Kelley Kronenberg - In the Know – Real Estate Edition - March 2022

IN THE

MARCH 2022

NOW

REAL ESTATE EDITION

IN THIS ISSUE: • PII vs. SPII • Florida FAR/BAR Updates • Housing Costs- Help Arriving?

• Lost Note Case Updates • Junior Lien Redemptions • IL Circuit Affirms Inspection Fees • 3DCA- Fee Multiplier Denied

EDITOR’S LETTER

WELCOME Editor, and Business Unit Leader/Partner

“

“

Jason M. Vanslette

Change is the law of life. And those who look only to

the past or present are certain to miss the future.

–John F. Kennedy

The beginning of 2022 was filled with

future success and ongoing existence in the

hope and optimism as the pandemic was

marketplace. As a real estate law firm, we have

beginning to finally wind down, foreclosure

had to mobilize staff and take on additional

moratoriums were expiring, and the real estate

areas of work that coincided with the demands

market was hottest we’ve seen in decades.

of our clients who are also facing changes with

Notwithstanding, the recent political unrest

regulation and volumes. The changes have

and upheaval in Europe continues to plague

increased our marketability and exposure to

our economy with challenges such as inflation,

both the local and national real estate space

higher interest rates and consumer anxiety.

with many opportunities lying ahead.

Although many of the circumstances are out of

Although change has been difficult and

our individual control, how we adapt and take

challenging, it is what defines our practice

on these unforeseen challenges will define our

while ensuring our future in the industry.

TABLE OF

CONTENTS PII VS. SPII— TIME TO GET SENSITIVE. . . . . . . . . . . . . . . . . . . . . . . . . . 4-6 UPDATE ON FLORIDA FAR/BAR CONTRACTS . . . . . . . . . . . . . . . . . . . . . 6-8 HOUSING AFFORDABILITY—HELP ON THE WAY?. . . . . . . . . . . . . . . . . . 8-10 NOT ALL IS LOST WHEN THE PROMISSORY NOTE IS LOST . . . . . . . . . 10-12 MINDING JUNIOR: DETERMINING THE REDEMPTION AMOUNT OF A JUNIOR MORTGAGEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13 SEVENTH CIRCUIT COURT OF APPEALS AFFIRMS PROPERTY INSPECTION FEE . . . . . . . . . . . . . . . . . . . . . . . . 14-15 THIRD DCA REVERSE FEE MULTIPLIER . . . . . . . . . . . . . . . . . . . . . . . . 15 -17 CONTRIBUTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-21 HELPING YOU STAY AHEAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-23 AWARDS AND ACCOLADES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-25 FIRM OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-27

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PII vs. SPII— Time to Get Sensitive By: Gary Sonnenfeld, Attorney

KK TAKEAWAY: Investors, servicers and firms must guard sensitive protected personal information.

BACKGROUND: By the very nature of the corporate records involved with a foreclosure lawsuit there is personal information of borrowers involved with every file. The investors, servicers and firms all have a responsibility to institute procedures and conduct trainings to protect the sensitive personal information of the borrowers.

The National Institute of Standards and Technology (NIST)’s Guide to Protecting the Confidentiality

of

Personally

Identifiable

Information defines “personally identifiable” as information like name, social security number, and biometric records, which can be used to distinguish or trace an individual’s identity.

PII can be both sensitive (SPII) and nonsensitive. SPII requires special handling due to the increased risk of harm, embarrassment, or unfairness to an individual if the information is lost or compromised SPII requires stricter handling guidelines. The Social Security Number is the most obvious example of SPII.

Driver’s license numbers

and financial account information is also considered SPII. The last four digits of the social security number is considered SPII if combined with other PII like an address or IN THE

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date of birth.

Investors, servicers and firms need to institute best practices internally to protect SPII for legal and ethical reasons. The financial and reputational downside for not adequately protecting borrower’s private information

The best way to be protected from violations associated with SPII is to have consistent and updated internal rules and programs in place.

The rules and programs should be installed by privacy professionals and should be made part of the normal company structure.

far outweighs the cost of instituting best practices to protect the information.

for all employees that deal with SPII. Trainings

Update on Florida FAR/BAR Contracts

should concentrate on both cyber security and

By: Jacqueline Guberman, Partner

Trainings should be mandatory and ongoing

individual error. Every conceivable scenario where an employee will come into contact with

KK TAKEAWAY:

SPII or distribute SPII should be covered in the

Effective November 1, 2021, Florida Realtors®

trainings. Firms should pay special attention

and Florida Bar released a revised template

for each Court’s requirements for redaction

Residential Contract for Sale and Purchase,

and each Judge’s preferred way of viewing unredacted documents when necessary.

Documents with SPII should be printed or distributed only when absolutely necessary.

The more people who have access to the

including several updates to the standard terms for Florida residential real estate transactions.

BACKGROUND:

documents with SPII and the more times

In Florida, most real estate transactions for

the information is printed or distributed the

the purchase and sale of residential real estate

more risk that the information will be lost or

utilize form contracts. These form contracts,

compromised.

often referred to as the “FAR/BAR Contracts,” are drafted and approved by both Florida Realtors® and the Florida Bar. To keep pace with the ever-changing Florida real estate market, the FAR/BAR Contracts are routinely updated every few years. Effective November 2021, the FAR/BAR Contracts were updated with numerous revisions that reflect, among other changes, an enhanced focus on the loan approval timeline during the closing process, and a nod to the impact of the COVID-19 pandemic on real estate transactions.

The first major update to the FAR/BAR

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Contract related to the portion of the contract

lender, it is completed earlier in the process.

addressing the loan approval period. If the

With the explosive growth in home valuations,

buyer is securing financing to purchase the

and multiple bids scenarios now common

property, the FAR/BAR Contracts outline how,

place in the single-family home market, a

when, and by what means loan approval is

property’s appraised value may not match

achieved to satisfy the terms of the contract’s

its contracted sale price. This update to the

financing contingency. The latest update

FAR/BAR contract recognizes this and urges

now requires that the lender must receive a

the parties to address this issue earlier on in

satisfactory appraisal before the loan approval period expires. The prior version of the contract had no such requirement. As a result, a low appraisal could derail the transaction

the closing process. This allows the seller to get the property back on the market sooner, if needed, due to buyer’s inability to secure financing at the contracted sales price.

very late in the process. By including the

In another nod to current events, the FAR/

appraisal in the timeline for the loan approval

BAR contract also revised its Force Majeure

period, the latest FAR/BAR contracts strive to

clause. The Force Majeure clause provides

ensure that if an appraisal is required by the

that neither party is required to perform or IN THE

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otherwise act in accordance with the contract

unaffordability. Help may be on the way, but is

when doing so is disrupted or delayed due to

it too little too late?

the occurrence of events such as hurricanes and other extreme weather after making

BACKGROUND:

reasonable diligent efforts to comply. The

2021 was a great year for many homeowners

clause was updated to include “governmental

in the state of Florida.

actions

government

that the median value of homes in the State

shutdowns, epidemics, or pandemics” in its

increased by almost 24% last year, and almost

list of qualifying events to invoke the clause.

70% in the last five years. However, for the

The prior version of the FAR/BAR contract

nearly one-third of Floridians who rent, the

had no such carve out. As a result, when

booming real estate market has left them and

the COVID-19 pandemic hit in early 2020,

their families reeling, as rent across the State

there was a great amount of uncertainty

has also seen significant increases over the

surrounding default terms when the inability

last year.

and

mandates,

to comply with a provision of the FAR/BAR Contract was made nearly impossible by previously unimagined scenarios.

Research shows

Reports show that since January 2021, rent has jumped up approximately 14% in South Florida, 20% in Central Florida, and

While this is just a small sample of the changes

almost 25% in the Tampa area. Due to the

made by the November 2021 revision to the

global pandemic caused by the emergence

FAR/BAR Contract, its important to keep an

of Covid-19, foreclosure filings in Florida

eye on the changes as they impact real estate

have similarly increased. Central Florida, for

professions, home buyers/sellers, and lenders

example, saw a 17% increase in filings in 2021

alike in navigating real estate transactions.

as compared to 2020.

Indeed, a very dangerous confluence of events which includes, homeowners facing foreclosure, an influx of new out of state

Housing Affordability— Help on the way?

individuals and families, less land available for new construction, and domestic and foreign investors buying properties to use as vacation

By: Scott Goldstein, Attorney

rentals, has created a shortage of available

KK TAKEAWAY:

housing for renters and has caused builders

Florida’s white-hot housing market is a boom

the most basic of economic principles tells

for homeowners in the state who are looking to

us, short supply coupled with high demand

sell, as well as those who prefer to retain their

inevitably leads to price increases.

property, and have seen their equity build at a

exorbitant spikes were largely unanticipated

rapid pace. However, for Floridians who rent,

and are creating devastating consequences

they are feeling the burn of increased housing

for Floridians. Many renters are now spending

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to construct even higher-priced dwellings. As

These

50% or more of their disposable income on housing alone. This is especially true for lower-income residents and those living in the higher cost tourist areas across the State.

As a result, at least one report has concluded that Florida now leads the nation in rental unaffordability.

As such, House and Senate Democrats have called on the governor to declare a state of emergency due to surging rent; they seek state intervention as soon as possible. An emergency declaration would allow the Attorney General to halt hikes by considering anything over 10% price gouging. The plan also calls for the governor to make the order retroactive to the past 12 months. Moreover, it is being requested that Florida’s state budget

for 2022-23 address the ongoing housing crisis.

In response, earlier this year, Governor DeSantis proposed a $99.7 billion budget for fiscal 2022-23, of which $355 million would be allocated for affordable housing initiatives, to include workforce and low-income housing. However, some members of the Florida House and Senate are concerned that the proposed $355 million will not actually be used for affordable housing. A process called “sweeping”, where money allocated to affordable housing gets diverted to the other undertakings has been criticized by many. Since 2007, more than $2 billion has been swept from affordable housing. And while Republican lawmakers have contended

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sweeping will not occur this time around, those

Florida law provides extra requirements

who are heavily advocating for this affordable

which must be met to reestablish the Note

housing initiative are skeptical based on what

and, eventually, prove standing to foreclose

has happened in years past.

when the Note is lost. With litigation picking

Some lawmakers believe these efforts are too little, too late, but it does appear to be a step in the right direction in attempt to curtail rising rent. Hopefully help is on the way for Floridians who need it most, but only time will reveal the answer.

up for lenders and counsel, preparation ahead of time is key to avoiding issues at trial when the Note is lost.

BACKGROUND: Despite

efforts

to

safeguard

original

Promissory Notes such as constant tracking and safe storage practices, they invariably get lost. Whether it be by a Clerk of a Court

Not all is lost when the Promissory Note is Lost By: Jason D. Silver, Attorney

when filed during a case, from transit from one intended Note holder to another, or in a recent situation where the Note was lost when getting picked up from a court file after

KK TAKEAWAY:

a prior case concluded years ago.

Lenders and their attorneys must be extra

With COVID-19 moratoriums ending, court

prepared when the Promissory Note is lost.

hearing and trial calendars are getting busier.

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Lenders and their attorneys must be ready

of the instrument because the instrument

and prepared to prove their case when

was destroyed, its whereabouts cannot be

a Promissory Note is lost. As such is the

determined, or it is in the wrongful possession

exception to the normal situation, one must

of an unknown person or a person that cannot

not get caught unprepared to handle the

be found or is not amenable to service of

situation.

process. See Deutsche Bank Nat’l Tr. Co. as

When a Note is lost, counsel for the lender has additional challenges it must meet during a trial to “reestablish” the lost note, which, in

Tr. for Morgan Stanley ABS Capital I Inc. Tr. 2006-NC3 v. Smith, 276 So. 3d 315 (Fla. 4th DCA 2019).

other words, means to bring the Note back into

By obtaining the appropriate answers to be

a valid status in the stream of commerce. Such

above elements, the lender should be able to

effort requires additional specific questions

reestablish the lost Note and prove standing

and using a copy of the Note instead of the

to foreclose. The lender of course should also

original version.

continue to organize and rely on additional

At the same time, the lost Note provides opportunities for defendants to challenge the lender’s efforts to prove standing to foreclose and increases risk if the lender’s counsel is not prepared or otherwise has a plan to trace the history of the lost note as much as possible.

While a taller challenge, all is not lost just because the original Note cannot be located.

A lender can still prove standing by proving it

evidence to solidify the standing aspect of the case via evidence of an effective transfer of the Note, proof of purchase of the Note debt, or other evidence of a valid assignment of the Note. See Stone v. BankUnited, 115 So. 3d 411 (Fla. 2d DCA 2013).

During a recent non-jury trial our law firm handled, counsel for the borrower asserted multiple objections to the lost note evidence, argued that there was not enough proof of

meets the elements spelled out by Florida law.

ability to enforce the note after it was lost

The lender must prove the Note is lost and that

years prior, and argued that there was no way

it is entitled to enforce the lost note pursuant to Florida Statute § 673.3091. This statute

to trace the rights to enforce the note after it was filed in the prior case and then lost.

sets forth the requirements for enforcement

Our office was able to prove standing by

of a lost note.

bringing in an additional witness from a

During the trial, the lender seeking to enforce the instrument must provide testimony that it was entitled to enforce the instrument when loss of possession occurred, the loss of possession was not the result of a transfer by the person or a lawful seizure; and that the lender cannot reasonably obtain possession

servicing institution which serviced the note when it was lost and go the extra step of obtaining certified court records which traced the lender’s right to enforce the Note before it was lost in 2013, when it was lost, and then all the way to current day.

Our office also brough to trial a certified copy IN THE

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of an Assignment of the Mortgage and the

sold to First Mortgagee for $302,100.00. See

Note recorded before the case was filed in the

MST Corp. v. Caribe Ins. Agency Corp., 314 So. 3d

event the Court had concerns about the lost

432, 433 (Fla. 3d DCA 2020).

Note. All the evidence together combined to

Unfortunately, the First Mortgagee failed to name

persuade the Court to rule there was standing to foreclose.

In sum, while it is never ideal when a Note is lost, such does not mean a lender will not be able to prove standing to foreclose. Counsel for lenders must see and anticipate the issue well ahead of a contested hearing, plan to solicit the special testimony needed under law, and prepare a compilation of additional evidence together with the copy of the ost Note to prove standing if available.

a junior mortgagee in their foreclosure action, and subsequent to the issuance of certificate of title to First Mortgagee in their foreclosure case, the omitted junior mortgagee (“Junior Mortgagee”) sued to foreclose their junior mortgage in the principal amount of $63,989.24. See Id. In response, First Mortgagee counterclaimed to re-foreclose the interest of Junior Mortgagee, and asked the Court to require Junior Mortgagee to exercise its redemption rights via payment of $302,100.00, plus interest and additional amounts expended by First Mortgagee related to the property. See Id. The trial court granted Junior Mortgagee’s

Minding Junior: Determining The Redemption Amount Of A Junior Mortgagee By: Marc Marra, Partner

motion for redemption on First Mortgagee’s reforeclosure counterclaim, and determined the redemption amount to be $183,378.10. First Mortgagee appealed that ruling, challenging the redemption amount set by the court. See Id.

KK TAKEAWAY:

The Third District Court of Appeal of Florida

A junior mortgagee omitted from a Plaintiff’s

affirmed the redemption amount set by the trial

foreclosure action retains the right of redemption, with the redemption amount being calculated as the amount junior mortgagee would have paid to redeem its mortgage upon filing of original Plaintiff’s foreclosure action.

court, holding that the omitted Junior Mortgagee was “entitled to pay the redemption amount it would have been required to pay if it had been joined in the [First Mortgagee’s] foreclosure action and had elected to redeem promptly upon the filing of the first foreclosure.” MST Corp. v.

Caribe Ins. Agency Corp., 314 So. 3d 432, 433–

BACKGROUND:

34 (Fla. 3d DCA 2020); citing Quinn Plumbing

By way of background, the foreclosure Plaintiff

Co., 129 So. at 693 (“The junior incumbrancer

holding a first mortgage (“First Mortgagee”)

redeems from the mortgage, not from the

filed their foreclosure action and proceeded to

foreclosure sale to which he was not a party.”)

judgment in an amount of $183,378.10, and to foreclosure sale whereby the subject property 12 | IN THE

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Seventh Circuit Court of Appeals affirms property inspection fee By: Elliott Halsey, Attorney

KK TAKEAWAY: Lenders

should

ensure

their

mortgage

documents authorize expenditures necessary to protect the property value upon default.

Even for occupied properties, FHA mortgages expressly allow necessary inspection and preservation charges made in fulfilling the monthly inspection duties pursuant to 24 CFR §203.377.

BACKGROUND: A recent Seventh Circuit case affirmed the right of a loan servicer to charge a property inspection fee at default.

In Leszanczuk v. Carrington

Mortgage Services, LLC, 21 F.4th 933 (7th Cir. Dec. 28, 2021), the borrower challenged the inspection fee on the basis that she occupied the property at the time of inspection. The borrower filed a class action case for breach of contract and violation of Illinois’s consumer fraud statute, alleging breach of the mortgage contract and consumer fraud for the $20.00 inspection fee charges.

The mortgage was an FHA-insured loan, and the district court noted that HUD regulation 24 CFR §203.377 imposes lender responsibility to inspect the subject property monthly after default. Occupied properties are not excepted from the 203.377 duties. The complaint was dismissed by the district court, which also held that charging the fee did not offend public policy and was not oppressive, so was not an unfair practice.

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The Seventh Circuit Court of Appeals affirmed

2022 which caught my attention. It stems from

and stated that the policy underlying §203.377

a fee award as part of a judgment entered on

is to obligate mortgagees to protect property

a foreclosure of an architectural services lien.

values in the case of default and not to protect

It carefully analyzed the elements required to

mortgagors from those fees. The Court read

obtain a multiplier award and found that one of

mortgage paragraph 8 as enabling the Lender

the elements in particular - difficulty in finding

to collect “fees and charges authorized by the

well-qualified, competent counsel to handle the

Secretary [of HUD]”, and inspection fees are

case in the market area - just wasn’t proven.

expressly permitted as “necessary” to protect the property value after default.

The Court

stated that Paragraph 8 did not restrict fees and charges to only those authorized by the Secretary but allowed the lender may collect the §203.377 preservation fees in addition to other fees.

Attorney Fee multipliers were created for situations where, due to an increase in risk and expense in litigation, there increase in the difficulty of finding competent counsel. Thus, the idea of a “Fee Multiplier” was created for those situations where litigants really are at a disadvantage in certain situations.

Multipliers are not granted liberally. Indeed,

Third DCA Reverse Fee Multiplier By: Jason D. Silver, Attorney

KK TAKEAWAY: Attorney fee multipliers create high stakes risks with lots of money on the line when sought. Litigants must put on persuasive evidence and testimony to meet each element and, in the recent appellate opinion discussed below, the relevant market factor test.

BACKGROUND:

substantial amounts of money are on the line when they are sought. A high stakes evidentiary hearing

with

extensive

preparation,

legal

argument, briefing, and even additional discovery are needed on the issue.

The aforementioned recent opinion Impex Caribe Corp., Appellant, v. Carl Levin, P.A., etc., et al., Appellees. Additional Party Names: CLA-D, 3D20-1806, 2022 WL 610157, at *2 (Fla. 3d DCA Mar. 2, 2022), focused on the relevant market factor test.

It discussed that “the purpose of the relevant

Attorney fee multipliers always get the attention

market factor is “to assess, not just whether there

of litigators when the topic is brought up. Most

are attorneys in any given area, but specifically

attorneys have a memory of their heart rate

whether there are attorneys in the relevant

going up when an opposing lawyer comments

market who both have the skills to handle the

“we’re going to seek a multiplier if we win here,

case effectively and who would have taken the

you know.”

case absent the availability of a contingency fee

An opinion was just released out of the Third District Court of Appeal in Miami on March 2,

multiplier.”

Impex, et al., challenged the ruling of the IN THE

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application of the multiplier in favor of Levin, et al., here. The appellate court analyzed the testimony given by the fee expert on behalf of Levin and concluded that it actually did not provide sufficient testimony to pass this market test. Actually, “...on cross-examination, Levin’s fees expert conceded that he was completely unaware of the number of construction lawyers and

board-certified

construction

lawyers

practicing in Miami-Dade County.”

drives resolution of the fee determination issue overall.

When a multiplier is in play every aspect of the of the facts and law on the issue must be carefully vetted by the parties. The litigants on both sides must be vigilant to create a clear record as the multiplier issue and each required element to obtain or challenge the same due to the amount of money on the line and the possibility of an appeal.

Citing other cases with a similar factual situation - indeed an issue for the party seeking the additional fees - this led to the reversal of the multiplier award, with the court here discussing the applicable law that: “If there is no evidence that the relevant market required a contingency fee multiplier to obtain competent counsel, then a multiplier should not be awarded.” See USAA Cas. Ins. Co. v. Prime Care Chiropractic Centers, P.A., 93 So. 3d 345, 347 (Fla. 2d DCA 2012).

This ruling is very relevant in practice fields where there are a high number of attorneys practicing such as foreclosure and insurance fields. While certainly not the situation across the board statewide, this relevant market factor test should really be focused on in a high volume area of the law in highly populated areas of the state as, it is possible, there is a high number of well-qualified competent counsel who can take on the case for the disadvantaged litigant.

This ruling also highlights the importance of retaining a very good expert witness who can provide testimony from knowledge and experience on issues such as the one in the subject opinion. It also does not hurt that when a reputable, experienced, and knowledgeable fee witness is disclosed, such often impacts and IN THE

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MEET THE

CONTRIBUTORS

Jason M. Vanslette Editor and Business Unit Leader/Partner Email Jason M. Vanslette

200 clients simultaneously and served as Lead Chair on more than 15 jury trials.

Prior to joining the firm, Jason worked as an Attorney for a firm in Fort Lauderdale, FL, where he provided legal representation to major financial institutions and mortgage servicers in various counties throughout the

Jason Vanslette is an “AV” rated Partner and Business Unit

state, while focusing on non-jury trials and contested

Leader focusing his practice on Mortgage Foreclosure

litigation.

Litigation and assisting banks and other financial service

Jason earned a Bachelor of Arts degree from Florida

providers with regulatory, enforcement, transactional

State University. He went on to earn a Juris Doctorate

and litigation matters. Jason is rated AV Preeminent by

degree from Nova Southeastern University, Shepard

Martindale-Hubbell, which indicates a demonstration of

Broad Law Center where he earned a spot on the Dean’s

the highest professional and ethical standards and is the

List for three consecutive years and received the Pro

highest rating a lawyer can receive.

Bono Honors Award. While attending law school, he

Jason began his legal career as an Assistant Public

served as an executive board member for Law Student

Defender for the Office of the Public Defender – 9th

Advisor, Chief Executive and Host of WLAW Radio and

Judicial Circuit in Orlando, FL. During that time, he

member of the Nova Trial Association.

provided criminal defense representation to more than 18 | IN THE

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Jacqueline Costoya Guberman

lenders, and loan servicers at both the trial court and

Partner

Florida Second, Third, and Fifth District Courts of Appeal,

Email Jacqueline Costoya Guberman

handling much of the Real Property Litigation practice

appellate level. She has successfully argued before the

group’s appellate litigation.

In 2009, Jacqueline earned a Bachelor of Arts degree

Jacqueline Costoya Guberman is a Partner at Kelley Kronenberg, focusing her practice on real estate matters with particular emphasis on real property litigation, residential and commercial real estate transactions, and appellate litigation.

from the University of Florida. She went on to earn a Juris Doctorate from the University of Miami School of Law where she graduated cum laude, served on the executive board of the Charles C. Papy Moot Court Board, and received a Dean’s Certificate in Client Communications.

Jacqueline is currently serving her second year as Co-

As an agent for Old Republic National Title Insurance

Chair for the Junior League of Greater Fort Lauderdale’s

Company, Jacqueline assists in the acquisition, financing,

Riverwalk Run benefitting the League’s many charitable

and development of real estate including commercial

initiatives and has been appointed to the Florida Bar’s

and residential projects. Jacqueline also has extensive

Media and Communications Law Committee effective

experience involving the representation of businesses,

July 1, 2017.

Marc A. Marra Partner Email Marc A. Marra

Marc Marra is a Partner at Kelley Kronenberg focusing on the Firm’s Real Estate Practice. With over ten years of experience, his practice focuses on assisting banks, lenders, mortgagees, and financial service providers with enforcing their rights in security instruments on real property. He protects, enforces, and litigates his clients’ rights in security instruments on real estate. He

also represents Condominium Associations and HOAs throughout South Florida as general counsel.

Marc is the founder of Heart Warriors, Inc., a non-profit corporation which supports children with Hypoplastic Left Heart Syndrome (HLHS) and other congenital heart diseases, and their families. This cause is very close to him as his daughter, Charlotte, has HLHS, and has undergone multiple major open-heart surgeries.

Marc prides himself on being available to his clients 24/7 and on his ability to assist with issues stemming from any dispute related to real estate – title, general real estate litigation, bankruptcy, sale, etc.

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MEET THE CONTRIBUTORS Jason D. Silver Attorney Email Jason D. Silver

Jason Silver is an Attorney at Kelley Kronenberg where he assists in handling matters related to Mortgage Foreclosure Litigation and assisting banks and other financial service providers with regulatory, enforcement, transactional and litigations.

Jason has close to a decade of experience in contested foreclosure litigation, guiding creditors from the beginning to completion of a court action.

Prior to joining the firm, Jason worked as an Associate Attorney at an AmLaw 200 firm focusing his practice in the areas of banking and consumer finance. He also practiced bankruptcy and general litigation as well as municipal and government law,

having presided as the Deputy Municipal Attorney for the Village of El Portal, Florida.

Jason received his Bachelor of Science in Public Relations with a minor in History from the University of Florida where he was elected to the Florida Blue Key Honor Society and awarded the Honorable Mention for the Outstanding Leadership and Service Award.

He then went on to earn his Juris Doctor degree from St. Thomas University School of Law. While in law school, Jason received a Book Award in Appellate Advocacy. Jason also worked as a legal intern for the Office of the City Attorney at the City of Miami in the Land Use, Zoning, and Quality of Life Division and interned for the Hon. Judge David Gersten (ret.) at the Third District Court of Appeal.

Jason is an avid runner and successfully completed the ING Miami Half Marathon and 13.1 races in 2011 and the Hollywood Beach Half Marathon in 2020.

R. Elliott Halsey

Civil Practice in Chicago and collar counties. Prior

Attorney

to joining the firm, he was an Attorney at a Chicago

Email R. Elliott Halsey

firm where he handled matters in Foreclosures, Bankruptcy,

Real

Estate

closings,

Landlord-

Tenant, Collections, Small Claims, and Arbitration.

Throughout his extensive career, he has experience Elliott Halsey is an Attorney at Kelley Kronenberg focusing his practice on mortgage foreclosure litigation and assisting banks and other financial service providers with regulatory, enforcement, transactional and litigation matters.

handling matters related to lien litigation, property

Elliott has 18 years of legal experience in Bankruptcy, Real Estate, Foreclosure, and General

of Ohio University. He then went to earn his Juris

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tax litigation, evictions, family law, commercial property and Intellectual Property.

Elliott earned his Bachelor of Arts from Wittenberg University and a Master of Science from Miami Doctor the Ohio Northern College of Law.

Scott V. Goldstein Attorney Email Scott V. Goldstein

Scott Goldstein is an Attorney at Kelley Kronenberg focusing his practice on Mortgage Foreclosure Litigation and assisting banks and other financial service providers with regulatory, enforcement, transactional and litigation matters.

Prior to joining the firm, Scott worked as a Senior Attorney where he provided legal representation to major financial institutions, mortgage servicers, and homeowner associations in various counties throughout the state in both contested and noncontested litigation matters.

Scott received his Bachelor of Science in Criminal Justice with honors from Richard Stockton College of New Jersey. He then went on to earn his Juris Doctor degree from Florida Coastal School of Law where he was a recipient of the Governor’s MeritBased Scholarship.

Gary Sonnenfeld

banks and service providers as well as blockchain

Attorney

and technological influences on real estate laws.

Email Gary Sonnenfeld

Gary received his Bachelor of Arts in Religion and International Relations with honors from Boston University where he was awarded a University Scholarship. He then went on to earn his Juris Doctor

Gary Sonnenfeld is an Attorney at Kelley Kronenberg

degree from Georgetown University Law Center

focusing his practice on Mortgage Foreclosure

and graduated with a Dean’s Certificate for honors.

Litigation and assisting banks and other financial

Gary continued his pursuit of higher education by

service providers with regulatory, enforcement,

obtaining a Bachelor of Science degree, cum laude,

transactional and litigations. Gary has extensive

in Computer Science from Florida International

experience in contested foreclosure on behalf of

University.

IN THE

NOW |

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HELPING YOU

STAY AHEAD

22 | IN THE

NOW

BLOG Navigating Eviction Moratoriums—Caution to Landlords and Investors In March of 2020, it became clear among the masses (both private and public) that Covid-19 would be an undeniable hindrance to our ability to resume “normal” life as we know it (whatever “normal” means to each of us individually). Schools, businesses, parks, restaurants, etc. all began closing their doors both voluntarily and involuntarily based on local, state and Federal regulations demanding the same. Not surprisingly, certain sectors of the economy that require in-person contact or activities with close proximity to each other almost immediately began feeling the wrath of the economic outfalls from the pandemic.

Many local and state regulations curbed or even. […]

CLICK TO READ MORE

IN THE

NOW |

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AWARDS AND

ACCOLADES FIRM AWARDS Kelley Kronenberg has been the recipient of numerous awards and honors both firm-wide and for a number of our practices, including individual accolades. Below is a select list of recognition and awards:

2021

Best Midsize Law Firms To Work For

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Largest Law Firms”

Ranked amongst the “Best Law Firms”

Ranked amongst the “Largest Law Firms”

Named as a “Business of the Year” and “Top 100 Private Companies”

Best Multi-Practice Business Law Firm – USA

2021 “Diversity Team” winner

Ranked amongst the “Largest Law Firms”

24 | IN THE

Fastest-Growing Private Companies in America

NOW

REAL ESTATE ATTORNEY AWARDS

South Florida Business and Wealth: Real Estate Awards Jason M. Vanslette

Best Lawyers in America: Ones to Watch Marc A. Marra Jason D. Silver

South Florida Legal Guide “Top Lawyers” Martindale Hubbell AV Preeminent Rating Jason M. Vanslette Lauren K. Einhorn Marc A. Marra

Jason M. Vanslette

American Legal & Financial Network, JPEG Picture the Future Award Jason M. Vanslette Lauren K. Einhorn

Florida Super Lawyers “Rising Stars” Jason M. Vanslette, Lauren K. Einhorn Marc A. Marra, Jacqueline Costoya Guberman, Jason D. Silver

Florida Trend Magazine Legal Elite, Up and Comer, 2020 Lauren K. Einhorn

Broward County Bar Association, “Top 40 Under 40”, 2021 Marc A. Marra

Fort Lauderdale Illustrated “Top Lawyer” Jason M. Vanslette IN THE

NOW |

25

A Firm Built on Relationships KELLEY KRONENBERG IS A MULTI-PRACTICE BUSINESS LAW FIRM.

with over

400

Employees

more than

175 Attorneys

the convenience of

12

Locations

Founded in 1980, the firm is one of the fastest-growing law firms in Florida and amongst the largest in the U.S. The firm serves all types and sizes of public and private companies, including small businesses and individuals nationwide.

OUR

OFFICES CHICAGO

NEW YORK NEW JERSEY

ATLANTA JACKSONVILLE DAYTONA ORLANDO

14

WEST PALM BEACH TALLAHASSEE FORT LAUDERDALE

OFFICES

NEW ORLEANS

TAMPA

NAPLES

MIAMI

CHICAGO

DAYTONA

FORT LAUDERDALE

JACKSONVILLE

10360 W. State Road 84 Fort Lauderdale, FL 33324 Phone: (954) 370-9970

10245 Centurion Parkway N, Suite 300 Jacksonville, FL 32256 Phone: (954) 370-9970

MIAMI

NAPLES

NEW ORLEANS

NEW YORK

201 St. Charles Ave, Suite 2500 New Orleans, LA 70170 Phone: (732) 547-7907

One Liberty Plaza 165 Broadway 23rd Floor, Suite 2374 New York, NY 10006 Phone: (800) 484-4381

ORLANDO

TALLAHASSEE

TAMPA

WEST PALM BEACH

150 N. Michigan Avenue, Suite 800 Chicago, IL 60601 Phone: (312) 216-8828

1111 Brickell Avenue, Suite 1900 Miami, FL 33131 Phone: (305) 503-0850

20 North Orange Avenue, Suite 1207 Orlando, FL 32801 Phone: (407) 648-9450

1112 Riverside Drive Daytona Beach, FL 32117 Phone: (754) 888-5437

1421 Pine Ridge Road, Unit 120 Naples, FL 34103 Phone: (954) 370-9970

6267 Old Water Road, Suite 202 Tallahassee, FL 32312 Phone: (850) 577-1301

1511 North Westshore Blvd., Suite 400 Tampa, FL 33607 Phone: (813) 223-1697

1475 Centrepark Blvd., Suite 275 West Palm Beach, FL 33401 Phone: (561) 684-5956

BY APPOINTMENT ONLY ATLANTA

1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Phone: (404) 990-4972

NEW JERSEY

51 John F. Kennedy Parkway First Floor West Short Hills, NJ 07078 Phone: (908) 403-8174

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NOW |

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WWW.KKLAW.COM | 800.484.4381 | INFO@KKLAW.COM C h i c a g o | D a y t o n a | F o r t L a u d e r d a l e | J a c k s o n v i l l e | M i a m i | N a p l e s N e w O r l e a n s | N e w Yo r k | O r l a n d o | Ta l l a h a s s e e | Ta m p a | W e s t P a l m B e a c h