Mortgage Fraud and Forgery
Mortgage and lien law is an important part of our practice at Haber Slade. In addition to handling foreclosure proceedings, we also handle related disputes that may arise under residential or commercial mortgages. Our clients include banks, lenders, financial institutions, businesses and borrowers across South Florida.
We handle all facets of mortgage fraud and related legal issues, including:
- Mortgage validity disputes
- Title disputes
- Forged deeds and mortgages
- Equitable subrogation
- Quiet title actions
Our legal team shares a commitment to excellence in legal representation and client service. We devote personal attention to every case, responding promptly to client communications and providing expeditious service. In every legal matter, we strive to advance clients' interests through detailed, accurate guidance and strategic advocacy.Mortgage Validity Disputes
Florida law and the federal Fair Debt Collection Practices Act (FDCPA) allow consumers to challenge the validity of mortgages. These challenges, which typically arise in the early stages of the foreclosure process , may be based on a wide variety of legal grounds such as technical deficiencies, forgery or fraud.
Our firm represents clients on either side of mortgage validity disputes. Whether you are seeking to challenge or defend the validity of a mortgage, our legal team can provide experienced and effective advocacy.Title Disputes
Title disputes can significantly impact the interests of the mortgagor, mortgagee and other interested parties. These disputes may involve improperly recorded mortgages or mortgage assignments, and other alleged title defects. At Haber Slade Attorneys our attorneys closely examine potential title claims and defenses to develop strategic approaches for protecting clients' interests. David Haber is the former chair of the American Bar Association's title insurance claims committee, and he has represented most of the major title insurance companies and/or their insureds in the past. He has also been retained to sue title insurance companies and their agents for negligent title examination, fraud, forgery and violation of the title policy.Forged Deeds And Mortgages
Allegations of forgery surface from time to time in foreclosure proceedings. Our lawyers handle claims involving allegations of forged signatures, fraudulent deeds and other falsified mortgage documents. Mr. Haber was counsel in the Fishbein case that went on appeal to the Florida Supreme Court, and involves the principle of equitable subrogation, which case is probably the most cited title insurance case in the past two decades on equitable subrogation and forgery in a mortgage foreclosure action against a constitutionally protected homestead property.Equitable Subrogation
The doctrine of equitable subrogation is intended to promote fairness and justice and prevent unjust enrichment. Florida law establishes a nuanced interplay between the elements of equitable subrogation and lien priority issues. Determining whether this doctrine applies in a particular case requires astute legal analysis and familiarity with Florida's extensive case law on the subject. At Haber Slade, we possess the knowledge and experience necessary to skillfully maneuver through equitable subrogation issues.Quiet Title Actions
Our firm represents clients — including mortgagors, mortgagees and property owners — seeking to perfect their property rights or obtain clear title. We handle these proceedings in an efficient and expeditious manner. Our real estate practice complements and enhances our ability to navigate complex title issues.Contact Us
To benefit from the knowledge and skill of our accomplished legal team, please contact our office at 305.379.2400. Based in Miami, our lawyers handle mortgage fraud, forgery and related actions throughout South Florida.