Copyright Law Office of Barry G. Segal, P.A.. All rights reserved.
3096 Cardinal Drive, Suite 2C, Vero Beach, Florida  32963
Telephone: (772) 567-5552      Facsimile:  (772) 567-5772

Real Estate Litigation

Foreclosures and Mortgage Modifications

The effect of the real estate market crash has forever affected the ownership of Real Property throughout the world and most definitely the State of Florida. However, what many people do not understand is that the current mortgage and foreclosure crisis started unraveling years before.  Banks, lenders and investors have transformed mortgages into investments and introduced enormous pitfalls into the servicing of loans as well as foreclosures.

As a homeowner, this means that you may be mistreated by your lender.  It may also mean that you are not able to obtain the relief you need from your lender on your own. Barry G. Segal, Esquire has represented hundreds of lenders and homeowners in Mortgage Foreclosure cases.  With the ever changing world of Foreclosure, there is no substitute for experience and knowledge when handling a defiant lender or a defaulting borrower.  The courts have placed special requirements on lenders in Foreclosure cases that cannot be overlooked.  Homeowners may have defenses that they are not aware of or do not know exist.  Many times, lenders do not even own the loans that they are trying to enforce.    Most importantly, homeowners may not realize the remedies that they have available to help mitigate the long term effects a Foreclosure may have on their credit and possibly their other assets.  

We have assisted clients obtain the necessary relief to allow those clients to move on from their Foreclosure whether they left the home or were able to stay.  Some of the many remedies that are available include a Short Sale, Deed in Lieu of Foreclosure, Modification and sometimes, when warranted, defending the Foreclosure.  Be certain that you are receiving the best advice before you proceed in a Foreclosure or Mortgage Modification.  

This firm is an agent of the Old Republic National Title Insurance company and is a member of the Attorneys’ Title Insurance Fund Services.  We handle the representation of all clients purchasing or selling real property throughout the State of Florida.  Representation is provided in conjunction with the provision of title insurance and title insurance is issued at promulgated rates (the minimum rate set by Florida statute) when required.  Rates for clients buying or selling property without the provision of title insurance are available either at a flat rate or on an hourly basis depending on the needs of the client.  

Since 1996, Barry G. Segal, Esquire has represented thousands of parties in transactions ranging from beachside estates to single family residences.  From platted subdivisions and shopping centers to hotels and mobile home parks. Because the purchase or sale of your property is often one of the most important transactions in which you participate, do not trust your success to just good luck and great intentions.

When choosing counsel for your Real Estate matter, you should also consider those firms that handle Real Estate litigation in addition to their closing and title insurance practice.  From time to time, parties to a transaction will face the real possibility of finding themselves  in court whether it is to enforce a contract with the other party or perhaps to clear a title defect encumbering their own property.  By employing counsel with both transactional and litigation abilities, you do not face the possibility of lost time or advantage.  Another advantage is that counsel with litigation experience can more adequately advise you as to the effects of your decisions during the transactional phase of your matter.  Keeping you out of litigation can be just as important as winning in litigation later.  If you value the importance of your attorney seeing the inside of a courthouse on a routine basis, Barry G. Segal, Esquire is one of the few attorneys in Indian River County, Florida with feet both in the closing room and the courtroom.

Closings and Title Insurance

Law Office of

Barry G. Segal, P.A.

Real Estate litigation, like many areas of law, is very specialized.  The Real Estate litigator must be knowledgeable not only with the applicable statutes and case law, but also with the practices and procedures that underlie a typical real estate transaction.  In other words, your litigator, to be effective, must understand every aspect of your transaction or situation in order to be able to effectively represent you in court.  Barry G. Segal, Esquire has been representing clients in transactions and litigation for over seventeen years.  During that time, he has developed the experience and knowledge base to handle almost every type of real estate matter.

Representative clients include homeowners, builders, developers, small and large businesses, real estate brokers, lenders, condominium associations and homeowners’ associations.  Representative matters include contract disputes, survey and boundary disputes, construction defect matters, lender disputes, evictions, title defects and commission disputes.  Barry G. Segal, Esquire has represented clients in all levels of Florida trial courts, in Federal District Court, arbitrations and mediations.  In addition to trying cases, Barry G. Segal, Esquire has been appointed as both a mediator and an arbitrator in various real estate matters. 

By selecting your litigator with an established background and knowledge base in Real Estate law, you are able to obtain straight-up advice without waiting (and paying) for your attorney to learn the law.  Moreover, many real estate matters can be resolved provided the parties have the necessary information to understand the potential means of resolutions.  Not only does that require counsel with that knowledge but it requires counsel willing to put the interests of the client first over the billable hour and the fees that would be incurred litigating a case to trial.