Your Questions, Answered By a florida attorney

We’ve taken our commonly asked questions by potential clients and put them in one place for you!

  • Yes, being served is not the end, it is the beginning of the legal process. Florida foreclosures proceed through the court system, which means you have the right to respond, raise defenses, and in many cases slow or stop the process entirely. Common defenses include improper service, standing issues, and errors in the loan documents. The earlier you act, the more options you have. If you have been served with a foreclosure complaint, contact Dunivan Law to discuss your situation before your response deadline passes.

  • If you are sued by a debt collector and do not respond within 20 days, the court will likely enter a default against you. Once that happens, the creditor can proceed to judgment and then seek to collect, which can include garnishing your wages, freeze your bank account, or placing a lien on your property, all without any further court hearing. A judgment is much harder to deal with than the underlying debt. If you have been served with a debt collection lawsuit, call us before your deadline runs.

  • The CFPB's residential PACE rule took effect March 1, 2026, and it now applies Truth in Lending Act protections to PACE loans, including ability-to-repay requirements and disclosure obligations. If your lender did not properly evaluate your ability to repay, or failed to provide required disclosures, you may have a legal claim. Florida homeowners with PACE loans tied to solar panels or home improvements should have their loan documents reviewed. Dunivan Law handles PACE loan disputes and can evaluate whether your lender violated the new rules.

  • Yes, and this surprises most homeowners. Under Florida law, an HOA or Condominium can foreclose on your home for unpaid assessments even if your mortgage is completely current. Its lien does not eliminate your mortgage, but it can force a sale and create serious title problems. Florida courts have consistently upheld HOA and Condominium foreclosure rights, and the process can move faster than a bank foreclosure. If your HOA or Condo has recorded a lien or threatened foreclosure, an attorney can often negotiate a resolution before it reaches that point.

  • Possibly, and it depends on what was promised, what was installed, and how the financing was structured. Florida's Deceptive and Unfair Trade Practices Act, known as FDUTPA, covers misrepresentations made during the sale of goods and services, including solar installations. If a salesperson overstated energy savings, misrepresented system output, or signed you up for financing you were not fully informed about, those are potential claims. Dunivan Law has handled solar installation disputes, including production shortfall analysis and lender liability, and can help you understand your options.

  • A cloud on title is any unresolved claim, lien, or defect in your property's ownership history that raises questions about whether you have clean, marketable title. Common examples include old mortgages that were never properly released, judgment liens, boundary disputes, and errors in prior deeds. A title cloud can delay or kill a closing, and buyers' title insurance companies will often refuse to insure a policy until it is cleared. A quiet title action is one way to resolve the issue through the courts. If your title search came back with a problem, contact Dunivan Law before it derails your transaction.