Real estate is often the most valuable asset a person or business owns, and disputes over real property are among the most consequential matters in civil litigation. A boundary line that has been in the wrong place for decades. An easement that a neighbor claims gives them the right to use your property. A seller who knew the house had serious defects and said nothing. A purchase and sale contract where the other side is refusing to close. An HOA that is imposing assessments or restrictions that violate its own governing documents. A co-owner who won’t cooperate with selling a property you both own and you need a way out. Disputes with contractors.
These disputes affect the value, use, and enjoyment of real property, and they do not resolve themselves. The party on the other side of a real estate dispute typically has their own lawyer, their own title company, and their own version of the facts. Real estate litigation requires familiarity with the substantive law governing real property in Florida, including the recording statutes, the Marketable Record Title Act, the condominium and HOA statutes, and the procedural mechanisms specific to real property disputes such as lis pendens, specific performance, and partition.
The Law Offices of C. W. Wickersham, Jr., P.A. handles real estate litigation throughout Florida. The initial consultation for real estate litigation matters is $250.00, paid in advance, and applied as a credit against the engagement retainer if the firm is retained to handle the matter.
Boundary Disputes. Disputes over the location of property boundaries, including encroachments (structures, fences, driveways, or landscaping that cross the boundary line), survey discrepancies (conflicting surveys that place the boundary in different locations), and disputes arising from ambiguous or outdated legal descriptions. Boundary disputes often involve competing surveys, historical use patterns, and questions about where the legal boundary actually falls versus where the parties have been treating it for years. These cases require careful analysis of the deeds, the surveys, the chain of title, and the physical evidence on the ground. The firm handles boundary disputes from presuit negotiation through trial, including obtaining or defending against injunctions requiring removal of encroaching structures.
Easement Claims. Disputes over the existence, scope, and enforceability of easements, including express easements (created by written instrument), implied easements (arising from prior use or necessity), prescriptive easements (acquired through long-term adverse use), and easements by necessity (where a parcel has no other access). Easement disputes arise when a neighbor or third party claims the right to use your property, when an existing easement is being used beyond its intended scope, when a property owner is being denied access to an easement they are entitled to use, or when a proposed development or construction project conflicts with an existing easement. Florida easement law involves both statutory provisions and a substantial body of case law governing the creation, interpretation, and termination of easement rights.
Title Disputes. Disputes over ownership of real property, including competing claims to title, gaps or defects in the chain of title, disputes arising from errors in recorded instruments, and claims that a conveyance was invalid due to fraud, undue influence, incapacity, or forgery. Title disputes can affect the ability to sell, refinance, or develop property, and they often require examination of the full chain of title going back decades. The firm handles title disputes in both the litigation context (where competing parties are fighting over ownership) and in connection with title insurance claims (where the title insurer’s obligations to the insured are at issue). Title disputes frequently involve Florida’s Marketable Record Title Act (MRTA), codified at Chapter 712 of the Florida Statutes, which is designed to simplify title by extinguishing old interests that have not been properly preserved. MRTA disputes arise when a party claims that an interest in real property (such as an easement, a covenant, a restriction, or a reverter) has been extinguished by the operation of the Act, or conversely, when a property owner claims that an interest asserted against their property should have been extinguished but was improperly preserved. MRTA analysis requires careful examination of the root of title, the recording history, and whether the interest in question was properly preserved within the statutory timeframe. The firm handles contested MRTA matters, including cases involving disputed preservation of interests, challenges to claimed extinguishment, and the interplay between MRTA and other title-clearing mechanisms. For flat-fee quiet title actions related to tax deed purchases, see our Quiet Title and Tax Deed Title Certifications page.
Breach of Purchase and Sale Agreements. Disputes arising from the failure of a buyer or seller to perform under a real estate purchase and sale contract. The most common scenarios include a seller who refuses to close after signing a contract, a buyer who fails to close and forfeits (or disputes the forfeiture of) their earnest money deposit, disputes over contract contingencies (financing contingencies, inspection contingencies, appraisal contingencies) and whether a contingency was properly invoked or waived, and post-closing disputes where one party discovers that representations made in the contract were false or that conditions of the sale were not met. These cases often involve substantial sums, particularly in commercial transactions and high-value residential sales, and the remedies available (specific performance, damages, or rescission) depend on the specific contract language and the facts of the breach.
Specific Performance. When a party to a real estate contract refuses to close, Florida law recognizes that real property is unique and that monetary damages may not adequately compensate the non-breaching party. Specific performance is the equitable remedy that compels the breaching party to perform the contract, meaning to actually close the transaction rather than simply pay damages for the failure to do so. The firm handles specific performance actions on behalf of both buyers seeking to force a reluctant seller to close and sellers seeking to compel a buyer to perform. Specific performance actions often involve emergency proceedings, including lis pendens filings to provide notice of the pending claim against the property and prevent the property from being conveyed to a third party during the litigation.
Failure to Disclose Latent Defects. Florida law imposes a duty on sellers to disclose known material defects that are not readily observable by the buyer. When a seller knows that the property has serious problems, such as a history of water intrusion, foundation issues, roof defects, mold, termite damage, sinkhole activity, flooding, or other conditions that materially affect the value or habitability of the property, and fails to disclose those defects to the buyer, the buyer may have a claim for the cost of repair, diminution in value, and in some cases rescission of the sale. These cases require detailed investigation of what the seller knew, when they knew it, and what disclosures were or were not made. The analysis often involves inspection reports, repair histories, insurance claim records, permit records, and testimony from prior contractors or inspectors who may have identified the problem before the sale. Depending on the facts, liability may extend beyond the seller to other parties involved in the transaction who knew of the defect and failed to disclose it.
Real Estate Commission Disputes. Disputes between real estate brokerages over the payment of commissions, including procuring cause disputes (which brokerage’s efforts were the procuring cause of the sale), cooperating broker disputes arising from MLS agreements and cooperating broker arrangements, disputes over commission splits between brokerages, and claims by brokerages against sellers or buyers for unpaid commissions under listing or buyer-broker agreements. Commission disputes are fundamentally contract disputes, but they involve industry-specific customs, MLS rules, and Florida Real Estate Commission regulations that affect the analysis. These cases are also addressed as inter-brokerage commission disputes on our Civil Litigation page.
HOA and Condominium Disputes. Disputes between property owners and their homeowners’ association or condominium association, including challenges to assessments (regular, special, and emergency assessments imposed in violation of the governing documents or the applicable statute), disputes over architectural review and modification approvals, enforcement of use restrictions and community rules, selective enforcement claims (where the association enforces rules against some owners but not others), disputes over access to association records, and challenges to board elections and governance decisions. Florida’s Condominium Act (Chapter 718) and Homeowners’ Association Act (Chapter 720) govern these disputes and impose specific procedural requirements, including mandatory presuit mediation or arbitration in certain categories of disputes. The firm represents individual property owners against their associations in disputes over improper assessments, selective enforcement, and violations of the governing documents or the applicable statute.
Partition Actions. When you co-own real property with someone else and want out, but the other co-owner is uncooperative or unresponsive, Florida law provides a straightforward mechanism to force a resolution: a partition action under Chapter 64 of the Florida Statutes. Partition can result in a physical division of the property (partition in kind) if the property can be fairly divided, or more commonly, a court-ordered sale of the property with the proceeds divided among the co-owners according to their ownership interests (partition by sale). There is effectively no defense to a partition action; every co-owner has the absolute right to partition, and the other co-owner cannot force you to remain in an unwanted co-ownership arrangement indefinitely. The disputes that arise in partition cases are not about whether partition will happen, but about the details: the value of the property, the accounting of contributions and expenses each co-owner has paid, whether one co-owner is entitled to credits for mortgage payments, taxes, insurance, or improvements, and how the proceeds are allocated. Partition disputes arise frequently among family members who inherited property together, former domestic partners who co-own property, business partners who co-own real estate, and investors who co-own property and disagree about whether to hold or sell. If you are stuck in a co-ownership arrangement that is not working and the other owner will not cooperate with a voluntary sale or buyout, a partition action is the way out.
Lis Pendens. A lis pendens is a recorded notice that litigation affecting title to or possession of real property is pending. Filing a lis pendens puts the world on notice that the property is subject to a legal dispute, which effectively prevents the property from being sold or refinanced until the dispute is resolved. The firm handles lis pendens filings in connection with real estate disputes where the property itself is at stake (purchase and sale disputes, specific performance actions, title disputes, and similar matters), as well as motions to discharge improperly filed lis pendens. A wrongfully filed lis pendens can cause significant harm to a property owner by freezing the property, and Florida law provides remedies including discharge, attorney’s fees, and damages for abuse of the lis pendens mechanism.
Eminent Domain and Condemnation. When the government or a utility takes private property for public use, the property owner is entitled to full compensation under both the United States Constitution and the Florida Constitution. The question is almost never whether the government can take the property; it is how much the government has to pay for it. The condemning authority’s initial offer is typically based on an appraisal that undervalues the property, and property owners who accept the initial offer without challenge routinely leave substantial money on the table. Eminent domain proceedings in Florida are governed by Chapters 73 and 74 of the Florida Statutes and involve a distinct procedural framework, including the right to a jury trial on the issue of compensation, the right to recover attorney’s fees and costs from the condemning authority (one of the few areas of Florida litigation where statutory fee-shifting favors the property owner), and specific rules governing the valuation methodology, including the consideration of the property’s highest and best use. The firm represents property owners in eminent domain proceedings, including partial takings (where the government takes a portion of the property or an easement across it), full takings, and inverse condemnation claims (where the government has effectively taken or damaged property without initiating formal condemnation proceedings).
Foreclosure. The firm represents lenders, lienholders, contractors, and judgment creditors in recovering money owed against real estate. When a debt is secured by real property and the debtor has failed to pay, foreclosure is the legal mechanism to enforce the security interest by forcing the sale of the property to satisfy the obligation. The firm handles foreclosure of conventional mortgages (both institutional and private), purchase money mortgages, seller-financed notes and mortgages, construction liens under Chapter 713, HOA and condominium assessment liens under Chapters 718 and 720, mechanic’s liens, and other encumbrances on real property. The firm also forecloses on behalf of judgment creditors who have recorded a judgment lien against a debtor’s real property and need to enforce that lien through judicial sale.
Foreclosure litigation in Florida involves specific procedural requirements at every stage. Presuit, the creditor must comply with applicable notice and demand requirements, which vary depending on the type of lien and the terms of the underlying instrument. The foreclosure complaint must properly plead the amount due, attach the required documents (including the original note in mortgage foreclosure actions), and establish standing. If the borrower or property owner contests the foreclosure, the case proceeds through discovery and motion practice like any other civil litigation. If the borrower defaults, the firm pursues default and final judgment of foreclosure on an expedited basis.
After final judgment, the property is sold at judicial sale. If the sale proceeds are insufficient to satisfy the debt, the creditor may pursue a deficiency judgment against the borrower for the remaining balance. The firm handles every stage of the process, from the initial demand through final judgment, judicial sale, post-sale proceedings to obtain possession of the property, and deficiency actions where applicable.
Private mortgage foreclosures and seller-financed note enforcement are a particularly common category. Individuals and businesses that financed the sale of real property through a private mortgage or promissory note secured by a mortgage often find themselves in a position where the buyer has stopped paying and informal collection efforts have failed. The firm handles these matters regularly and can move from initial demand to filed foreclosure action quickly when the debtor is unresponsive.
Construction Lien Enforcement for Contractors. The firm represents general contractors, subcontractors, sub-subcontractors, and material suppliers in recovering payment for work performed on real property through Florida’s Construction Lien Law, Chapter 713 of the Florida Statutes. When a contractor performs work on a property and the owner refuses to pay, the Construction Lien Law provides a powerful mechanism: a lien on the real property itself, which can be foreclosed through judicial sale to satisfy the debt. The lien attaches to the property regardless of whether the contractor’s contract was with the owner directly or with a general contractor or another subcontractor up the chain. This means a subcontractor who was not paid by the general contractor can enforce a lien against the owner’s property, even though the subcontractor had no direct contractual relationship with the owner.
The power of the construction lien comes with a cost: the statute must be strictly followed at every step, and the deadlines are unforgiving. A contractor who misses a single notice deadline or fails to comply with a single statutory requirement can lose the lien entirely, regardless of how much money is owed or how clearly the work was performed. The statute does not reward substantial compliance; it requires strict compliance. This makes the choice of attorney critical, because the difference between a valid lien and an unenforceable one is often a single missed notice or a single procedural error that cannot be corrected after the fact.
The statutory framework requires the following steps, each with its own deadline and its own requirements:
Notice to Owner. Subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the property owner must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials to the project. This notice preserves the right to lien. A subcontractor who fails to serve the Notice to Owner within 45 days loses the ability to claim a lien, period. The notice must be served on the owner, the general contractor, and the surety (if the project is bonded), and it must contain the specific information required by section 713.06. General contractors who have a direct contract with the owner are not required to serve a Notice to Owner, but every other party in the chain is.
Claim of Lien. The contractor must record a Claim of Lien in the official records of the county where the property is located within 90 days of the contractor’s final furnishing of labor, services, or materials to the project. Determining the date of “final furnishing” is itself a legal question that produces litigation; punchlist work, warranty repairs, and minor return visits can affect the calculation. The Claim of Lien must contain the specific information required by section 713.08, including the amount claimed, a description of the property, and the dates of first and last furnishing. An inaccurate or incomplete Claim of Lien can be challenged and invalidated.
Contractor’s Final Affidavit. Before receiving final payment, a contractor may be required to furnish the owner with a Contractor’s Final Affidavit under section 713.06, certifying the amounts owed to subcontractors and suppliers. The interplay between the Final Affidavit, the owner’s right to rely on it, and the subcontractor’s lien rights is one of the more technical areas of the statute and frequently produces disputes.
Suit to Foreclose the Lien. The contractor must file suit to foreclose the construction lien within one year of recording the Claim of Lien. If the owner serves a Notice of Contest of Lien under section 713.22, the deadline to file suit is shortened to 60 days from the date of service of the Notice of Contest. Missing either deadline extinguishes the lien. The suit itself is a foreclosure action, similar in procedure to a mortgage foreclosure, and results in a judicial sale of the property if the contractor prevails.
Attorney’s Fees. Chapter 713 provides for prevailing party attorney’s fees in construction lien actions, meaning the party that wins the case recovers its reasonable attorney’s fees from the losing party. This fee-shifting provision applies in both directions: a contractor who prevails recovers fees from the owner, but an owner who successfully defeats a fraudulent or exaggerated lien recovers fees from the contractor. The fee-shifting provision makes it essential that the lien be accurate, properly noticed, and timely recorded, because an invalid or exaggerated lien not only fails to produce recovery but can result in the contractor paying the owner’s attorney’s fees.
The firm handles construction lien enforcement from the earliest stage. The best time to involve counsel is before the Notice to Owner deadline, so the statutory requirements are met from the outset rather than evaluated after the fact when a deadline may have already passed. For contractors who are already past the notice stage, the firm evaluates the current status of the lien rights and advises on whether the lien is enforceable and what steps remain. For contractors whose lien rights have expired due to missed deadlines, the firm evaluates whether a breach of contract claim or other non-lien recovery theory is available as an alternative.
Defending Property Owners Against Contractor Claims and Liens. The firm also represents property owners defending against construction liens. When a contractor has overcharged for work, failed to complete the project, performed the work defectively, or filed a lien that is inaccurate, exaggerated, or procedurally defective, the property owner has several tools available. A Notice of Contest of Lien under section 713.22 shortens the contractor’s deadline to file suit from one year to 60 days, forcing the contractor to either file immediately or lose the lien. If the contractor fails to file within the shortened window, the lien is extinguished. A motion to discharge the lien can remove an improperly filed lien from the property. If the lien amount is fraudulently exaggerated, the owner can seek attorney’s fees and damages under the statute’s fraudulent lien provisions. The property owner can also transfer the lien to a surety bond under section 713.24, freeing the property from the lien while the dispute is litigated, which is particularly important when the lien is preventing a sale or refinancing.
Beyond the lien defense itself, the property owner often has affirmative claims against the contractor: breach of contract for failure to complete the work or for performing it defectively, claims for the cost of completing or repairing the contractor’s work, and in cases involving contractors who took payment and performed little or no work, potential civil theft claims under section 772.11 with treble damages and mandatory attorney’s fees. The firm evaluates both the lien defense and the affirmative claims at intake, because the strongest position for a property owner facing an improper construction lien is often a combination of defeating the lien and prosecuting counterclaims that put the contractor on the defensive.
Zoning and Land Use Disputes. Disputes involving local government zoning decisions, comprehensive plan compliance, special exceptions, variances, rezoning applications, and challenges to development orders. Zoning disputes arise when a local government denies or conditions a property owner’s development application, when a neighbor or community group challenges a zoning decision that affects their property, or when a property owner’s existing use of their property is challenged as nonconforming under current zoning regulations. These cases often involve administrative proceedings before local zoning boards and planning commissions, with judicial review in circuit court through certiorari proceedings. The firm represents property owners in zoning disputes, including challenges to adverse zoning decisions and defense of favorable zoning approvals.
Riparian and Waterfront Property Disputes. Florida’s extensive coastline, rivers, lakes, and waterways produce disputes specific to waterfront property ownership, including riparian rights (the right to access and use the water adjacent to waterfront property), dock and pier permitting disputes, view obstruction claims, disputes over submerged land ownership, seawall and bulkhead maintenance obligations, and conflicts between upland owners and the state’s public trust obligations over navigable waters. These disputes involve a combination of state statutory law, local ordinances, and the common-law riparian rights doctrine, and often require coordination with the Florida Department of Environmental Protection, local environmental agencies, and the Army Corps of Engineers.
Property Management Disputes. Disputes between property owners and property management companies, including breach of property management agreements, failure to properly maintain the property, mishandling of tenant relations and rent collection, unauthorized expenditures, failure to account for rental income, and disputes over management fees and contract termination. These are fundamentally contract disputes, but they involve industry-specific issues and often arise in the context of rental property investments where the management company’s performance directly affects the property owner’s income.
Florida’s real estate market produces a consistently high volume of real property disputes. The combination of rapid development, a large volume of residential and commercial transactions, an active investment market, extensive condominium and HOA development, and Florida-specific issues (sinkhole activity, flood zones, hurricane damage history, and the insurance challenges that accompany all of these) creates conditions that generate real estate litigation across every category described above.
Real estate disputes arise throughout the state, from the dense condominium markets of South Florida to the rapidly developing suburbs of Central Florida to the established neighborhoods and waterfront properties of Northeast Florida. North Florida and the Panhandle see boundary and easement disputes driven by the development of formerly rural and agricultural land. Central Florida’s growth corridor generates a high volume of purchase and sale disputes, HOA conflicts in large master-planned communities, and construction-related real estate claims. South Florida’s condominium market produces assessment disputes, governing document challenges, and the full range of Chapter 718 litigation. Statewide, MRTA disputes, partition actions among co-owners, and failure-to-disclose claims arise in every market and every county.
The firm is based in Jacksonville and handles real estate litigation throughout Florida. The firm is admitted in all Florida state courts and all three United States District Courts in Florida (Northern, Middle, and Southern Districts).
Title and document analysis. Real estate disputes are document-driven. The deeds, the surveys, the contracts, the governing documents, the recording history, and the chain of title are the foundation of every real estate case. The firm begins every real estate engagement with a thorough review of the relevant documents and the recording history, because the documents almost always tell a more reliable story than the parties’ competing recollections.
Strategic use of lis pendens. When the property itself is at stake, a properly filed lis pendens can be the most powerful tool in the case. It prevents the opposing party from selling, refinancing, or otherwise disposing of the property during the litigation, which fundamentally changes the settlement dynamics. The firm evaluates lis pendens strategy at the outset of every real estate case where the property itself is at issue.
Survey and expert coordination. Boundary disputes, easement disputes, and encroachment cases often require professional surveying, and the survey results are frequently the most important evidence in the case. The firm works with licensed surveyors and other real property experts to develop the evidence the case requires.
Presuit resolution where possible. Not every real estate dispute needs to go to court. Many boundary disputes, easement disputes, and HOA matters can be resolved through negotiation, demand letters, or presuit mediation at substantially lower cost than full litigation. The firm evaluates presuit resolution options at intake and recommends the approach most likely to resolve the dispute effectively. When presuit resolution is not achievable, the firm litigates the case through trial.
Candor about case economics. Real estate litigation can be expensive, and the cost of litigation must be justified by the value at stake. A boundary dispute over a six-inch encroachment on a fence line may not justify $30,000 in litigation costs, even if the property owner is legally in the right. The firm is direct with clients about the realistic cost of litigation relative to the value of the dispute, and we recommend the approach that makes economic sense for the client’s specific situation, including when that recommendation is to resolve the matter through negotiation rather than litigation.
Timelines vary depending on the type of dispute and the complexity of the issues. Simple boundary disputes and contract disputes can sometimes be resolved presuit within a few months. Contested cases that go through discovery and trial typically take 12 to 24 months. Complex title disputes, partition actions involving valuation disputes, and HOA cases involving multiple issues can take longer. The firm provides realistic timeline estimates at intake based on the specific facts of the case.
Real estate litigation is typically handled on an hourly fee basis with a retainer. Retainer amounts are calibrated to the complexity of the matter. The initial consultation is $250.00, credited against the engagement retainer if the firm is retained. The firm is direct with clients about the estimated cost of litigation relative to the value of the dispute, and we will tell you if the economics of the case do not justify full litigation. One notable exception to the standard fee structure: in eminent domain cases, the condemning authority is required by Florida law to pay the property owner's reasonable attorney's fees and costs, making those cases economically viable for the property owner regardless of the amount in controversy.
Yes. Florida's partition statute (Chapter 64) gives every co-owner the absolute right to partition. The other co-owner cannot prevent it. The court will order either a physical division of the property (if the property can be fairly divided) or, more commonly, a sale of the property with the proceeds divided according to ownership interests. The court also accounts for contributions, improvements, taxes, mortgage payments, and other expenses paid by each co-owner when allocating the proceeds. If the other co-owner is uncooperative or simply will not respond to your efforts to resolve the situation voluntarily, a partition action forces the issue. The initial consultation is $250.00.
Potentially, yes. Florida law imposes a duty on sellers to disclose known material defects that are not readily observable by the buyer. The key questions are whether the seller actually knew about the defect before the sale, whether the defect is material (meaning it affects the value or habitability of the property), and whether the defect was not something the buyer could have discovered through a reasonable inspection. These cases require investigation of the seller's knowledge, including prior inspection reports, repair records, insurance claims, and permit history. If the evidence shows the seller knew about the problem and failed to disclose it, the buyer may recover the cost of repair, diminution in value, or in some cases rescission of the sale. The initial consultation is $250.00.
Challenge it. Florida's Homeowners' Association Act (Chapter 720) and Condominium Act (Chapter 718) impose specific requirements on how associations may levy assessments, including requirements for proper notice, board approval, and compliance with the governing documents. If the assessment was not properly authorized, was calculated incorrectly, or was imposed in violation of the governing documents or the applicable statute, it can be challenged. Many HOA disputes require mandatory presuit mediation or arbitration before a lawsuit can be filed, and the firm evaluates the procedural requirements at intake.
A lis pendens is a recorded notice that litigation affecting the property is pending. Once recorded, it puts all potential buyers, lenders, and other parties on notice that the property is subject to a legal dispute. As a practical matter, a lis pendens makes the property unsellable and unrefinanceable until the dispute is resolved or the lis pendens is discharged. If you are the party filing the lis pendens, it is a powerful tool to prevent the other side from disposing of the property during the case. If a lis pendens has been filed against your property, you may be able to have it discharged if it was improperly filed, and you may be entitled to attorney's fees and damages if the filing was abusive.
Real estate litigation covers the full range of contested disputes over real property: boundary disputes, easement claims, title fights, purchase and sale breaches, HOA disputes, partition actions, and similar matters. These are adversarial proceedings where two or more parties are fighting over their respective rights in real property. Quiet title, by contrast, is a procedural mechanism for clearing title to property, most commonly used after a tax deed purchase to establish clean, marketable title. The firm's flat-fee quiet title practice for tax deed purchasers is described on our Quiet Title and Tax Deed Title Certifications page. When a quiet title action becomes contested (meaning another party appears and opposes the petition), it transitions into real estate litigation and is handled on that basis.
You have the right to full compensation under both the United States Constitution and the Florida Constitution. The condemning authority (the government agency or utility taking the property) must pay you the fair market value of what they are taking, including the value of any damage to the remainder of your property if only a portion is being taken. You have the right to a jury trial on the issue of compensation, and you have the right to retain your own appraiser and present your own evidence of value. Critically, in eminent domain cases in Florida, the condemning authority is required to pay your reasonable attorney's fees and costs. This is one of the few areas of Florida litigation where the property owner does not bear their own attorney's fees, and it means there is no economic reason to accept the government's initial offer without having it independently evaluated. The government's first offer is almost always based on an appraisal that undervalues the property, and property owners who accept without challenge routinely leave substantial money on the table.
The foreclosure process in Florida involves several steps: a presuit demand to the borrower, filing a foreclosure complaint, service of process, obtaining a final judgment of foreclosure (either by default or after litigation if the borrower contests the action), and a judicial sale of the property. The timeline depends on whether the borrower contests the foreclosure. Uncontested foreclosures can move relatively quickly; contested foreclosures involve discovery, motion practice, and potentially trial. If the sale proceeds are insufficient to satisfy the debt, the creditor may be entitled to a deficiency judgment against the borrower for the remaining balance. The firm handles foreclosure of mortgages, private notes, construction liens, and other security interests in real property. The initial consultation is $250.00.
Act immediately. Florida's Construction Lien Law has strict deadlines that cannot be extended, and missing a single deadline can permanently eliminate your right to lien the property. If you are a subcontractor or supplier, you must have served a Notice to Owner within 45 days of first furnishing labor or materials. If that deadline has not passed, serve the notice now. If it has passed, you may have already lost your lien rights (though a breach of contract claim may still be available). If you have already served the Notice to Owner, you must record a Claim of Lien within 90 days of your last furnishing, and you must file suit to foreclose the lien within one year of recording the Claim of Lien (or within 60 days if the owner serves a Notice of Contest). Every day you wait reduces the time available to comply with these deadlines. The firm evaluates construction lien matters at intake and can tell you quickly whether your lien rights are intact, what deadlines are approaching, and what steps need to be taken immediately. The initial consultation is $250.00, and for active construction lien matters with approaching deadlines, the firm can often schedule the consultation within days.
You have several options. First, you can serve a Notice of Contest of Lien, which shortens the contractor's deadline to file a foreclosure lawsuit from one year to 60 days. If the contractor fails to file suit within that window, the lien is automatically extinguished. Second, you can move to discharge the lien if it is procedurally defective (if the contractor missed a statutory deadline, failed to serve a required notice, or did not comply with the technical requirements of Chapter 713). Third, if the lien amount is fraudulently exaggerated, you can seek attorney's fees and damages. Fourth, you can transfer the lien to a surety bond, which frees the property from the lien immediately while the dispute is litigated. And in many cases, you have affirmative counterclaims against the contractor for defective work, failure to complete the project, or overcharging. The firm evaluates both the lien defense and any counterclaims at intake. The initial consultation is $250.00.
Construction defect claims involving defective workmanship, water intrusion, structural failures, and similar issues are handled on our Civil Litigation page, where the firm’s construction litigation practice is described in detail, including the Chapter 558 presuit notice procedures, builder warranties, and the multi-defendant litigation framework that construction defect cases typically involve.
