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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 | March 16, 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 8, 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

Do You Have A Deposition Coming Up? It May Be Done Remotely

Best Miami Litigation Attorney

Even under the current circumstances, the wheels of justice continue to turn. Civil lawsuits filed prior to societal changes may have continued to move forward or will soon.

If you filed a civil lawsuit or are defending against one, you may need to participate in a deposition. If so, the odds are good that you will attend remotely.

What does that mean for you?

The concept of remote depositions is not a new one, but it has gained popularity in recent months. It is becoming the new normal for a number of people. If you are scheduled for a remote deposition and you will not be sitting with an attorney at the time, it may help you to understand how to prepare:

  • You will need a good internet connection, which can be hardwired or WiFi.
  • You will need a computer, tablet or smartphone. You will probably need to choose the one that provides you with the best video and audio, so it may take some testing to see what that is for you.
  • Enter the call early to make sure that your video and audio are working properly. Most of these types of calls have a 15-minute leeway before the start time for this purpose.
  • In many cases, someone such as the court reporter will facilitate the call, and he or she may allow for a test call to make sure that everything will function correctly when the time comes.
  • Find a place in your home where you can be alone without any ambient noises and without others entering your space. You may also want to make sure the background behind you is appropriate — perhaps a blank wall would work best.
  • You will be videoed as well, so make sure that you are wearing something appropriate for the occasion.
  • During the deposition, make sure you enunciate your words and speak clearly. If others are talking, try not to speak at the same time.

If an attorney represents you, he or she will most likely provide you with copies of any documents you may receive questions about during the deposition. Moreover, you will usually spend some time preparing for it, so if you do not have something you need to thoroughly answer the questions put to you, this would be the time to clarify and get what you need.

By : admin | July 2, 2020 | Lawsuits