Real Estate Law Legal Issues

Real estate matters can be incredibly complex. Not surprisingly, matters this complex frequently lead to disputes. While a resolution to real estate disputes may be attempted in an amicable matter, sometimes litigation becomes necessary.

There are a number of legal issues that can be settled by lawyers who are experts in real estate law. Among these, the following are some of the most popular:

    Real estate purchase and sales - lawyers that are experts in this field of law can provide legal services to sellers, buyers, and brokers regarding issues related to the purchase and sale of real estate property. They can help specifically on contract negotiations related to purchases and sales of land, office building, apartment complexes, tax issues, etc.

    Litigation - you can also avail services on dispute resolution including litigation, restructuring financial obligations, loan participation, recovery of secured or unsecured assets. Other issues that you can settle with your lawyer are rescission and other fraud/mistake claims.

    Commercial leasing - clients who need representations for all types of commercial leasing transactions can also avail such services from a real estate lawyer or firm. Services could cover negotiation and drafting real and personal property leases and other types of leases such as office, industrial, warehouse space, leverage leases, and the like.

    Title issues - when it comes to title issues, a lawyer can help you in reviewing a title commitment. He can also give legal advice about considerations you need to take into account before closing a deal. Such considerations could include legal access to public road, document evaluations/issues such as matters visible on the property but not reflected in written documents, easements affecting property, encroachments, current owner identity evaluations, leases, liens and taxes, mineral interests, restrictive covenants, etc.

    Easement and license disputes - you can also be helped when it comes to easement issues, including right of way for access, water supply, electricity transmission, drainage or sewerage reticulation, etc. They can also work to settle license issues.

    Broker and agent commission disputes - this is one of the most common issues that a person in the real estate 'arena' encounters. A lawyer that is expert in this field can help you settle issues such as owner-broker conflicts as well as broker-agents commission disputes.

Winston I. Cuenant, P.A. is a Fort Lauderdale Real Estate Litigation attorney. He understand real estate litigation. And Know how to handle matters in and out of the courts in the pursuit of positive results for you. He handles real estate matters such as:

• • • • • •
Title Disputes
Earnest Money Disputes
Boundary, easement or encroachment disputes
Lease disputes
Condominium litigation
Foreclosure defense / Mortgage modification

Please Contact Our Office 954-766-4271 For FREE Consultation or visit our website http://cuenantlaw.com/

A Personal Injury Lawsuits

A personal injury lawsuit is a viable weapon for the victims of any injury or mental stress. If a person gets injured due to the carelessness of another person or party, he or she has the right to file a personal injury lawsuit against the party. Personal injury victims can seek monetary compensation from the party responsible for the injury. But preparing a strong personal injury lawsuit requires enormous experience and expertise. And only a qualified personal injury attorney can help you file a convincing personal injury lawsuit.

Carefully prepared personal injury lawsuits set an example for others and prevent the repetition of such harmful acts. Personal injury lawsuits usually cover all aspects of the injuries. Apart from including the obvious physical suffering, the personal injury lawsuits also take into account mental anguish as well as the financial adversity the victims go through after the incident. Personal injury victims of car accidents can claim medical expenses and other compensation from the other party through personal injury lawsuits. The damages claimed thanks to personal injury lawsuits will help the victims get back to normal life. To make your personal injury lawsuit stronger, you should take counsel from leading personal injury attorneys in your state.

Ordinary people may not have adequate knowledge of personal injury law. But the lawyers have got the experience and expertise to help them out. They will show the hapless victims how to claim maximum compensation from the persons guilty of inflicting injuries on them. Your personal injury lawsuit will surely get stronger if you assign a proficient personal injury attorney to handle your case. Personal injury law is quite complex. You will surely feel the need of a legal expert at some point in time. Whether you are looking for an out-of-court settlement or wish to go to trial, a well-prepared personal injury lawsuit will make things happen for you.

Winston I. Cuenant, Esq. is an experienced Personal Injury Attorney in Fort Lauderdale, He handles many cases of  Personal Injuries (including auto accidents, slips and falls, products liability, premises liability, and defamation actions). Please Contact our Office 954-766-4271 for FREE Consultation or visit our website http://cuenantlaw.com

Foreclosures Guidance

Facing foreclosure on your home is never an easy thing. There may be some foreclosure questions you are not yet familiar with. You can get easily confused with all the jargon and all the technical processes involved and typically the lenders will make things even more difficult than they actually are. If you are not a lawyer by profession, getting a thorough understanding on things can be pretty difficult. If you plan on dealing with foreclosure successfully, you can always choose to get professional help from experts and specialized service providers. These foreclosure questions can serve as guides.

Question 1: Before foreclosure, how many payments can you miss?

While this may vary according to lender and even according to state, there are many cases when foreclosure is filed after the third payment has already been missed.

Question 2: What usually happens after I receive the foreclosure mail?

Notices for foreclosure may be received personally or by mail. If you are currently undergoing a foreclosure or if you have been delinquent on your payments, you will have to open your mail promptly and read them thoroughly. As much as possible, read the local papers too and check out what has been written in the public notices section. It is normal for your lender or servicing company to send notices as to the start of the foreclosure process, however the sending of the summons or complaint marks the official beginning of the entire process. Once the sheriff serves a summons and complaint, the lender will start the foreclosure lawsuit officially.

The form will contain the return date of the summons however this should not be taken as the hearing date but rather the deadline for the filing of the necessary documents. The complain section will show the intent of the lender to satisfy the debt by way of foreclosure. After having received the summons and complaint, you should immediately file for appearance and inform the court that you plan on cooperating fully and that you intend to appear at court on a predetermined date. If you have plans on contesting the foreclosure you will need to file an appearance form without delay. Once you have received your very first notice, it is highly suggested that you seek help immediately.

Question 3: How is it possible for me to use my equity during times of a foreclosure?

Before anything else you will need to find out first if you really do have equity. You will have to acquire an official payoff and to get a lien and title search. Also you will have to get property appraisal and valuation too. If you want to carry out this research, you can check out a range of sources. After verifying that you have equity indeed, you can choose among three possible courses of action. You may choose cash out refinance, second mortgage, and finally to sell the home and pay off the loan.

Question 4: Define a deficiency judgment.

There are states that allow for deficiency judgments and in this case, the court will demand that you pay the difference between the selling price of the home and the money that you still owe on it.

Question 5: Is it possible to get a loan after filing for foreclosure?

It is possible to get a loan after foreclosure. However your income and the equity on your home will have to be considered as well.

If you need foreclosure help, taking an active role early plays a major role in avoiding foreclosure or to stop it. Regardless of the circumstances, you do have options.

Winston I. Cuenant, Esq. specialize in foreclosure defense. He can use the rules and laws already in place to put you on equal footing with your lender. By defending a foreclosure lawsuit an owner can buy precious time to successfully negotiate a loan modification, short sale, deed in lieu of foreclosure, look into the benefits of bankruptcy, and otherwise give you the time you need to make an informed and intelligent decision about what is the best course of action for you proceed. Contact Us for a FREE Consultations- 954-766-4271 or visit our Website http://cuenantlaw.com

Family Law Attorney

Despite your best efforts, you may find yourself facing difficult family issues such as divorce, partnership termination, child custody, or disputes over financial assets.  The legal complexities and emotional strain you face when dealing with these situations can be daunting. We are here to help you navigate the legal process and provide first-class advocacy that is tailored to your goals and needs.

Family matters can often be resolved most effectively and efficiently through the use of mediation and cooperative methods between the parties. As your Legal Councel, we will promote your interests during any settlement process.

In those cases where settlement is not feasible, We will pursue your case through litigation.  We will guide you through the court process and ensure that you will get positive result.

Winston I. Cuenant, Esq is an experienced General Civil Litigation Lawyer in Fort Lauderdale. If you have an question regarding Family issues. Please Contact Us 954-766-4271 for a FREE Consultation. or visit Us at http://cuenantlaw.com/

Protect Yourself in Real Estate Litigation

If you are interested in purchasing or selling property, it is always a good idea to have some sort of legal counsel on hand to educate you on the finer points of real estate litigation. No one ever really talks about how they were almost done completing the purchase or a sale of a property only to end up in court because the other party decided they wanted to alter the terms of agreement and will not compromise or work thing out cordially.

Disputes happen every day, especially if the contract was misrepresented, misread or ignored. When this happens, the type of dispute that arises is so hard to resolve between the parties that are involved, that real estate litigation is often needed to resolve the issue and complete the purchase.

Since the laws surrounding property transactions can be very confusing, even to a professional agent, some kind of counsel is needed, especially if the matter is going to wind up in real estate litigation. Even disagreements between the builder and the person or company that commissioned the builder can arise and since it is very hard to resolve such matters without one or both parties breeching the contract and causing even further complications to develop. The real estate litigation process is a great resource to have.

It is a good idea to have legal counsel, if you are in facing foreclosure as well. Most people, who find themselves dealing with this type of situation, often are in disagreements ad disputes with their lenders. Many people are not aware they have this resource. Sometimes things can happen where a lender has resorted to some unscrupulous tactics to take back a home and foreclose on a client. Often it is hard for a person to prove that they are the victim. By hiring an attorney and filing for real estate litigation, the lawyer can get the proof that is needed to prove the victim's case. Once the facts are out in the light, it is possible to reverse the foreclosure process and keep their home.

No matter what role you play in any property transactions and no matter what type of process you are involved in, it is always a good idea to have a lawyer just in case a problem arises where further intervention is needed.

Remember, any real estate venture you are undertaking is an investment and you need to protect your interest at any cost. You don't want to inadvertently end up out of thousands of dollars and nothing to show for it. To keep yourself from getting the bad end of the deal, you should have someone who is educated and trained on matters dealing with real estate litigation. That way any modifications that are needed can be done and presented to the other parties that are involved. This can go on until all parties are completely satisfied with any arrangements that are made and stipulated in the contracts.

Winston I. Cuenant, Esq. is an experienced Real Estate Litigation attorney in Fort Lauderdale he understands real estate litigation and know how to handle in and out of the courts in the pursuit of positive result handling real estate matters. Please Contact Us 954-766-4271 for a FREE Consultation. or visit Us at http://cuenantlaw.com/

Battle for Foreclosure Defense

We all know we live within a tough real estate economy. Through no fault of your own, you could lose the one thing you've worked so hard for - your home. Job loss, an unexpected major illness, or simply not earning enough to make your full mortgage payment each month can hit you hard. These situations can instill hopelessness in your heart and mind. The thought of being homeless or living in substandard housing because it's all you can afford is stressful to say the least. You need support to help you face the inevitable. But is losing your home to foreclosure inevitable? No! It doesn't need to be. You have options. What you need is a good foreclosure defense lawyer. They can give you the legal expertise and representation you need to help avoid a catastrophe.

Nowadays, banks continue to purchase homes going into foreclosure at an alarming rate and for a pittance of money. Sometimes 10 cents on the dollar! This is outrageous! A lot of people have no idea it may be in their best interest to hire a foreclosure defense lawyer and fight the bank. There's no way you want to let them get their greedy hands on what you've worked so hard to purchase. And beware that some banks will even practice unfair and unethical methods to buy your house. A good foreclosure defense lawyer, who knows and understands the law, can be trusted to work on your behalf.

The battle for a foreclosure defense is not an easy one. The banks are definitely tough opponents. They've had a long history of training in their processes to benefit not you, but themselves. Just take a look at every fancy new huge bank building which seems to pop up on every street corner. They're in it for the long haul and the money. They definitely don't have your best interest at heart. If you don't have an experienced trainer on your side of the battle, you will lose, believe me.

The good news is that you don't have to lose the war with the banks. A dependable, trustworthy foreclosure defense lawyer is what you need to help you compete in the ring, win the battle and stay in your home forever.

Winston I. Cuenant, Esq. is an expert foreclosure defense attorney in Fort Lauderdale, Florida. He provides answers and solutions for numerous foreclosure questions.Call Us today 954-766-4271 for free consultation. or visit Us at http://cuenantlaw.com/ to discover more information.

Chapter 13 bankruptcy

A Chapter 13 bankruptcy can be a good solution for people who need time to pay off certain debts. Unlike a Chapter 7, a Chapter 13 is not a liquidation of your non-exempt assets. In a Chapter 13 individuals will get to keep all of your property, regardless of its value, if you so chose. However, your attorneys will have to develop a payment plan with all of your creditors at a reduced amount over several years.
If you are facing foreclosure on your home, Chapter 13 may be an option of interest. You can keep your home by proposing a feasible repayment plan that includes your missed payments, as long as you stay current on your mortgage. Furthermore, if you have a more than one mortgage on your property, you may be able relieve yourself of payments or your second or third mortgage depending on the value of your home.

Winston I. Cuenant, Esq is an experience attorney in Ft. Lauderdale, Florida. Winston’s areas of expertise include foreclosure defense, consumer chapter 7 and chapter 13 bankruptcy, corporate chapter 7 bankruptcy, contract formation, real estate litigation, and complex commercial transactions. Contact Us for a FREE Case Review - 954-766-4271 or visit Us at http://cuenantlaw.com/

Contact a Bankruptcy Lawyer When Filing Bankruptcy

 Many people who have extreme level of debt have unquestionably considered filing for bankruptcy shelter. Bankruptcy if done right can remove a substantial (if not all) amount of the debt you have. Even though filing for bankruptcy is ideal for those with a lot of debt, it is still a major decision that you should consult with a professional bankruptcy attorney. Just about anyone in America can apply for bankruptcy, but if you want the process to go smoothly, you should find a bankruptcy attorney who can guide you through the entire process.

Bankruptcy lawyer knows bankruptcy

There are many consequences when you are filing for bankruptcy protection. Without the aid of a bankruptcy attorney, there is a higher probability that you will miss these important facts. For example, do you know if you should be filing chapter 7 or chapter 13 bankruptcy? Generally speaking, chapter 7 bankruptcy is for those people who have no ability to pay back their creditors. If you elect to apply chapter 7 bankruptcy, you can potentially lose some of your non-exempt assets, which can be sold off to pay back the creditors. On the other hand, chapter 13 bankruptcy provides you with a way to pay back the creditors in 3-5 years. In the case of chapter 13 bankruptcy, you will not lose your house to foreclosure since it will be structured so that you can keep it for the long haul. Deciding to file chapter 7 or chapter 13 bankruptcy is not such an easy question to answer, while your bankruptcy lawyer will definitely be able to help you with it.

Bankruptcy attorney can help you realize the process

The idea of retaining a bankruptcy lawyer is to make sure you are not surprised by any affair during the bankruptcy process. Isn't it better for you to get all the facts from a bankruptcy lawyer than to find some possible solutions, which may or may not apply to you, from the Internet?

Using a bankruptcy attorney can avoid any surprises sprung from the creditors

Many people do not worry about the actions of the creditors when filing for bankruptcy. But there are some other outside forces that can alter the effect of the bankruptcy process. The creditors can take certain legal actions against you to change the outcome of the bankruptcy process. The creditors are prohibited from any collection efforts against you when you have been granted the automatic stature, which happens right after the filing of bankruptcy with the state. Even though you will be granted the automatic stay, the creditors can sidestep it by filing a motion to revoke this automatic stay privilege. Unless you are familiar with all these legal maneuvers, using a bankruptcy lawyer is the best resource to guide you through this bankruptcy process.

Winston I. Cuenant, Esq. areas of expertise include foreclosure defense, consumer chapter 7 and chapter 13 bankruptcy, corporate chapter 7 bankruptcy, contract formation, real estate litigation, and complex commercial transactions.

Contact Us for a FREE Case Review - 954-766-4271 or visit Us at http://cuenantlaw.com/ for more information.