Real Estate, Business, & Commercial Litigation Law Firm in Southwest Florida

Holtz Mahshie DeCosta, P.A.

1560 Matthew Drive
Suite B
Fort Myers, Florida 33907
USA

(239) 931-7566

(239) 931-7560

www.hmdlegal.com

Contact the Law Firm

Law Firm Overview

At Holtz Mahshie DeCosta, P.A., the attorneys have over twenty-five years of combined experience in real estate, business and commercial matters. Holtz Mahshie Decosta prides itself in its ability to offer large firm expertise and sophistication while maintaining the highest standards of personal service and individualized attention to its clients' needs.

We are a full-service real estate, business and commercial litigation law firm serving Fort Myers, Naples, Sanibel, Punta Gorda, Port Charlotte and greater southwest Florida. The firm represents a wide range of clients including real estate investors and developers, contractors, brokers, individual owners/borrowers and small business owners.

The firm’s litigation practice is aimed at actively advancing our clients’ cases with aggressive strategies that win results at a reasonable fee. Our commitment to proactively resolving disputes in a cost efficient manner is the cornerstone of the firm’s litigation philosophy. Towards that end, the firm’s attorneys take great care to develop sound case strategies which take into account all aspects of the issues at hand and address all of the clients’ goals while keeping financial considerations in perspective.

The firm’s attorneys are admitted to practice in the state courts of Florida, New York, Massachusetts, and Rhode Island as well as the Federal courts for the Middle District of Florida, District of Massachusetts and District of Rhode Island.

Areas of Law

Areas of Law Description

Holtz Mahshie DeCosta, P.A. represents clients on the following areas of practice:

- Real Estate

Our firm provides Ft. Myers, Sanibel, Port Charlotte and greater southwest Florida with transactional real estate services covering all aspects of commercial and residential real estate. We assist our clients with the development, leasing, sale and purchase of commercial and residential real property. Our depth and breadth of experience allows us to develop both sophisticated and practical solutions to our clients' needs, and we have successfully represented a wide range of clients, including condominium boards, in a variety of commercial and residential real estate transactions.

- Foreclosure Defense

Notwithstanding the firm's expertise in the area of foreclosure law, its attorneys recognize that in some cases, borrowers must consider other alternatives including the restructuring of debt through bankruptcy. With our multidisciplinary practice, HMD is able to provide its clients with all of the individualized, comprehensive and thoughtful guidance they deserve and require to make an informed decision that will best suit their individual needs. The firm's foreclosure related services include:

• Foreclosure litigation on behalf of property owners and lenders
• Negotiation of Loss Mitigation Alternatives, Including Mortgage Modifications, Mortgage Re-finance, Short Sales, Deeds in Lieu of Foreclosure and Forbearance Agreements
• Negotiations and litigation related to junior lien holder claims, including those of community associations, taxing authorities, and subordinate lenders
• Deficiency Litigation
• Appeals
• Post-Judgment Debt Collection
• Real Estate Closing and Title Services

* Deficiency Judgments

Unless otherwise agreed to by the bank through its attorney, a foreclosure, short sale or deed in lieu of foreclosure leaves the borrower financially obligated to the bank. This remaining debt is called a “deficiency” and banks may sue borrowers for the deficiency for several years after the completion of the foreclosure, short sale or deed in lieu of foreclosure. Holtz Mahshie DeCosta’s real estate litigation attorneys aggressively represent individual borrowers and guarantors in Fort Myers, Sanibel, Port Charlotte and the greater southwest Florida are in deficiency lawsuits.

- Commercial Litigation

We provide counsel and guidance on a full range of legal issues, including the setting up and structuring of operations and transactions to minimize litigation risks. As part of our initial evaluation, we assist our clients in determining whether alternative dispute resolution might be a more efficient tool to achieving our client’s objectives over traditional litigation in the judicial system. Once the initial strategy is determined, we take an aggressive approach to defending and prosecuting our client’s interests in a cost-effective manner.

- Construction

We are committed to providing full service counseling and representation on construction related matters and disputes at industry competitive pricing. We strive to provide strategic planning and advice for our clients and tailor our services to the needs of the client. Our clients include general contractors, subcontractors, and developers on projects of varied size and complexity. We provide counseling on matters from construction liens, contract negotiation, and dispute resolution. Should litigation be required, its attorneys have vast experience in aggressively litigating construction disputes.

- Bankruptcy

In the face of incessant calls from debt collectors, the threat of foreclosure or other legal action, your situation may seem overwhelming. Bankruptcy is not for everyone, but it is important to consult with a competent bankruptcy attorney to find out if it is an appropriate solution for you. We will evaluate your case and work with you towards a resolution of your debts that fits your individual needs. Should bankruptcy be your chosen avenue of relief, we will handle your Chapter 7 or 13 case to completion, at reasonable rates.

- Community Association

Through the course of its representation, the firm provides its community association clients with updates regarding changes in the statutory and regulatory schemes governing community associations, maintains accessibility for practical and cost efficient guidance on day to day issues, and communicates with clients on a timely and consistent basis. The firm strives to provide sound guidance aimed at avoiding unnecessary and costly litigation, but is at all times prepared to aggressively and zealously advocate our clients' position in litigation.

- Open Door ™ General Counsel Services

Holtz Mahshie DeCosta's Open Door ™ General Counsel Service provides our small to mid-size real estate and business clients with the immediately accessible legal support previously only available to large corporations or businesses with a full time in-house counsel. Our accessible and cost effective representation allows our clients to reduce their liability and focus their energy where it should be: achieving their business goals.

Partners

	Mr. Christopher J. DeCosta Attorney Asset Protection, Banking Law, Bankruptcy, Business Litigation, Civil Litigation		Mr. Jason W. Holtz Attorney Contracts, Foreclosure, Litigation, Real Estate
	Mr. Elias M. Mahshie Attorney Credit and Mortgage, Foreclosure, Landlord and Tenant Law, Real Estate