Civil Litigation

Civil Litigation is the process in which civil matters are resolved in a court of law. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute. Civil laws are made by legislators, not through decisions rendered by judges, and are contained in a book of statutes. The Civil litigation proceedings are governed by these statutes.

The Law Offices of Samuel J. Kaufman is capable of handling a variety of civil law disputes from corporate litigation to small claims court. Call our Key West civil litigation lawyers for your free consultation today to find out your rights.

• Breach of Contract
• Real estate disputes
• Code enforcement
• Landlord/tenant
• Commercial & residential
• Mental health cases
• Baker Acts
• Marchman Acts

Florida Keys Foreclosure

YOU CAN FIGHT YOUR FORECLOSURE.

Our Key West foreclosure attorneys can help save your home or commercial property and/or extend time in your home.

When a foreclosure is filed against you and/or your family, you do have choices. First, you need a lawyer who understands the foreclosure process. Choose a law firm with lawyers experienced in the foreclosure process and attorneys who are knowledgeable with what foreclosure defenses exist in foreclosure lawsuits. The Law Offices of Samuel J. Kaufman, P.A. does.

There are ways out of a foreclosure problem such as short sale, deed in lieu, loan modification, refinance and short refinancing, forbearance, and last resort bankruptcy protection. We can aid you in obtaining a LOAN MODIFICATION (where you can get the bank to change your mortgage and/or loan agreement in order for you to KEEP YOUR HOME and make it affordable). IF you do not want your home or property, our lawyers can help arrange for a deed in lieu of foreclosure or a short sale. IF you are already have a foreclosure case against you, you can still get a loan modification, short sale deed in lieu, and many other solutions available. You do not need to have a pending foreclosure case against you to obtain a loan modification, short sale, deed in lieu or other avoidance of foreclosure options.

Please note that a bank must win the foreclosure case against you in order to foreclose on your property. You can fight the foreclosure to stop this from happening. The bank or mortgage company cannot take your home or property without first winning a foreclosure case against you. Just because a foreclosure case has been filed against you does not mean you have to lie down and not stand up for your rights. Many times the bank suing you may not be the correct bank suing you – leaving it open for another bank to sue you later for the same debt.

TIPS TO THINK ABOUT DURING A FORECLOSURE PROCESS:

1. When you are served with a lis pendens and/or summons (the foreclosure lawsuit), you have 20 days from the day you RECEIVE the lis pendens and/or summons to answer it.
2. DO NOT SEND A LETTER TO THE COURT – as it will be considered an answer and could help the Bank’s case against you easier for them.
3. HIRE AN ATTORNEY IMMEDIATELY WHOUNDERSTANDS THE FORECLOSURE DEFENSE AND SETTLEMENT PROCESS to answer the lis pendens/summons for you. Do not get a lawyer JUST to handle the defense and not settlement – make sure your foreclosure lawyer will handle both. Only defending a foreclosure and not attempting settlement can result in problems. And just attempting to settle a foreclosure case against you without defending the foreclosure action may result in problems.
4. In most cases, there exist foreclosure defenses and foreclosure options to the foreclosure case against you.
5. Whether your goal is to keep the home/property or to relieve the financial problems associated with the foreclosure – in most cases, you have options.
6. In most cases, the Court will most likely order mediation to resolve the foreclosure lawsuit.
7. Do not think that because you are sent modification applications or other paperwork from the Bank that this will stop the foreclosure lawsuit. This is a fatal mistake that will cost you your home or property. If someone from the bank states that the loan modification papers will stop the foreclosure, do not trust this. Retain a foreclosure defense attorney immediately.