Real Estate, Business, & Commercial Litigation Law Firm in Southwest Florida
Other Offices: Punta Gorda (FL) Sanibel (FL)
Law Firm OverviewHoltz Mashie DeCosta, Attorneys at Law is a full-service business, real estate and commercial litigation law firm providing legal services to clients throughout southwest Florida from their office locations in Fort Myers, Punta Gorda, and Sanibel, FL.
The attorneys at Holtz Mashie DeCosta have assisted clients with matters such as residential and commercial foreclosure defense, short sale negotiations/closings, landlord-tenant law, construction law, professional liability defense, mortgage lender liability, condominium and community association law, and commercial and business litigation. Additionally, the firm handles all types of transactional services relating to the sale and transfer of real estate, personal property and businesses. The firm also assists clients with debt relief and bankruptcy services.
With a wealth of experience relating to commercial and real estate law, the attorneys at Holtz Mashie DeCosta take great pride in providing their clients with zealous litigation advocacy as well as sound legal counsel to both individuals and businesses looking to advance their commercial interests. Every case is handled with a great deal of attention to detail, and a tailor made approach to suit the needs of each individual case and client.
Areas of Law
Additional Areas of Law: Deficiency Judgments; Community Association; Open Door General Counsel Services; Contract Breaches; Non-compete, Non-solicitation Litigation; Chapter 7 Bankruptcy; Chapter 13 Bankruptcy.
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
• 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.
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.
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.
- Southwest Florida Real Estate Investment Society
- Lee County Bar Association
- Florida Bar Association
- New York Bar Association
Mr. Christopher J. DeCosta
Asset Protection, Banking Law, Bankruptcy, Business Litigation, Civil Litigation
Mr. Jason W. Holtz
Contracts, Foreclosure, Litigation, Real Estate
Mr. Elias M. Mahshie
Credit and Mortgage, Foreclosure, Landlord and Tenant Law, Real Estate
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