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!

  • We offer six fee arrangements to fit different cases and budgets. Depending on your situation, you may pay a flat fee covering representation through a specific stage, a retainer drawn down as work is performed, or or a flat fee that converts to hourly billing if your case becomes contested. We offer a variety of options to fit most budgets.

  • 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.

  • It depends on how they're contacting you and whether you've told them to stop. Federal law under the FDCPA and Florida law under the FTSA both limit when and how debt collectors can call or text you, and contacting you after a written cease request is a violation. Unsolicited automated or prerecorded calls and texts carry statutory damages of up to $500 per call under Florida law, and you do not have to prove actual harm to recover. If you are being harassed by a debt collector, document every contact with dates and numbers and call us.

  • When a foreclosure sale produces more than what was owed on the judgment, the surplus belongs to the former homeowner, not the lender. Florida law requires the clerk of court to hold those funds, but they do not automatically come to you — you have to file a claim. There are deadlines, and the process involves a court filing and sometimes a hearing. Be cautious of third-party surplus recovery companies that charge large contingency fees for work an attorney can handle more cost-effectively. If your property was sold at auction and you believe there may be surplus funds, contact Dunivan Law to find out what you're owed.

  • Not until you understand what the problem is and who is responsible for fixing it. Title defects range from minor clerical errors that can be resolved quickly to serious issues like unreleased liens, competing ownership claims, or gaps in the chain of title that could affect your ownership rights after closing. Your contract likely requires the seller to deliver marketable title, which means many defects are the seller's problem to cure, not yours to accept. Closing with a known title defect can create expensive legal problems down the road. If your title search flagged something, contact Dunivan Law before you sign anything at the closing table.

  • A construction lien is a serious matter because it attaches to your property and can cloud your title, delay a sale, and in some cases lead to a forced sale if not addressed. That said, Florida's construction lien law has strict requirements that contractors must follow, and a lien that was filed improperly or without proper preliminary notice can be challenged and removed. You also have the right to contest the amount claimed if the work was not completed or was defective.

  • Act immediately. Real estate wire fraud moves fast and so do the funds. The first step is to call your bank within hours and request a recall of the wire — there is a narrow window where recovery is possible before the money is moved again. Simultaneously, file a complaint with the FBI's Internet Crime Complaint Center at ic3.gov and notify your title company and real estate agent, as their errors and omissions insurance may be relevant depending on how the fraud occurred. Florida has seen a significant increase in closing wire fraud, often involving spoofed emails impersonating title companies or attorneys. If you have been a victim, contact Dunivan Law to evaluate your legal options against any parties who may share liability.

  • A variance leaves your zoning classification in place and grants an exception to a specific dimensional or use standard for your property. A rezoning changes the classification itself, which affects what uses are permitted on the land going forward. Variances are decided by a board of adjustment or similar quasi-judicial body. Rezonings go before the local planning commission and, ultimately, the city council or county commission — a legislative process that involves broader policy considerations and is harder to predict. If your goal is to build something the code does not currently allow as a use, you likely need a rezoning or a special use permit, not a variance. We assess which path applies before you spend time and money on the wrong application.

  • A nonconforming use is a use or structure that was lawfully established under prior zoning rules but no longer complies with the current code. Florida law and most local ordinances allow these uses to continue, but the protection is not unlimited. If the use is abandoned, substantially changed, or damaged beyond a certain threshold, you can lose the right to continue it. Property owners and investors with nonconforming uses need to understand what triggers loss of status and how to document continuity. If your nonconforming use has been challenged by a municipality or a neighbor, or if you are considering a purchase that involves one, the time to get legal advice is before something forces the issue.

  • Sometimes. An "as-is" clause limits implied warranty claims but does not shield a seller from fraud, FDUTPA violations, or odometer violations. Florida courts have repeatedly held that a disclaimer cannot erase an affirmative misrepresentation or a material omission the seller had a duty to disclose. You may need a lawyer to pick the right cause of action, but "as-is" is rarely the end of the road.

  • Yes, but the claims are different. A private seller is not in "trade or commerce" the way a dealer is, which can limit FDUTPA. Common-law fraud, breach of contract, and the federal and Florida odometer laws all still apply. Private-seller cases often come down to what was in writing — text messages, Craigslist or Facebook Marketplace listings, and the bill of sale.

  • FDUTPA is the Florida Deceptive and Unfair Trade Practices Act. It prohibits unfair or deceptive acts in trade or commerce and gives consumers a private right of action with attorney's fees available to the prevailing party. For car buyers, FDUTPA is often the strongest claim because it does not require proving the same elements as common-law fraud, and the fee-shifting provision makes the case economically viable.

  • Depending on the statute, actual damages, rescission of the deal, treble damages or $10,000 minimum under the federal odometer law, statutory damages, punitive damages in appropriate fraud cases, and attorney's fees and costs under FDUTPA, Magnuson-Moss, and the odometer statute. Many cases settle for a combination: the dealer takes the car back, pays off the loan, refunds the down payment, and covers fees.