FAQ

Foreclosure is a civil action where a lender brings a lawsuit against a borrower to terminate the borrower’s rights to a piece of property and force it to be sold. The lender will receive money from the sale in order of priority along with claims from other parties.

Yes, you may be able to stop or at the very least delay foreclosure with the help of our experienced and knowledgeable foreclosure defense team. We have an arsenal of defenses and a variety of options we use to help our clients stay in their homes.

Our team understands that people going through hardship are generally impacted in every aspect of their lives. A home is a safe place for you and your family. We know the importance of your home and we are eager to do all we can to help you. Our comprehensive knowledge of foreclosure law and areas affecting consumer protection and foreclosure give us an edge up and you a fighting chance. We rely on substantive and procedural law to hold banks accountable – to simply require them to prove their case before taking someone else’s property. Banks and their lawyers should be treated no different than anyone else trying to forcibly remove someone from their home.

National and state laws encourage banks and their lawyers to offer our client fair deals to help them achieve their goals. Those goals may include a short sale, deed-in-lieu of foreclosure, or loan modification. Some clients want their day in court and want us to defend the case at trial.

Many people have no idea that there are lawyers who can successfully defend their foreclosure cases. The team at Steele Law handles foreclosure cases throughout the Palm Beaches and the Treasure Coast (Palm Beach, Martin, and St. Lucie counties) continuously scouring new statutes and case law around the country to make sure the firm and our attorneys stay well-versed in every possible angle to help clients facing foreclosure. We have successfully obtained short payoffs, saved homes via loan modification, helped clients come out debt-free via deed-in-lieu, and won at trial!

The rapidly evolving coronavirus (COVID-19) has created an environment of complexity and uncertainty that no doubt has impacted yours in some way.

Foreclosure Moratoriums: Under the CARES Act, beginning on March 18, 2020, a servicer of a federally backed mortgage loan may not initiate, seek, or execute any foreclosure.

On April 2, 2020, Florida Governor Ron DeSantis signed Executive Order 20-94 suspending all foreclosures and evictions in Florida because of the Coronavirus pandemic. Also, the federal government has imposed a foreclosure moratorium for federally backed mortgage loans, starting March 18, 2020.

The state of Florida only allows 20 days to file your answer to a foreclosure. If you wait past this deadline, your relief options begin to dwindle. Time is of the essence in these cases and you need to seek legal guidance as soon as possible after receiving your summons.

Estate planning protects your family and your legacy by passing control of your affairs and assets to people you trust to manage them properly. The laws relating to estate planning and wills are complex. Florida, like every other state, has its own set of rules on how a will should be drafted and signed. If a will is not written correctly and executed properly, it may not be admitted to probate. An experienced attorney can help you draft a valid will that truly expresses your wishes and satisfies all formation requirements.

Durable Power of Attorney:

No one likes to think about disability and yet none of us is invulnerable. If we become disabled, a Florida Durable Power of Attorney is needed. The “durability” in the durable power of attorney allows it to survive disability and this is fundamental to estate planning.

Health Care Surrogacy:

A Health Care Surrogate is an individual you appoint to make healthcare decisions when you are not able to make them yourself.

Last Will and Testament:

A Last Will and Testament is a testamentary document that “testifies” as to the wishes of the deceased so it may deem reliable. Essentially the Last Will and Testament are instructions for the Florida Probate Court to rightly determine who is entitled to the assets of an estate, thus this document must be properly drafted.

• You decide who gets your property instead of the law choosing for you.

• You may name the personal representative (executor) of your will as you choose, provided the one named can qualify under Florida law. A personal representative is one who manages an estate and may be either an individual or a bank or trust company, subject to certain limitations.

• A trust may be created in a will whereby the estate or a portion of the estate will be kept intact with income distributed or accumulated for the benefit of members of the family or others. Minors can be cared for without the expense of proceedings for guardianship of property.

• Real estate and other assets may be sold without court proceedings if your will adequately authorizes it.

• You may make gifts, effective at or after your death, to charity.

• You decide who bears any tax burden, rather than the law making that decision.

• A guardian may be named for minor children.

Writing a will is a lot to take on, mentally, and emotionally. Not only does it make you confront your own mortality, but it also forces you to make big decisions about who you trust to handle your financial and personal matters after you are gone. Once you have made a will, however, you cannot just put it in a drawer and forget about it. You must update it regularly to make sure it reflects your personal circumstances and wishes. The following is a list of events that would suggest your estate plan be reviewed.

• You or a child has gotten married or divorced.

• There has been a change in your health or the health of your spouse or an immediate family member.

• There have been significant changes in the financial situation of you or your immediate family.

• There have been significant changes in the relationship between you and the people you have named as beneficiaries, trustees, guardians, or other fiduciaries of your estate plan.

• You want to do tax planning to save you or your family money and taxes.

• You have inherited or will be inheriting money or assets.

• You have retired or are contemplating retiring from a business or profession.

• There have been changes in the law that may affect your estate plan

Probate is the court process through which a person’s estate is administered. In layman’s terms, it is one of the means through which a person’s final affairs are resolved. In Probate, various matters are addressed, including those such as payment of creditors, the gathering of estate assets, payment of any unpaid taxes, determination of beneficiaries, appointment of a guardian, and distribution of assets. Considering probate can be expensive and time-consuming, one of the objectives of Estate Planning is to avoid or minimize probate.

Hiring an attorney leads to a better level of representation and increases your chances of being awarded a larger settlement. Lawsuits can quickly escalate into complicated legal battles with many moving parts. Having an experienced team on your side that can affect a person’s life and the damages involved. We will provide you with individual comprehensive legal representation.

Never make any sort of statement to an insurance company before you consult an attorney! Never sign anything, or accept an initial settlement offer without seeking legal counsel as the offer is likely to be well below the amount to which you are entitled. Let us help you deal with the insurers.

Florida law currently requires personal injury cases to be filed within four years of the date of the accident. The time limit to file claims involving malpractice can be as short as two years.  Some situations can extend or shorten this timeline, but it is best to begin the process immediately to avoid missing any deadlines.

Litigation is a lawsuit between two or more people or entities that do not seek criminal sanctions. The remedy sought in Litigation is usually money or a judgment that requires one party to do something or to stop doing something. 

The Plaintiff is the person and/or entity who brings a civil suit in a court of law.

The Defendant is the person and/or entity that is being sued in the civil proceeding.