Real Estate Law
Coordinated legal review for the property, debt, deadlines, title issues, and lender requirements that can determine whether a transaction succeeds.
Short-Sale Legal Review
Foreclosure deadlines, liens, title problems, association balances, probate issues, and potential personal liability can affect whether the sale closes—and what happens to the homeowner afterward.
Kornitzer Law can review the legal issues surrounding the property and help coordinate them with the proposed transaction.
Issues We Review
Early review can identify the deadlines, claims, authority, and closing requirements that need to be addressed.
A pending foreclosure does not automatically stop because a property is listed or a short-sale application has been submitted. We review the court case, upcoming deadlines, scheduled hearings, and any sale date so the homeowner and real estate professionals understand the available time and necessary legal response.
Second mortgages, credit lines, judgments, tax liens, and other claims may prevent the lender from delivering clear title. We identify junior lienholders, review their claims, and help coordinate the releases or negotiated resolutions required for closing.
Past-due assessments, collection costs, attorney’s fees, and association liens can substantially increase the amount needed to sell a property. We review the association’s claim and determine how the outstanding balance may affect the short-sale approval and closing.
When an owner has died, the family may not have immediate authority to list or sell the property. We evaluate ownership, probate requirements, heirs, estate representatives, and necessary court authority so the appropriate person can act before foreclosure deadlines expire.
Incorrect deeds, unreleased mortgages, ownership disputes, marital interests, legal-description errors, and other title defects can delay or prevent a sale. Early legal review allows these problems to be identified and addressed before they become closing emergencies.
The difference between the mortgage balance and the short-sale proceeds may create potential deficiency exposure. We review the lender’s proposed approval and release language so the homeowner understands whether the remaining debt is being waived, preserved, or addressed through separate terms.
Bankruptcy may affect foreclosure proceedings, lender negotiations, personal liability, and the authority to complete a sale. When bankruptcy is involved or being considered, the short-sale strategy must be coordinated with the bankruptcy case and the homeowner’s broader financial circumstances.
A distressed-property closing requires careful coordination among the lender, buyer, real estate professionals, lienholders, association, title company, and legal counsel. We help identify closing requirements, resolve title issues, review lender conditions, and coordinate the legal work necessary to move the file toward completion.
Coordinated Support
Michael G. Kornitzer, Esq., is a Florida real estate broker and attorney licensed in Florida and Alabama. Through Kornitzer Law and the affiliated real-estate resources at PatchRE, homeowners can coordinate the legal and transactional questions surrounding distressed property.
