Erick Trivedi Law Blog

When do lenders default in their obligations?  Although there are many instances of default only one is discussed here - I am focusing on a scenario which i believe is increasing in frequency.

Has your lender indicated to you that you should stop paying your mortgage before being considered for any loan modification or mitigation?  If so, attempt to get this in writing and then visualize this scenario.

An overworked judge looking at an ocean of forelcosures is... Read More

The Florida Legislature anticipated that many title agencies, real estate profesionals and loan profesionals e.g. mortgage brokers and real estate brokers would supplement their business by helping distressed homeowners.  In light of the complaints recieved by the Attorney General's office regarding persons whom were swindled, cheated or just misguided, the legislature reacted with the passing a new Unfair and Deceptive Trade Practice.

Essentially, this new law prohibits... Read More

Worthless Checks

When a payor writes a check to a payee the check must clear the bank or the payor will be faced with treble damages and attorney's fees.

While this right is not automatic, once the statutorily required predicate letter is sent to the check writer, there is very little which can be done to remedy the situation, short of making good on the worthless check.

It is well settled that a worthless check which ends up in litigation will... Read More

A short sale is a transaction where the lender who owns the mortgage on a property agrees to mark down the principal of the loan.  The lender does this in exchange for the homeowner selling the property and taking nothing from the closing table.  The ultimate benefit to the lender is that a high risk loan is removed from its books and hopefully it will be able to reinvest those funds into a more secure investment.

Shortsales are often necessary where a homeowner is upside... Read More

The Florida Department of Business Profesional Regulations (DBPR) has jurisdiction to enforce a myriad of trades and/or profesions which require a license.  Once a cursory investigation (which is usually initiated via an outside complaint) establishes the probability of a violation, a charge/petition is filed with the Administrative Law panel.

Some violations may result in criminal prosecution; for example, such is the case in unlicensed contracting.  Since unlicensed... Read More

By the time most clients in need of a loan modification contact me, they are already in an active foreclosure case.  While each case has its specific facts, there are a few common threads that I have noticed throughout my representation.

First, most homeowners are either being advised to stop paying their mortgages in order to be considered for any kind of loan mitigation or they are being told that only after a foreclosure process has begun, will they be eligible for any such... Read More

Once a police officer suspects that a driver is impaired he/she will attempt to gain consent from the driver to perform Field Sobriety Tests (FSTs).  Most drivers submit to this request because they believe that they must.  Overwhelmingly, the police will use language to suggest this, such as "I am going to ask you to perform some tests in order to see if I can let you drive home".  The suggestion here is that you will go to jail if you don't submit to the... Read More

In Florida, a traffic crash frequently cannot be proven by the police officer.  This means that if the witnesses to a traffic crash aren't located or simply do not come to court, the case will usually be dismissed.

An officer who took the police report can not testify in the case because all of his knowledge of the accident is based upon second hand information.  While there is an exception for the rule that states that a defendant's statements can be used against him,... Read More

In Florida, one can not bring an action for auto negligence based solely upon non-permanent damages e.g. pain and suffering.  Attorneys must meet this requirement by obtaining a narrative or medical opinion from a chiropractor, doctor, etc...

Once this is done, the attorney is in a position to negotiate a settlement or go to trial if he/she is unable to obtain the amount that the client deserves.

Through aggressively, but straightforwardly litigating an auto negligence... Read More

Defending a foreclosure in Florida can be done by disputing the common counts which are alleged by the foreclosing lender.  Frequently the complaint for foreclosure will allege that the promissory note was lost and needs to be re-established.  Since this count is a part of every complaint that I have ever seen - I doubt very much that this is actually the case.

In addition to defending based upon procedural grounds, I am of the opinion that, where the lender has indicated... Read More