Coral Gables, FL
Bankruptcy and debt Lawyer at Coral Gables, FL
Practice Areas: Bankruptcy & Debt, Real Estate ... +2 more
OUTCOME: Case settled - terms confidential.
Matouk et al v. MCZ/Centrum Flamingo, etc., et al, Case No. 09-27379 CA 15, 11th Circuit Court, in and for Miami-Dade County. Represented out-of-state tenants who claimed they were wrongly evicted f ... rom their South Beach bachelors' pad used for vacations.
OUTCOME: Prevailed on appeal causing lis pendens to finally get discharged.
Ferguson v. Parrish, 959 So.2d 1197 (Fla. 3d DCA 2007) (convinced trial court and appellate court that lis pendens recorded against clients' properties could not withstand the constitution).
OUTCOME: Mortgage Reinstated, followed by settlement payment
In re Cuevas, 2007 WL 397006 (Bkrtcy.S.D.Fla.); 20 Fla. L Weekly Fed. B 417. Although bankruptcy court judge found adversary action to be procedurally incorrect, favoring instead to act upon the iss ... ues in the context of a contested motion, court acknowledged that there were serious issues presented regarding the nature and adequacy of service upon our client - a mortgage holder seeking to reestablish her mortgage which had previously been stripped by an order of the bankruptcy court. Case was then settled and client received payment on her mortgage.
OUTCOME: Lower Court Decision Reversed, then case settled.
Blanco v. Novoa, 854 So.2d 672 (Fla. 3d DCA 2003). Although the written agreement was titled "Lease" and although the monthly payments were described as "Rent," and our client was described as a "Les ... see" and the title holder as "Lessor," since the agreement also contained a right to purchase by our client, the court agreed that the document was really a mortgage; that it was not a lease as the trial court judge had thought; and that foreclosure, not eviction was the proper remedy. Our client was then able to proceed to defend her property interest without having to post "rent" money into the court registry.
OUTCOME: Prevailed at both trial level and on appeal to fully preserve client's property interest.
Casaca, N.V. v. Waked, 761 So.2d 1115 (Fla. 3d DCA 2000) (prevented client's property boundaries from being replaced by those of an incorrectly applied survey).
OUTCOME: Appellate court agreed - reversed lower court.
Smith v. F.D.I.C., 61 F.3d 1552 (11th Cir. 1995). Smith held a second mortgage to property against which the FDIC held the first mortgage, having acquired their interest as the receiver for a failed ... bank. Some years later, Smith filed a quiet title action to remove any possible remaining cloud on the title resulting from the first mortgage lien that terminated according to Florida law (i.e. more than five years had passed since the time the last scheduled payment on the mortgage came due). The FDIC successfully convinced the trial judge that federal law extended the limitation period for the FDIC to take action on contracts to six years, preempted the state statute that otherwise exhausted the lien of the mortgage. On appeal Mr. Russo argued that the federal statute upon which the FDIC relied had expired anyway because an acceleration provision within the note and mortgage had previously been invoked, thus shortening the federal statute.
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