Real Estate & Foreclosure Defense

For most Floridians, a home is the single largest investment they will ever make. When something goes wrong with that investment, the stakes compound quickly. DHW Law has been handling Florida real estate matters for twenty years, with David Walkowiak’s Board Certification in Real Estate Law by The Florida Bar shaping the approach. This is the practice area the firm was built around.

Buying or selling property in Florida

Every transaction is an accumulation of details that can go wrong. We draft and review purchase and sale contracts, order and review title searches, coordinate inspections, review loan documents, and handle closing for both buyers and sellers. For for-sale-by-owner transactions, we represent one side or the other, never both, and make sure the contract protects the client who hired us.

Foreclosure defense: the first 20 days matter

Florida is a judicial-foreclosure state, which means the lender must file a lawsuit and give you an opportunity to respond. You have 20 days from the date you are served to file your response with the court. Missing that deadline exposes you to a default judgment and makes every subsequent option harder.

When homeowners call us after a foreclosure complaint, we review the loan documents, the service of process, the notice of default, and the assignment chain before we decide on strategy. Available options depend on the facts, but typically include:

• Loan modification. A renegotiation of the loan terms with the lender.
• Forbearance. A temporary pause in payments.
• Short sale. Sale of the property for less than the loan balance, with lender approval.
• Reinstatement. Paying the arrears and returning the loan to current status.
• Raising defenses. Standing, notice, accounting, and procedural defenses that can change the outcome of the lawsuit itself.
• Bankruptcy. When nothing else fits, Chapter 7 or 13 can protect your home and reset the timeline.

Not every option fits every situation. The right answer depends on your income, your equity, the lender’s posture, and the stage of the litigation. That determination is the first conversation we have.

Real estate litigation and disputes

Beyond transactions and foreclosure defense, we handle quiet title actions, boundary disputes, HOA and condominium matters, landlord-tenant litigation, and real estate contract disputes. When a case needs to go to trial, we try it. When mediation is the better tool, David’s Supreme Court certified mediator credential often lets us resolve the dispute without a courtroom.