ERW Law Blog

Once a lender forecloses and acquires a property, it is important to guard against losing it While property can be lost after a foreclosure by failing to pay the taxes or for new construction repairs, there are a few situations in particular that will cause a lender to be “wiped-out” after a foreclosure. The first situation is the failure to pay assessments to the Homeowners Association (HOA) or the Condominium Association (COA). Florida law generally requires a lender who forecloses a first...

According to Florida law, usually yes – and a sale must include a Certificate of Title from the DMV

While Florida may be known for its beaches, resorts and cities, it also has rural areas and smaller communities where there are many mobile homes.

From a legal perspective, it is important to distinguish a mobile or manufactured home from a modular home – which is often built in sections in a factory and then assembled...

Title defects are nothing new. In fact, if you examine a property title closely enough – often referred to as “fly specking” – you will undoubtedly find some minor technical problem. The increase in delinquent mortgages and foreclosures over the past few years has brought renewed attention to the problems that can result from title defects. While such errors can remain unknown with performing loans – since there usually is no need to examine them closely – it’s a different story...

The now deflated real estate bubble gave rise to a host of mortgage problems that continue to haunt lenders today.  Although “get rich quick” and other fraudulent mortgage schemes have received the most attention, a more dangerous legacy of the real estate boom for lenders is the widespread use of line-of-credit mortgages, popular in the early years of the last decade. The reason line-of-credit mortgages continue to pose a greater risk for loss than fraud is simple: although fraud prospered during this period, it still...