Mortgage Law

Buying, refinancing, or investing in real estate almost always involves one thing, financing. And anytime a mortgage is part of the transaction, legal review is essential. Our firm provides comprehensive mortgage law representation that protects borrowers, lenders, and investors at every stage of the financing process. From contract to closing, we ensure that mortgage terms are clear, compliant, and enforceable.

Federal and state regulations around lending have changed dramatically over the past decade. With complex disclosure rules, mandatory waiting periods, and detailed closing requirements, it’s easy for important details to be missed or misunderstood. We offer legal support that not only keeps the process compliant but also gives our clients peace of mind that their rights are protected, whether they’re financing a home, refinancing an investment, or lending capital to secure real estate.

We’ve worked with banks, credit unions, private lenders, developers, and individual borrowers throughout the state. Our experience covers residential mortgages, commercial loans, refinance transactions, construction financing, and private lending. If it involves a mortgage, we’ve handled it. And if you are working with a mortgage broker or other mortgage professional, make sure to discuss the importance of having a real estate attorney get involved in your transaction.

Legal Review of Loan Documents

Mortgage loan documents are lengthy and technical. They can be overwhelming and laced with fine print terms. These terms are important terms that impact your rights as a borrower, property owner, or lender. Our firm provides thorough legal review of mortgage loan packages to make sure our clients fully understand the terms and conditions of security documentation. After all, every mortgage transaction ultimately involves granting the lender the right to place a lien on your real property as security for the loan.

We break down key components such as the promissory note, mortgage or deed of trust, escrow instructions, and the closing disclosure (CD). For borrowers, we look at interest rates, prepayment penalties, balloon payments, default provisions, escrow requirements, and how taxes and insurance are affected and managed. We flag anything unusual or potentially problematic before you sign.

For lenders, we ensure that documents are enforceable and in compliance with both Florida law and federal lending regulations. We draft or review loan agreements, guarantees, security instruments, and any required disclosures. We also check for compliance with Truth in Lending Act (TILA), RESPA, and the integrated TRID disclosure rules.

Whether the transaction is residential or commercial, we help both sides understand the implications of the loan terms, prepare necessary amendments, and resolve discrepancies before they delay funding. Our attention to detail helps prevent future disputes, litigation, or regulatory issues, and offers every party the confidence of completing these loan transactions fully informed and educated about their documentation.

TRID Compliance and Closing Disclosure Preparation

The introduction of TRID (TILA-RESPA Integrated Disclosure) created a whole new layer of complexity in mortgage transactions. With strict timelines, mandatory disclosures, and revised closing procedures, lenders and settlement agents are under constant pressure to get the details right. Our firm stays up to date with these regulations and provides guidance, preparation, and support to keep transactions compliant and on track.

We help prepare and review the Closing Disclosure (CD) to ensure accuracy and legal compliance. We verify that all fees, prorations, escrow items, and payoff amounts are properly listed. We also check that disclosures align with the Loan Estimates (LE) previously provided to the borrower. Inconsistencies between the two can result in delays, fines, or even contract breaches.

We work closely with lenders and title agents to ensure that the CD is delivered on time and reflects the actual terms of the loan. We also help borrowers understand loan charges, why, and whether anything has changed since the original quote, and loan terms expected to affect payments and compliance throughout the life of the loan. Our guidance helps prevent last-minute surprises and ensures the borrower is fully informed before closing.

Because TRID also includes strict delivery timelines, we monitor those deadlines and make sure all parties comply. Late disclosures or miscalculations can trigger penalties and loss of trust. With our legal oversight, clients can be confident that all required forms are accurate, timely, and enforceable. And if you are working with a mortgage broker or other mortgage professional, make sure to discuss the importance of having a real estate attorney get involved in your transaction.

Representation for Private Lenders and Mortgage Investors

Private lending has become a growing segment of the real estate market. Whether it’s short-term bridge loans, rehab financing, or seller-held mortgages, private lenders need experienced legal counsel to protect their collateral and ensure the enforceability of their documents. Our firm represents private lenders across Florida, providing custom loan documents, title review, and ongoing legal support.

We draft promissory notes, mortgages, assignments of rents, personal guarantees, and all supporting loan documentation. We also help lenders structure transactions that align with their risk tolerance and investment goals. That includes setting default interest rates, creating escrow holdbacks, and securing lien priority through proper recording procedures.

Before funding, we conduct legal review of title, appraisals, and borrower information to identify concerns that may impact the loan’s security. We verify lien positions, obtain necessary endorsements, and ensure that title insurance protects the lender’s interest. We also coordinate closings, disbursements and recordings to maintain the integrity of the loan package.

In the event of borrower default, we assist with enforcement, foreclosure proceedings, or workout negotiations. Our goal is always to help lenders protect their investment and avoid unnecessary risk. Private lending is only secure when the legal framework is solid. We provide the experience and documentation needed to make that happen. And if you are working with a mortgage broker or other mortgage professional, make sure to discuss the importance of having a real estate attorney get involved in your transaction.

Guidance for Borrowers During Purchase or Refinance

For many borrowers, a home purchase or refinance is the largest financial commitment of their life. We help guide clients through every step of the mortgage process; from understanding approval requirements to reviewing final loan documents. Whether you’re working with a traditional bank, a private lender, or a mortgage broker, having legal oversight ensures you’re protected from unnecessary risk or hidden costs.

We help borrowers understand approval terms, appraisal conditions, loan estimates, and what factors might delay funding. We verify loan amounts, interest rates, escrow reserves, and closing costs to make sure everything matches the original terms discussed. If something changes at the last minute, we negotiate with the lender to amend the agreement—or, if needed, delay closing to avoid a rushed or unfavorable deal.

We also review all documentation provided by the lender and title company, including the deed, affidavit of title, compliance certificates, and funding instructions. Our legal team makes sure all requirements are met before closing day, so the process is smooth and free of surprises.

For refinances, we help determine whether new loan terms are truly beneficial, and whether early payoff penalties or tax implications should be considered. We also review how title will be held post-closing and what steps need to be taken to protect homestead status or other exemptions.

With legal representation, borrowers gain clarity, leverage, and peace of mind throughout the mortgage process. You don’t have to figure it out on your own, we’re here to help. And if you are working with a mortgage broker or other mortgage professional, make sure to discuss the importance of having a real estate attorney get involved in your transaction.