring transparent data handling practices.
  3. Navigating Complex Benefit Programs:
    • Managing various benefit programs such as health insurance, retirement plans, stock options, and flexible spending accounts.
    • Ensuring accurate administration, enrollment, and communication of benefit options.
    • Complying with reporting requirements, such as Form 5500 for retirement plans.

III. Feinstein Real Estate Litigation & Business Law: Expertise in Employee Benefits and Compensation:

Feinstein Real Estate Litigation & Business Law, led by Michael L. Feinstein, specializes in providing legal counsel and representation in matters related to employee benefits and compensation. Their expertise includes:

  1. Compliance Guidance:
    • Assisting organizations in navigating complex employment laws and regulations.
    • Conducting audits to ensure compliance with benefit plan requirements.
    • Developing policies and procedures that align with legal standards.
  2. Dispute Resolution:
    • Representing employers in employee benefit-related disputes, including claims and litigation.
    • Resolving conflicts with employees, regulatory bodies, and insurance providers.
    • Negotiating settlements and advocating for the best interests of clients.
  3. Legal Advocacy and Risk Mitigation:
    • Advising organizations on risk management strategies to minimize legal exposure.
    • Drafting and reviewing employment contracts, compensation agreements, and benefit plan documents.
    • Providing guidance on data privacy and security to protect sensitive employee information.

Conclusion:

In order to recruit and keep top talent, employee perks, and compensation continue to be crucial. In order to handle the compliance issues posed by employee benefits, organizations must stay up to date on the most recent trends. The firm of Feinstein Real Estate Litigation & Business Law, managed by Michael L. Feinstein, provides complete legal experience to aid companies in overcoming these difficulties. Organizations can assure compliance, reduce risks, and create a strong benefits and compensation framework that improves employee happiness and organizational performance by working in partnership with competent legal professionals.

By : admin | April 24, 2023 | Lawsuits

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

Miami Nightlife Mogul Files $28 Million Lawsuit Against the City

Miami Litigation Attorney

City Lawsuits Touches Down In Miami

In the fall of 2021, the city of Miami cracked down on nightlife code violations, which resulted in the closure of Taquerias el Mexicano restaurant and Ball & Chain bar, both owned by Florida landlord and developer Bill Fuller of Mad Room Hospitality in Little Havana. 

Fuller filed the $28 million lawsuit against the city, stating that his establishments were targeted by city commissioners for political reasons. An attorney for Mad Room Hospitality, Maria Fehretdinov, stated that “the owners of Ball & Chain and Taquerias have been on the city’s ‘target’ list for years as the city deployed a deliberate plan of retaliation in an attempt to destroy these landmark Miami event spaces.” 

The Miami Police Department Becomes Involved 

Mad Room Hospitality offered compelling evidence against city commissioners in the case, alleging that they approached the Miami Police Department to get assistance in targeting specific establishments [the commissioners] believed were engaged in criminal conduct. 

Police chief Art Acevedo suggests that commissioners were attempting to use the MPD to help enforce their own agenda. Acevedo names commissioner Joe Carollo specifically, stating that he “continues to attempt to influence the MPD and city code enforcement deployment decisions. In fact, Carollo [and another commissioner] provided the MPD with a target list of establishments that they claim are engaged in criminal activity.”

The City of Miami Denies Allegations 

Despite evidence from the MPD, the city of Miami denies the allegations against commissioner Joe Carollo and others. Miami City Attorney Victoria Mendez went on record to state that Ball & Chain and Taquieras owner Bill Fuller is attempting to divert attention away from the illegal operation of his establishments, both of which had their certificates of occupancy revoked by the city for code violations. 

Mendez said, “This is yet another attempt on Mr. Fuller’s part to deflect his illegal management of properties and businesses onto the city. We look forward to addressing his conduct in court.” The city continues to deny that multiple raids conducted by the MPD and Florida’s Alcohol, Tobacco, and Firearms (ATF) division were perpetuated by commissioners. 

When to Contact a Veteran Real Estate Litigation Lawyer in Miami 

If you’re dealing with a real estate litigation issue, it’s important to have an experienced attorney on board as soon as possible. Call Feinstein Real Estate Litigation & Business Law today for a consultation by dialing 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | January 13, 2022 | Lawsuits

Can I Obtain Attorneys Fees In A Real Estate Litigation Case?

Fort Lauderdale Real Estate Litigation Attorney

Real Estate Litigation In South Florida

The court has the discretion to award attorney fees on a case-by-case basis, but Florida courts consider four factors when determining whether a party is entitled to an award of attorney’s fees. Those four factors are reasonableness of the claim or defense, frivolousness of the claim or defense, motivation for bringing suit, and ability to pay.

When it comes to awarding attorney’s fees in connection with real estate litigation, here are some highlights from Title VI §61.1601(a)1-8 of the Florida Statutes:

Reasonableness of the Claim or Defense

This factor will always be present in every case that requests an award of attorney’s fees under section 61.1601. However, it is not automatically enough to entitle a party to an award of attorney’s fees. Instead, this factor must be weighed against the other factors that are present in the case.

The frivolousness of the Claim or Defense

A claim or defense is frivolous if it is groundless and not made in good faith. It does not matter whether what you are suing about has any merit so long as there was no reasonable cause for bringing suit—even if your opponent cannot prove his position.

Motivation for Bringing Suit

If someone knew they were wrong but filed a lawsuit anyway, chances are high that they will be required to pay attorney’s fees. On the other hand, if someone had a good faith belief in the merit of their lawsuit, there is a good chance they will not be required to pay attorney’s fees.

Ability to Pay

One important factor that has been consistently mentioned in any discussion of whether or not a party should have to pay attorney’s fees is that person’s ability to pay. In today’s society where most people are overworked and underpaid, judges take into account how much it would cost someone before ordering them to shell out more money.

Other Factors

There can be other factors in a case that may also influence a judge when awarding attorney’s fees in Florida real estate litigation. Only an experienced Florida real estate litigation lawyer can give you legal advice about your Florida real estate litigation case.

Attorney’s fees are not mandatory—the judge has the discretion to award attorney’s fees depending on the circumstances of your Florida real estate litigation case.

Court Costs Vs Attorney’s Fees

It is important to note that court costs are different from attorney’s fees. Court costs are fixed by Florida statute and usually consist of filing fees, service of process fees, garnishment filing fees, etc. Even though court costs are fixed by statute, courts have the ability to adjust those amounts based on the Florida real estate litigation facts of your Florida real estate litigation case. You can learn more about court costs in Florida here.

Get Immediate Legal Help

As you can see, there are many things to consider when it comes to Florida real estate litigation attorney’s fees. If you are considering Florida real estate litigation, it is in your best interests to consult with Florida real estate litigation lawyer so that you know all of your Florida real estate litigation options. Contact Michael Feinstein for more information on how he can assist you.

By : admin | December 22, 2021 | Lawsuits

Orange Beach Condo Lawsuit Hauntingly Familiar After Champlain Towers Collapse

Popular beachfront condo Palm Beach Resort sits just a short walk away from the Alabama beach and is surrounded by lush palm trees and two sparkling swimming pools. It’s a gorgeous condominium primarily marketed to vacationers and families who spend winters in South Florida. 

However, the 20-year-old, five-story, three-building Orange Beach complex is facing some of the same issues as the Champlain Towers prior to their June 24th, 2021 collapse. Following the start of construction on Phoenix Gulf Towers nearby at the beginning of 2019, the buildings at Palm Beach Resort began to show signs of stress and age. 

An Eerily Similar Lawsuit Filed Last August 

A Baldwin County lawsuit filed in civil court August 2020 states there are serious issues, including cracked walls and foundations. After the Champlain Towers South collapse in June, the lawsuit is gaining new attention as beachfront towns in South Florida take proactive measures to ensure resident safety by creating new condominium inspection guidelines. 

At the time of writing, the Champlain Towers collapse has resulted in the deaths of at least 86 people, and 43 people are still unaccounted for but are presumed deceased. 

Is the Construction At Phoenix Gulf Towers the Culprit? 

One of the most pressing questions in the lawsuit is whether the ongoing construction work at Phoenix Gulf Towers is causing the Palm Beach Resort to deteriorate. According to legal documents, the new Phoenix Gulf Towers are being built just 25 feet East of the property border between Phoenix Gulf and the Palm Beach Resort. 

In the suit filed last August, attorneys for the plaintiffs suggest that illegal excavation, unsafe pile driving, and failure to adequately monitor vibration during construction are contributing to a possible future disaster.  

“The condominium association is doing everything they can to assess the damage and keep everyone safe,” says Palm Beach Condominium Association Inc. attorney Adam Milam. “That includes going after the people responsible so that hopefully one of the best things that comes out of this is future heavy construction will be better regulated as well as there will be better regulations and inspections on existing structures on a regular routine basis to ensure that nothing like Surfside happens in Orange Beach or Baldwin County.”

Contact Feinstein Real Estate Litigation & Business Law Today 

If you’re involved in a real estate or construction dispute, don’t hesitate to reach out to Feinstein Real Estate Litigation & Business Law for legal help. Call now for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

By : admin | August 6, 2021 | Lawsuits

Trump CFO Sues Home Insurer for Hurricane Irma Damage

Orlando Real Estate Litigation

The Trump Organization is no stranger to lawsuits, particularly those that concern real estate and property development. Palm Beach, where many of the Trump family members live and work, has seen numerous cases involving the exchange, sale, purchase, and litigation of Trump-owned properties over the years. 

One of the most recent lawsuits comes from Allen Weisselberg, the Trump Organizaton’s Chief Financial Officer (CFO). 

The Plaintiff’s Claim 

Allen Weisselberg and his wife Hilary, filed a lawsuit in Februrary 2021 against their homeowners insurance company, American Strategic Insurance Corp. for damage they allege was done to their Boynton Beach home in 2017 as a result of Hurricane Irma. The couple claims that their home suffered over $30,000 worth of “direct physical damage” from the intensity of the storm. 

The Lawsuit 

The Weisselbergs initially filed a claim through their insurance company which was later denied. The lawsuit, which seeks an unspecified amount of damages, alleges that the insurance carrier breached their contract with the Weisselbergs when their hurricane damage claim was denied. The specific details of what the damage included were not available at the time of writing. 

What to Know About Property Damage Insurance Claims 

It’s not uncommon for homeowners insurance companies to deny legitimate claims in an effort to avoid paying a claim. Many people make the mistake of believing their insurer is on their side, but quite the opposite is true. 

This often leads to messy lawsuits where a property owner made a claim that should have been paid out, but the insurance company acted in bad faith by denying the claim, delaying the processing of the claim unnecessarily, or otherwise preventing the rightful and timely compensation of a homeowner. 

Do You Need the Help of a Seasoned Florida Real Estate Litigation Attorney? 

If your homeowners insurance has denied a legitimate claim and you have been unable to reach a successful resolution through settlement negotiations, litigation may be necessary. You should work with an experienced Palm Beach County real estate litigation lawyer who understands the value of property and can aggressively pursue the best possible outcome in your case. 

Many attorneys who are inexperienced in the courtroom will push clients to accept less-than-fair settlements because they feel inequipped to advocate for their client in trial. The lawyer you choose to represent you in an insurance dispute should be ready to litigate when necessary. 

Contact Feinstein Real Estate Litigation & Business Law for your initial consultation today at  954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | April 28, 2021 | Lawsuits

$250M Lawsuit Filed for Use of Underwater Land Cables in Pompano Beach

Best Miami Litigation Attorney

Hillsboro Inlet is a small waterway that sits on the East edge of Pompano Beach, right on the shore of the Atlantic ocean. It’s a popular place for boaters who live nearby to dock and provides easy access to both the Southern Atlantic coastline and downtown Pompano Beach. 

The Plaintiff’s Claim 

Recently, a company by the name of South Spanish Trail LLC and owned by a man called William Swaim, alleged that it owns portions of the Hillsboro Inlet. This includes many parts of the already-established personal properties of residents, as well as some of the land underwater. South Spanish Trail LLC’s claim seeks to establish land use rights. 

The Lawsuit 

The $250M lawsuit filed by Swaim’s property development company names multiple defendants, including large companies who have cables buried deep underwater in the Hillsboro Inlet. 

Marty Kiar, the property appraiser for Broward County, has filed a motion of clarification to compel a judge to review the seriousness of the claim and the legal ramifications should the plaintiff win their case. If Swaim’s company does succeed, residents will no longer have ownership over property in their own backyards. 

In one case, a resident’s pool would no longer be their own property, and Swaim’s company could charge for the use of the land. This is exactly the situation another resident is in with his dock after receiving legal notification that he would need to pay $150,000 annually to use the dock on property he’s owned for 38 years. 

What You Should Know About Land Use Lawsuits 

Land use lawsuits can be used to resolve a multitude of real estate litigation issues, such as when two parties have juxtaposing views of who owns a particular piece of property or who have a disagreement about how land is being used. 

Land use laws in Florida are often complex and difficult to understand, making it critical to have a knowledgable lawyer in your corner if you find yourself in a land use or property ownership disagreement. 

When to Contact an Experienced Florida Real Estate Litigation Attorney 

If you’re involved in a complicated real estate or land use dispute, it’s important that you have a seasoned litigation lawyer on your side who can zealously advocate for your best interests and a positive outcome. 

Call Feinstein Real Estate Litigation & Business Law for your initial consultation today at  954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | March 28, 2021 | Lawsuits

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

Oracle Corp. Facing A Lawsuit Over An Alleged Lack Of Diversity

Boca Dispute With Business Partners

Most companies want to do their best to ensure that diversity is a significant part of their operations. They want to employ diverse workers, appeal to diverse clients and customers, and have an overall reputation of harboring diverse interests. However, some parties may feel that a company is not doing enough to further diversity and a lawsuit could result.

Florida readers may be interested in a lawsuit recently filed by a shareholder against Oracle Corp. that claims the company has not stood by its diversity promises. The shareholder indicated that the company’s board has only one representative of minority ethnicity and that the board has no Black executives. The claims also stated that the company promises diversity in its filings and annual reports to shareholders, but those promises have not been fulfilled.

The shareholder wants the lawsuit to cause changes in the company, including the resignation of at least three directors and the chairman of the board in order to create a more ethnically diverse board. At the time of the report, the company had not provided a statement regarding the claims issued in the lawsuit. It was noted that Oracle is also facing a class action lawsuit regarding pay discrimination.

When a company faces a lawsuit or multiple lawsuits, it is vital that the proper steps are taken to handle the issues in the most appropriate way possible. It can be difficult to determine which avenues may be the best to pursue, but Florida business owners facing a similar ordeal can review their options with knowledgeable attorneys. Their legal counsel can provide specific insight into which steps could be most viable for working toward favorable outcomes.

By : admin | July 20, 2020 | Lawsuits
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