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Two Key Requirements to Foreclose on a Mortgage in Florida — Part II.

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In the first part of this blog on August 22, 2022  we discussed possession of the original note. Today we discuss the timeliness requirement. The holder of an original note—entitled to foreclose—must foreclose “within a reasonable time” or it may have “waived” its…
Ayala Law P.A.
August 31, 2022
Real Estate

Two Key Requirements to Foreclose on a Mortgage in Florida — Part I

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In this and the next blog we explain two of them: possession of the original note, and timeliness. Possession: In the mortgage lending industry, it is not uncommon that the lender loses the original document signed by the borrower where he promises to…
Ayala Law P.A.
August 22, 2022
Real Estate

Two Basic Things You Must Know Before You Purchase an Investment Property in a Foreclosure Sale

It sounds like a great idea: Let’s buy a property in foreclosure and then remodel it and resell it? Or perhaps, rent it out to obtain “passive” income? --not so fast. Here are two things you must check before purchasing a property in a foreclosure sale. First: Who foreclosed? This is huge. It matters who is foreclosing. If the bank holding the first mortgage is…
Ayala Law P.A.
July 19, 2022
Real Estate

Title Insurance Basics – What Exactly is it, and Why is it Important?

Title insurance, as the name indicates, is insurance to title; to the title of a real estate property, more specifically. Now to first understand “title insurance” we need to understand the concept of “liens” on real property first. A lien is essentially a claim a person (natural or juridical) has against a property because of some unpaid debt to that person by the owner of…
Ayala Law P.A.
July 5, 2022
Real EstateUncategorized

Can you Agree to Purchase Real Estate Via an Email or a Text Message? Read to Find Out

For most people, Real Estate transactions are usually a life changing event. Because of the importance of these transactions, most states have what are called “statutes of fraud” (SOF). A SOF is a rule that states that certain transactions—like the purchase and sale of land—will not be enforceable if they are not in writing and signed by the party against whom enforcement is sought. (In…
Ayala Law P.A.
June 17, 2022
Real Estate

Purchasing Real Estate Without Immigration Status — What You Need to Do

There is a misconception that unless you have a green card or other type of legal immigration status you cannot buy real estate. The reality is that there’s no requirement of legal immigration status to purchase real estate. Now, to purchase real estate as an individual, you are likely going to need a social security number. Many immigrants without status in the US possess a…
Ayala Law P.A.
April 13, 2022
Real Estate

Ayala Countersues Lender for Violation of the FL Consumer Collection Practices Act

Ayala files a counterclaim against a lender for violation of the FL Consumer Collection Practices Act (FCCPA) in the context of a foreclosure action against its client. The Florida Consumer Collection Practices Act (“FCCPA”) provides in pertinent part: In collecting consumer debts, no person shall: . . . (9) laim, attempt, or threaten to enforce a debt when such person knows that the debt is…
Ayala Law P.A.
March 24, 2022
Real Estate

Ayala Obtains $350,000 Settlement for its Client in Four-Year-Old Eviction Turned Quiet-Title Dispute

In a case that started as a simple eviction for possession back in 2017, and after numerous hearings, briefs, and appeals, Ayala finally reached a settlement for its client. Originally, after Ayala’s client filed for eviction, the tenant/defendant’s counterclaimed in the eviction case alleging—to our client’s surprise—that they were the actual owners of the property. This defense alone created a plethora of jurisdictional challenges, transfers,…
Ayala Law P.A.
September 16, 2021
Civil ActionsCivil LitigationContract & BusinessIn the NewsJuryLawsuitlawyerLitigationReal Estate

Ayala Obtains a $63,350 Judgment in Attorney’s Fees Dispute for Its Client After Prevailing in a Jury Trial

Ayala obtained a final Judgment for $63,350 dollars in Attorneys’ fees for its client, after having prevailed in a jury trial earlier this year. The underlying lawsuit alleged that Ayala’s client, the buyer of the Property, interfered in the relationship between the Plaintiff/Realtor and the Seller, not present in the case. After prior attempts to get the case dismissed for failure to join the party…
Ayala Law P.A.
November 21, 2019
Civil ActionsCivil LitigationContract & BusinessImmigrationlawyerLitigationNoticiasReal EstateTransactionsVisa

Diario Legal Hispano LexLatin Publica Articulo de Opinion de Abogado del Estudio Ayala Sobre el Sistema Legal Americano

El diario legal hispano Lexlatin.com tuvo la gentileza de publicar el articulo de el abogado Eduardo A. Maura acerca de la fortaleza del sistema legal Estadounidense en el contexto politico actual. En el articulo, el abogado Maura enfatiza como el sistema judicial americano funciona como una suerte de salva guarda que mantiene chequeado a las otras ramas del gobierno. El articulo se puede encontrar en…
Ayala Law P.A.
August 16, 2019