Stuart Firm Advocates for Clients in Mortgage and Foreclosure Matters
Accomplished Florida attorneys represent property buyers and lenders
Whether a property investment succeeds or fails often depends on the associated financing. The real estate lawyers of McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. in Stuart offer comprehensive legal support to clients seeking to negotiate loans and mortgages. We maintain close ties with banks and commercial lenders in addition to assisting individuals, businesses and developers along the Treasure Coast and throughout Florida. We also help our clients work out effective alternatives when foreclosure is threatened. Whatever your particular needs, our firm’s goal is to protect your interests and identify beneficial lending mechanisms and financial structures for their real estate investments.
Experienced advisers work to help home buyers secure funds
If you’re looking to secure a suitable mortgage for your residential, commercial or developmental property, our lawyers can assist in finding the right lender and structure for your needs. Our significant background in this field gives us the ability to identify creative solutions and anticipate any legal or practical obstacles that might arise. For concerns relating to mortgage agreements and other property financing matters, you can count on us to provide skillful legal support.
Dedicated lawyers handle residential foreclosure defense and workouts
Even a brief downturn in someone’s economic fortunes can put them at risk of losing their home to foreclosure. When a mortgagor falls behind on their payments, they must act quickly and effectively to take advantage of available remedies. Lenders do not like foreclosures, which are costly and time-consuming. However, lenders will not hesitate to foreclose on past due loans if there are no better options. Firm shareholder Robert P. Summers is certified in real property law by the Florida Bar Board of Legal Specialization and Education. Under his leadership, our attorneys create workable, affordable ways to end the threat of foreclosure, such as:
- Mortgage modifications
- Deeds in lieu of foreclosure
- Short sales
- Refinancing arrangements
- Reinstatements of defaulted mortgages
- Partial claim payments
Relying on decades of experience and detailed knowledge of the way that financial institutions work, we work confidently to maximize the likelihood that you will stay in your home.
Effective attorneys defend borrowers of commercial mortgages
With an extensive track record handling commercial mortgages and loans, our knowledgeable real estate attorneys provide solutions and defenses when your business or development is threatened with foreclosure. Available defenses can generally be divided into four broad categories:
- Contractual defenses — These include lack of proper notice and failure of consideration. Other potential contractual defenses are accord and satisfaction, reinstatement and tender and defective acceleration of payment obligations.
- Statutory defenses — High-interest mortgages might violate usury laws. Unwritten mortgage terms are invalid under the statute of frauds. And foreclosures not initiated in a timely manner may be barred by the statute of limitations.
- Lender liability defenses — Lenders who breach their duty of good faith and fair dealing by drafting unconscionable language or using fraudulent inducement to close a loan might not be able to foreclose on a property and could face other penalties.
- Equitable defenses — A party seeking to foreclose could be stopped by one of several equitable defenses, such as waiver, estoppel, merger, laches and unclean hands.
Don’t assume that because you received a foreclosure notice that no recourse exists. Whatever the circumstances you are facing, our firm strives to achieve a favorable result.
Established firm advises lenders on commercial loans
We represent banks and other commercial lenders in the structuring and closing of commercial loan agreements. With strong roots in the area and a broad perspective on local property and business issues, our attorneys spot financing tools that others may miss and we take action to prevent problems before they arise. Having provided valuable assistance to both borrowers and financial institutions, we can work quickly and efficiently to help you take advantage of opportunities as they arise.
Contact a Treasure Coast lawyer for advice on a mortgage or foreclosure concern
Throughout the Treasure Coast and the Palm Beaches, McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. provides knowledgeable counsel on matters relating to Florida mortgages and foreclosure actions. Please call 772-286-1700 or contact us online to set up an appointment at our office in Stuart.