Florida Commercial Foreclosure Attorneys
Pursuing a receivership in a foreclosure action requires careful and complicated legal steps. Once granted, strict rules apply. Regardless of the monies owed, receivers must abide by those rules and not overstep their authority. Legal representation is vital when a business is facing the loss of commercial property.
At Grumer & Macaluso, P.A., we handle all aspects of receiverships involved in foreclosures and aggressively protect the rights of our clients.
We are lawyers' lawyers. Our client list includes national financial institutions, large commercial real estate concerns, international business consortiums, and all other types of businesses and individuals engaged in business-related or probate-based litigation.
With a growing numbers of foreclosures — including those involving condo and homeowners associations (HOA) — HOAs are continually pursuing receiverships on the house or unit to collect past-due monies. While once a rarity, receiverships are being granted to these associations.
Even if a receivership is granted, limitations exist as to the powers the receiver holds. While a powerful position to hold, the authority is not that expansive. Our attorneys have litigated receivership cases successfully, including legal matters involving receivers trying to sell property prior to foreclosure actions.
Shubh Hotels v. Federal Deposit Insurance Corporation, No. 4D10-2821, Oct. 27, 2010: An order from the trial court allowing and approving a sale by the receiver before a final judgment was in error, quashing the orders and remand for consistent proceedings. The District Court of Appeal of Florida, Fourth District ruled that the "mortgage provision entitling mortgagee to have a receiver appointed did not authorize such receiver to sell the property before entry of a foreclosure judgment" and the "receiver lacked common law authority to sell the mortgaged property prior to entry of a final judgment of foreclosure."
South Florida Real Property Title Claims Attorneys: Call 888-587-5549
For a higher level of sophisticated service coupled with attention to all details and nuances related to Fort Lauderdale receivers and receiverships during foreclosure, contact a trial lawyer at our law firm in Fort Lauderdale.
