Allocating Loss in Troubled Mortgages and Construction Loan Agreements
As the financial wreckage from the economic crisis of 2008 and beyond continues to play out in South Florida, many real estate and banking professionals have found that it is unrealistic in most situations to realize the full benefit of any commercial real estate commitment through civil litigation. At the same time, the development and execution of sound litigation strategies can help ensure that a commercial lender, real property developer or construction contractor will not assume more than a fair share of the loss.
If declining values in equity, collateral and contract margins have undermined your ability to realize any profit in a real estate project, or even worse, destroyed your ability to perform your own commitments, contact a knowledgeable Florida real estate litigation attorney at Grumer & Macaluso, P.A., in Fort Lauderdale.
As a highly focused civil litigation firm with particular experience in complex real property, construction and financing disputes, our lawyers can help you identify and pursue the most effective strategies for protecting your interests, minimizing your exposure to loss, and finding a fair resolution to the broader problem of apportioning loss among multiple parties at risk.
Efficient and Resourceful Litigation Strategies for Clients Locally and Nationwide
When the value of a real estate or construction project declines by 30 percent essentially overnight, when a bank suspends financing long before completion, or when a key partner is forced into bankruptcy through the collapse of unrelated commitments, someone stands to get burnt. Our objective in commercial mortgage and construction financing disputes is to protect our client to the greatest extent possible through focused, creative and intensive litigation and dispute resolution tactics.
One approach is to broaden the loss through impleader of third parties, location of insurance coverage, and careful scrutiny of the facts that could preserve rights against an apparently insolvent guarantor. When we work on behalf of lenders, we develop smart strategies for getting the most out of all available collateral. When we represent borrowers, we explore all available avenues for reducing our client's exposure to loss, including counterclaims and third-party claims from breach of contract to fraud or nondisclosure.
While many of our clients are local South Florida developers, contractors, businesses and lenders, the sophistication of our practice allows us to provide effective service as local counsel to lenders and investors elsewhere who face exposure in Florida real estate or construction projects. Grumer & Macaluso attorneys have served as court-appointed special masters in the proof and resolution of claims related to a failed $500 million construction project.
South Florida Construction Litigation Attorneys: Call 888-587-5549
For more information about the scope of our practice in complex real estate financing litigation, contact a trial lawyer at our law firm in Fort Lauderdale.
