Practice area
Real Estate & Foreclosure Defense
Florida real estate counsel for purchases, sales, contract review, and foreclosure defense from David H. Walkowiak, Board Certified in Real Estate Law by The Florida Bar.
For most Floridians, a home is the single largest investment they will ever make. When something goes wrong with that investment, the stakes compound quickly. DHW Law has been handling Florida real estate matters for 25 years, with David Walkowiak’s Board Certification in Real Estate Law by The Florida Bar shaping the approach. This is the practice area the firm was built around.
Buying or selling property in Florida
Every transaction is an accumulation of details that can go wrong. We draft and review purchase and sale contracts, order and review title searches, coordinate inspections, review loan documents, and handle closing for both buyers and sellers. For for-sale-by-owner transactions, we represent one side or the other, never both, and make sure the contract protects the client who hired us.
Foreclosure defense: the first 20 days matter
Florida is a judicial-foreclosure state, which means the lender must file a lawsuit and give you an opportunity to respond. You have 20 days from the date you are served to file your response with the court. Missing that deadline exposes you to a default judgment and makes every subsequent option harder.
When homeowners call us after a foreclosure complaint, we review the loan documents, the service of process, the notice of default, and the assignment chain before we decide on strategy. Available options depend on the facts, but typically include:
- Loan modification. A renegotiation of the loan terms with the lender.
- Forbearance. A temporary pause in payments.
- Short sale. Sale of the property for less than the loan balance, with lender approval.
- Reinstatement. Paying the arrears and returning the loan to current status.
- Raising defenses. Standing, notice, accounting, and procedural defenses that can change the outcome of the lawsuit itself.
Not every option fits every situation. The right answer depends on your income, your equity, the lender’s posture, and the stage of the litigation. That determination is the first conversation we have.
Real estate litigation and disputes
Beyond transactions and foreclosure defense, we handle quiet title actions, boundary disputes, HOA and condominium matters, landlord-tenant litigation, and real estate contract disputes. When a case needs to go to trial, we try it. When mediation is the better tool, David’s Supreme Court certified mediator credential often lets us resolve the dispute without a courtroom.
What we handle
Services in this practice area
- Purchase & sale contracts
- Title review & closing coordination
- For-sale-by-owner representation
- Foreclosure defense
- Loan modification & forbearance
- Short-sale negotiation
- Landlord-tenant disputes
- HOA & condominium matters
- Quiet title & boundary disputes
- Real estate litigation
How it works
The process, step by step
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Initial review
In the first meeting we read through your contract, notice, or summons with you, explain where you actually stand, and tell you what it would take to get from here to a resolution.
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Strategy
For a transaction, that means drafting and negotiating. For a foreclosure, it means a response filed before the 20-day deadline and the right defense raised early.
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Execution
We handle title search, lender coordination, and closing. In litigation, we move the case forward rather than letting it sit.
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Follow-through
We stay reachable after closing or resolution. Real estate problems have a habit of coming back, and we're the firm you already know when they do.
Common questions
What clients ask us first
I just got served with a foreclosure. How long do I have?
Twenty days from the date you were served to file your response with the court. Missing the deadline risks a default judgment, which is far harder to undo than to prevent. Call us the same day you're served if you can.
What options do I have if I can't pay my mortgage?
Depending on the facts, options include loan modification, forbearance, a short sale, refinancing, or raising defenses to the foreclosure itself. Not every option fits every situation, and some are time-sensitive.
Do I need a real estate attorney for a standard purchase?
Florida lets title companies handle closings, but a real estate attorney catches problems a title company isn't paid to catch. Contract terms, disclosure issues, inspection results, and title defects can cost you years later. A house is the single largest investment most people ever make.
What does "Board Certified in Real Estate Law" actually mean?
The Florida Bar Board Certification is awarded after written examination, peer review, and documented trial and transactional experience. Approximately 2% of Florida attorneys hold any board certification. David H. Walkowiak holds it in real estate law.
Related practice areas
Work we often handle together
Let's talk.
Schedule a consultation by phone, video, or in person, or call the office directly.