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Articles Posted in Real Estate Law

ORivera-DBR-profile-11-17The firm’s Oscar R. Rivera was the subject of a profile article in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Real Estate Attorney Oscar Rivera Traces Career Roots to Shredding Carbon Paper,” chronicles Oscar’s career in the law, which began when he was still in high school in the 1970s.  It reads:

Oscar R. Rivera’s first job at a law firm required him to go through the office trash cans to find and shred the discarded carbon sheets used to make copies of legal documents.

That was in the 1970s, and Rivera was in high school and working at a Miami management-side labor law firm. His shredding was meant to prevent a pro-union law firm from dumpster-diving to read the flimsy purple sheets to gain insight into its opponent’s strategy, Rivera said.

“If you looked at the carbon paper against the light, you could read the letter,” he said.

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Michael Hyman srhl-law.jpgThe firm’s Michael Hyman provided some insight into a recent decision by the Fifth District Court of Appeal in an article in today’s edition of the Daily Business Review. The appellate ruling, which was also the subject of the preceding blog article by firm partner Nicholas Siegfried, affirms that subsequent mortgage assignees of the original first mortgage of a property are entitled to the “safe harbor” limitation for unpaid association dues of the lesser of twelve months of assessments or one percent of the original mortgage debt.

Helio De La Torre 2013.jpgFirm partner Helio De La Torre wrote a guest column that appeared in the Daily Business Review last Friday, September 26, calling for the Florida legislature to consider significant changes to the state’s condominium termination law.

Stuart Sobel 2013.jpgPartner Stuart Sobel has authored a number of guest columns that have appeared in the Daily Business Review and the National Law Journal during the last several years, and his latest article published in the July 3 edition of the Daily Business Review is drawing considerable attention by the South Florida legal community.

Recently, short sales in South Florida have become a popular foreclosure alternative. In a short sale, the sales price is less than the amounts owed to creditors. Accordingly, the owner is required to negotiate a settlement with all creditors in order to sell the property free and clear of any liens. Commonly, the offer submitted to the association in connection with a short sale is less than the full amount owed to the association. Should the association accept less that the full amount owed? Should the association negotiate the amount it will accept? Can the association demand payment in full? In the video below, I discuss in detail what associations should look for when considering a settlement offer submitted in connection with a short sale.

Several municipalities in South Florida now appear to be starting a new trend that is likely to gain momentum in the months and years to come. These municipalities, which include West Palm Beach, Palm Beach County, Hallandale Beach and Sunrise, have changed the manner in which they bill homeowners for code enforcement repairs in an effort to force the owner to pay or face the possibility of losing their property. With so many abandoned properties winding their way through the slow pace of the foreclosure process, this change is likely to receive significant consideration and approval by many municipalities in the months to come.

News reports of bulk buyers acquiring blocks of unsold units at local condo developments have become a weekly fixture in the local business pages, and the underlying financials of these deals point toward a continued healthy future for bulk buyers in the months and years to come. For many South Florida condominium associations that are slowly recovering from the foreclosure crisis, these bulk buyers can represent a major financial boon for troubled properties as these buyers start paying assessments and begin to rebuild the association’s coffers.