Up until the financial crises of recent years, the firm's bankruptcy practice focused on creditors' rights. In our bankruptcy division, the firm now predominately represents debtors. Because of the current economic pressures, bankruptcy is often appropriately considered as part of an overall financial strategy, particularly when real estate is at risk in a foreclosure action brought by a financial institution. Bankruptcy is an option our clients sometimes choose, and we can assist them with Bankruptcy filings when appropriate.
This decade has brought a new wave of challenges for financial institutions and their borrowers. Unlike the problems of the last decade, these new difficulties are predominantly affecting the residential property owner and borrower. Therefore, much of the firm's current practice is devoted to assisting residential property owners impacted by the deflated housing market and loans they cannot seem to manage, and bankruptcy filings for both companies and individuals.
We assist in the business entity formation process and assist in preparing the agreements of active businesses, including corporations, limited liability corporations, partnerships, and sole proprietorships. We have handled the sales of a range of businesses from a dry cleaner to prosthetic company. We also represent non-profit corporations and advise them regarding the nuances of not for profit law in Florida.
We provide a variety of estate planning services. Working with a client's financial planner and accountant, we assist clients in deciding what will best meet their needs. We prepare wills, power of attorney documents, trusts, and health surrogate documents. We assist with the probate of estates including formal and summary administrations.
Our firm has represented clients in circuit courts throughout Florida and in federal court. The firm traditionally represented banks, as well as the FDIC and RTC in the foreclosure of commercial property including apartment and office complexes. During the foreclosure crisis of the last decade, our firm represented both borrower defendants and small lenders in mortgage foreclosure litigation, as well as associations through lien foreclosures.
We handle a variety of real estate transactions and litigation. On the transactional side, we prepare sales agreements, deeds, promissory notes, mortgages, and other security documents, leases, option contracts, and trust agreements. We have handled sealed bid auctions. On the litigation side, we have handled a variety of matters including partition actions to divide property owned by unmarried partners. We are often asked to assist purchasers of time share property to assist in obtaining deposits or rescinding agreements. In one case, a Time Share company refused to return a deposit during the ten-day rescission period because the company argued the statute didn't apply as the unit was a "re-sale." Our firm argued, citing legislative history, that the ten day rescission period still applied. The court agreed and our client recouped his funds. Another interesting litigation matter handled by our firm was an action to void several forged mortgages and recoup investor funds. The Appellate court affirmed the lower court's decision voiding the mortgages.