Mortgage & Foreclosure

The real estate lawyers of McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. maintain close ties with banks and commercial lenders and assist individual clients, businesses, and developers in negotiating loans and mortgages and in working out alternatives when foreclosure is threatened. Our firm’s goal is to work with clients to protect their interests and identify beneficial lending mechanisms and financial structures for their real estate investments.

We represent banks and other commercial lenders and structure and close their commercial loans. When doing so, our experience in real estate litigation helps to intercept and prevent problems before they ever arise. That same level of real estate transactional and litigation experience also provides a great benefit for borrowers.

Our lawyers also can advise and assist in creative structuring of mortgages, other financing tools, and other legal issues, in addition to general business law matters. We have extensive experience in mortgage law and litigation involving mortgage agreements, misrepresentation in connection with mortgage documents, and other residential and commercial mortgage matters and disputes.

Residential Foreclosure Defense and Workouts

Like all too many Floridians in difficult economic circumstances, Florida homeowners may be at risk of losing their homes to foreclosure. If you are behind on your mortgage payments, your lender can declare a default and force the sale of the home. Lenders do not like foreclosures, because they are costly and difficult. But they do not hesitate to foreclose on past due loans if they are not given better options.

Robert P. Summers, a Board Certified Real Estate Lawyer by The Florida Bar Board of Legal Specialization and Education, specializes in handling mortgage modifications and other kinds of workouts. Under Mr. Summers’ leadership, the real estate lawyers of McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. create effective yet affordable options for homeowners facing mortgage difficulties. Depending on your particular situation, our lawyers can discuss numerous practical options, including:

  • Mortgage foreclosure defense
  • Short sales
  • Declaratory relief
  • Deed in lieu of foreclosure
  • Equitable redemption
  • Hard money second
  • Mortgage modification
  • Foreclosure sale
  • Reinstatement of defaulted mortgage
  • Refinancing
  • Soft second loan
  • Special forbearance
  • Walk away from the transaction
  • Partial claim payment

Defenses to a Commercial Foreclosure Action

With extensive experience in commercial mortgages and loans, the knowledgeable real estate attorneys of McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. provide solutions and defenses when your business or development is threatened with foreclosure. Available defenses can generally be divided into four broad categories:

Equitable Defenses

  • Equitable estoppel
  • Waiver
  • Merger
  • Laches
  • Unclean hands

Contractual Defenses

  • Lack of consideration
  • Lack of notice
  • Defective acceleration
  • Accord and satisfaction
  • Reinstatement and tender
  • Promise to renew

Statutory Defenses

  • Usury
  • Lack of notice
  • Statute of Limitations
  • Statute of Frauds

Lender Liability Defenses

  • Unconscionability
  • Fraudulent Inducement
  • Breach of duty of good faith and fair dealing

Contact the firm online or call (772) 286-1700 to discuss your important business and personal legal needs.