For Florida homeowners who find themselves falling behind on mortgage payments, it may be time to act. As difficult as it may be, putting yourself in the driver’s seat of the situation may help you feel more in control rather than sinking back and hoping the debt will just go away. By turning to us […]

During pre-foreclosure, homeowners may have an opportunity to negotiate potential outcomes that reverse the default status of the loan. Many times, options open for discussion including issuing back-dated payments on the loan or negotiating a possible loan modification. A third option may also be to arrange a short sale and sell your house before the […]

When you buy a home, you do so with the intent of providing safety and stability for your family, but sometimes that stability is threatened. In difficult situations like that of a foreclosure, keeping your family safe and your rights protected can feel insurmountable. We’re here to tell you, it’s not impossible. You can fight […]

With any debt – be it credit card debt, mortgage debt, or other type of debt – the debt collector or lending institution must provide a validation letter that outlines in detail what the debt is, how much you owe, and other important information regarding the debt. The debt validation letter is an essential step […]

The most important thing to remember if you receive a Notice of Default from your mortgage lender in Florida is that there is always something you can do. Oftentimes, people feel helpless or trapped. That’s just not the case. While it can be overwhelming and frightening, it’s important to know you have a few key […]

Foreclosure is one of those topics that can be tempting to avoid even talking about because of all the emotions and anxiety that come with it. But for something as important as your home, however, it’s important to be well-versed on what foreclosure really means. By acting early and learning what you can about the […]

While the global economic impact of COVID-19 has been felt far and wide, it’s also being felt incredibly close to home, quite literally, for so many of us. Stress is high, and we don’t yet know when the pandemic will end or what that end might look like. One thing we do know, however, is […]

Insurance litigation can be a lengthy process, but the end goal of getting policyholders like you the outcome they deserve makes it an important action we often must take. At Silverberg|Brito, PLLC, the first phase we undertake with clients revolves around setting the foundation for potential litigation. It’s our time to fully understand what’s happened […]

Insurance is designed to protect us in many areas of our lives – our health, our homes, our vehicles, to name a few. By purchasing it, we enter into an agreement that if some unforeseen negative event were to happen, we would in turn be protected against future financial hardship. When you purchase an insurance […]

Homeownership marks an important financial milestone for many families, but as you know, buying a home is so much more than just a financial investment. Your home becomes the place where memories are made and family roots are planted. Before you close on your home, you will face a multitude of questions and have numerous […]

In the state of Florida, insurance is big business and policyholders have often been on the short end of the stick when it comes to having their rights protected by all three branches of government. After all, it’s usually one policyholder up against a team of attorneys working for the insurance company. More bad news […]

If only repairing property damage and settling your claim with your insurance company happened as quickly as the damage itself…Yes, if only. The unfortunate reality is that while damage can come on swiftly and forcefully, the subsequent clean-up and insurance claims process can take much longer. The good news, however, is that there are some […]

Property damage, no matter the scale, is disruptive and can add an immense amount of burden to property owners. Moreover, the process of dealing with an insurance claim is not something most homeowners do very frequently (we hope). The reality, however, is that we do live in storm-prone Florida, and with that comes a risk […]

Property damage is never fun. Getting the run-around from your insurance company following a disaster? Even worse. The challenge, however, is that sometimes you don’t even know that you’re being treated unfairly – and all by a company you’re paying to protect you! Below are some clues to be on the watch for, but before […]

Here in Florida, we just never know when it might be “go” time, which is why it’s essential to always be prepared. As hurricane season rolls in, there are some important steps we must take to best protect our property and those we love. As you consider your needs and responsibilities in terms of what […]

One of the most important documents to have as a homeowner is an updated home inventory, but, we get it, life happens, and oftentimes a home inventory is a priority many homeowners simply don’t get around to completing before a disaster strikes. (For tips on how to create one, check out our post here. It’s […]

Real estate transactions are notoriously complicated, so it’s no surprise that confusion and misinformation abound. In this third of our series on debunking common real estate myths, we take a closer look at the differences between a title company and a closing attorney, as they are not one in the same. To learn more about […]

If your claim has ever been denied by your insurance company, you know just the kind of sinking feeling that comes with such a letter. While there are many common ways insurance companies try to deny property insurance claims in Florida, the important thing to remember is that you still have options. At Silverberg|Brito, PLLC, […]

For many people, COVID-19 has forever changed the way they think about disasters. But for us in Florida, not everything about COVID-19 has been new, especially in terms of understanding the importance of preparation when it comes to fending off a life-threatening force with a mind of its own. Every hurricane season, we brace for […]

As Floridians, we have a lot on our minds right now. Everything about how we work, live, and play has drastically changed during these past several months due to the coronavirus pandemic, and many of those changes may likely be permanent. One thing, however, that hasn’t – and won’t – change for us here in […]

Purchasing real estate can be one of the most exciting purchases many people make, but it’s not without its fair share of stress, anxiety, and – naturally – expense. As you prepare to make such a large purchase, it’s imperative that you feel prepared. One big area many people fail to consider (or accurately consider) […]

Falling behind on your mortgage payments can lead to very serious legal consequences and the potential loss of your home, but just because you may face the prospect of foreclosure, it doesn’t mean you are without your rights. In fact, there are many steps in the Florida foreclosure process. Securing quality legal representation is the […]

The current economic crisis is unlike any other we’ve experienced. There are simply too many unknowns about how and when the economy will recover, how long people will be out of work, and what the future will hold in terms of how we interact with others going forward. Without question, these are trying times and […]

Buying real estate is an exciting time. Whether it’s a new home or commercial property, new possibilities await and with that comes optimism and opportunities. Buying real estate is also an extremely stressful time. There’s risk – financially and emotionally. And the pressure you are under is immense. With so much at stake and so […]

When you experience property damage, there’s so much more at stake than just getting your property fixed. There are financial concerns, emotional concerns, and other business and personal concerns that extend far beyond what caused the initial disruption in the first place. Getting things back to normal as quickly as possible is imperative to restoring […]

Across the globe, disaster planning has taken on a whole new meaning for many people, and while a viral pandemic like the coronavirus is certainly unique, we here in Florida have lived through other disasters and know what it’s like to have our daily lives completely upended by a force wholly out of our control. […]

With so many moving parts in any real estate transaction, it’s easy to see how myths and misconceptions about homeownership and the purchase process can begin to circulate among friends, family, and the internet. As real estate attorneys at Silverberg | Brito, PLLC, we’ve heard our share of them and wanted to dedicate a series […]

The coronavirus -so fast-moving and stealthy – has quickly made its way around the globe, and the resulting COVID-19 pandemic has put us all on edge. Not only is it posing very serious and life-threatening health risks, it has also forced many of our businesses to completely shut down. Restaurants, retail, and entertainment venues are […]

Among one of the hundreds of decisions you’ll have to make when buying a house is whether or not to buy title insurance. While every homeowner’s situation is different, we generally encourage our clients to consider making the relatively minimal investment in order to protect such a large financial purchase for the long haul (for […]

We hate to be the bearers of bad news, fellow Floridians, but whether we like it or not, hurricane season is fast approaching. And while there are a whole host of unknowns that come with storm season, one thing we know for certainty is that it pays to be prepared. Another thing we know? It’s […]

Most homeowners work with a real estate agent when buying or selling a home, but what about a real estate attorney? This is an area that can seem more ambiguous to some, but an attorney’s role couldn’t be more important to the success of a real estate transaction. If you have questions about what a […]

In most real estate transactions, there are generally three key players at the table: the buyer, the seller, and the lender. Each player has a stake in the transaction, and each should be doing what they can to protect their interests and assets throughout the process. The best way to do this? Ensure that you […]

Once you’ve found your dream home and chosen to move forward with the purchase, many steps have to take place on the road to closing day. Let’s walk through some of those important steps that happen during the real estate closing process in Florida. What happens at a real estate closing? During a real estate […]

All of the excitement, stress, and anxiety related to a real estate transaction culminates on one final day – closing. It’s the big day when final papers are signed (a lot of them!), checks are passed (big ones!), and you finally get the keys to your new kingdom. Closing on your Florida property signals more […]

Changes Due to Coronavirus The one constant in life is change. With that in mind, we wanted to take a moment to address Coronavirus (COVID-19). At Silverberg | Brito, PLLC we are taking the pandemic seriously. In order to do our part to stop its spread, and make sure our staff is able to continue […]

For most people, buying a home will be one of the biggest purchases of their lives. What’s more, aside from just the financial investment in the property, there can also be a significant emotional investment as well. Given such an investment, it goes without saying that property owners should do what they can to ensure […]

Like all types of insurance, title insurance is designed to offer you financial protection in the event that unforeseen problems arise with your property’s ownership history, which could result from errors in the titling records of your home or other past ownership issues. There are two types of title insurance policies – one that covers […]

Waiting to receive your insurance settlement can seem like it takes forever. We hear you loud and clear. And sadly, it can take far too long, as we’ve seen played out in claim after claim throughout the state of Florida. Our elected officials and the Florida Senate Insurance and Banking Committee knows it’s a problem, […]

Real estate transactions are not run-of-the-mill purchases for most people (and for those that they are, they likely have a full team of lawyers working round-the-clock for them). Purchasing real estate can be incredibly complex; involve numerous clauses, agreements, and sheer paperwork to read through (and understand!); expose problems you didn’t know you needed to […]

As a renter in Florida, you have to be more than just savvy. You must be attentive to every last detail, especially those that get spelled out in your lease agreement. After all, understanding what you will be responsible for and knowing when to hold your landlord accountable are important for protecting yourself if things […]

Spoiler alert: No (if the claim is less than five years old)! According to Florida Statute §95.11, the statute of limitations for property damage claims in Florida is typically five years. Here in Florida, homeowner’s insurance premiums are among the highest in the nation primarily due to our elevated risk for damage caused by natural […]

8In our Tenants’ Rights series on our blog, we’ve discussed numerous issues facing Florida renters and lessees. From understanding your security deposit to knowing what to do if you experience wind, water, mold or damage from some other disaster, the lines between who is responsible for what can often feel blurred if you don’t know your legal […]

It happened. You never thought it would, but disaster struck and now you’ve found yourself in a position that requires you to file a claim with your insurance company for your Florida home. Aside from the emotional shock you may be experiencing, a torrent of logistical questions are also likely floating around your head. First […]

If there’s one thing that’s sure to stir up conversation at the dinner table, it’s talk about the insurance claims process in Florida. It seems like no matter who you meet, we all have a story (or two, or three…) to share about an experience we’ve had with an insurance company. Very rarely do these […]

As a property owner, you need insurance coverage. There’s simply no way around it. So, you do your research, crunch the numbers, and try to find a reputable insurance company to offer you protection in the unfortunate event that something happens to your home. As you make the purchase, you consider it to be a […]

Considering the benefits of investing in a property in South Florida? It’s easy to see why. After all, there’s a reason it’s called the Sunshine State. While we’re naturally a little biased since we’re also proud to call Miami home, it’s evident that our communities and our state have a lot to offer in terms […]

Hiring a property insurance attorney may not be something you routinely think about doing. We hope that you may never need to, either. But living in Florida, chances are good that you just may find yourself experiencing property damage at some point or another, be it from a strong storm or other unforeseen devastation. If […]

You’re well into the term of your lease, and it happens: Your landlord sells his or her property and your residential or commercial building gets a new owner. Even if it doesn’t come as a surprise, you may still fear what kind of impact it could have on you. And while properties change hands for […]

At Silverberg | Brito, PLLC, we partner every single day with people just like you who are attempting to navigate an insurance claim. While every insurance claim and every insurance policy are different, there are some important similarities among them – chiefly, that you, as the policyholder, are entitled to a fair and just settlement. […]

Taking legal action against your insurance company is a big step – one that comes with a certain amount of uncertainty and risk no matter the case. So it’s no surprise that many of our clients across Florida feel apprehensive about the process and have a lot of questions about what to expect during litigation. […]

When disaster strikes, you need to call in the clean-up crew…fast! But, like all services you use, you’ll want to first spend some time researching your options to make sure the company you hire will do a thorough and professional job. Damage of any kind, but specifically water damage, needs to be handled swiftly and […]

After experiencing a devastating loss to your Florida property – whether it be from fire, flooding, wind, vandalism, or other damage – it can feel overwhelming to know where to even begin trying to piece together your life and property. Not only do emotions tend to run high during times like these, navigating the insurance […]

We buy homeowners insurance to protect ourselves against damage and loss resulting from misfortune. We expect that if and when there’s a time we need to call upon our insurance company for help, we expect we’ll be treated fairly and compensated appropriately for the damages incurred. Yes, we hope for this; unfortunately, this rarely happens. […]

In the many stages of insurance litigation, mediation generally happens before trial. The judge often orders mediation to be held before heading to a trial. Alternatively, the parties can agree to mediate earlier without a court order. What is Mediation? Mediation is led by a neutral third-party (the mediator) who works with the disputing parties […]

Insurance litigation can be a lengthy process. While we do our best to keep things moving forward, each step takes time, especially when we find ourselves waiting on the opposition. But what we’ve found to be most helpful for our clients is educating them on what to expect and keeping them informed of our progress every […]

Working in insurance litigation, we can’t stress to our clients enough the importance of creating (and regularly updating) an inventory of your home and possessions. While it’s easy to think you’ll remember everything you have in your house and be able to write it all down if something truly does happen, that’s not always the […]

Over the past decade across Florida, we have seen skyrocketing property insurance rates. According to the insurance companies, this is in large part due to litigation initiated by some restoration and mitigation companies utilizing the Assignment of Benefits (AOB) clause in insurance contracts. What insurance companies claim was happening with Assignment of Benefits Ill-intentioned contractors […]

When you choose to rent or lease a property, you’re making the choice to enter into a contractual obligation with a landlord. Every contract will have its differences, but a big part of nearly every renter’s agreement is the security deposit. While not required by law (though there are laws to govern its application, specifically […]

Whether you’ve potentially experienced bad faith by your insurance company or you simply want legal guidance on your side from day one when you file a property insurance claim in Florida, there are many factors you should weigh as you look for an experienced and reputable attorney to help you find justice. More than anything, […]

For most of our Florida clients, entering into insurance litigation feels like entering into uncharted territory. It’s intimidating, daunting, and completely unknown. At Silverberg | Brito, PLLC, we understand this wholeheartedly, which is why it’s our priority to make sure our clients feel understood and informed throughout the entire process. If you filed a claim […]

When clients come to us with questions about insurance litigation, one that always rises to the top is, “How long will it take?” This is an understandably big concern. We know how challenging it can be to wait in limbo and remain uneasy about your case against your insurance company.   While the answer truly […]

When renting or leasing a space, you, as the tenant, as well as your landlord each maintain certain rights and responsibilities. Many of these are spelled out in the lease agreement, but not all of them may be. Before signing any kind of lease, it’s important to carefully read the full terms and ask questions […]

As a property owner, you take pride in the home and life you’ve built, and you want to protect your property as best as you can.  One action you take is insuring your property so that you’re covered in the event of a disaster. As a hard-working Floridian, it only makes sense that you want […]

While we’re accustomed to heeding warnings leading up to a hurricane and most of us do our part to protect our property and families before and during a storm by checking off the items on our hurricane checklist and packing our emergency hurricane go-bag, it can be easy to let the importance of taking safety precautions […]

Whether you’re new to Florida or have been living in the greater Miami area for most or all of your lives like we have, you know the kind of life-threatening damage a major storm can inflict. While there’s no stopping the winds and rains, we can do our part to ensure that our homes are […]

In this second of our series on tenants’ rights, we dive into the topic of mold in your rented or leased space. (Missed our first post in the series on tenants’ rights? Check out what to know about wind and water damage. As discussed, a tenant is entitled to certain rights including being provided a […]

Throughout Florida, we’re no strangers to extreme weather events that can wreak havoc on our properties and cause serious devastation in our lives (P.S. – Are you prepared for this year’s storm season? Check out our hurricane checklist and start taking action today.). But it’s not just weather events that may prompt us to file […]

Here’s the short answer: There’s no claim too big or too small to qualify for an insurance case. Now let’s walk through the longer answer in a bit more detail. When you experience damage to your property – no matter the size – it causes more than just an inconvenience. Whether it’s your home or […]

If you’re renting or leasing a space, you’re entitled to certain tenant rights including being provided a safe and suitable living space that is sheltered from wind, water, and other elements. But as a tenant, it can sometimes feel unclear as to who is responsible for taking care of certain repairs and damage, especially those […]

The real estate market in South Florida is booming, and for us Miamians, it’s not surprising to see why. With plenty of sunshine, beaches, and endless opportunities for entertainment and culture, buying a home in any of our great communities is a no-brainer. But buying a house is not all sunshine and roses. There are […]

As Miamians, if there’s one thing we know with certainty, it’s that there will be a storm season. It’s never an “if” or even a “when.” It’s a “how big will it be” state of mind that we’ve come to expect as summer rolls around each year. And while we can’t stop the winds and […]

Spoiler alert: insurance litigation doesn’t cost you a dime. When you purchase property insurance, you do so with the understanding that the terms set forth in the policy agreement will be followed through in the event of an unforeseen disaster. And many insurance companies do act in good faith to handle claims fully and in [...]

We all hear in Miami and Miami-Dade County about Hurricane Irma. We are preparing for what to do in Miami when Hurricane Irma comes. First, make sure you have your supplies. Make sure to protect your valuables and take pictures of your insurance documents. Put your treasures in ziploc and waterproof containers. Take pictures and [...]

Recently, managing partner, Steven Silverberg, Esq. was published in the St. Thomas Law Review! Steven worked tirelessly on his paper regarding the option to repair. He credits his family and friends for all their input in helping him to get published on the issue of the Option to Repair for the State of Florida. The […]

I recently went to Tallahassee to meet with the Miami-Dade delegation and some lobbying groups. What I found was going on there is fascinating. First, the Miami-Dade delegation is in extremely powerful seats including the second most powerful, which is Carlos Trujillo, as chair of the appropriations committee. He is the chair of the committee […]

The quick and dirty answer is protect your property from further damage because of Hurricane Matthew. This may be done by calling a restoration company, putting a bucket under anything leaking, putting a tarp over your roof, and of course cleaning up any standing water. Make sure you document the damages by taking pictures and […]

At Silverberg|Brito, PLLC not only do we focus on our clients but we are keeping track of the insurance industry as a whole. As many may know, recently, Heritage P&C requested a rate hike of approximately 14.9% throughout the State of Florida. After receiving intense public scrutiny, Heritage relinquished and did not raise rates. However, […]

As this is my first blog, I will assume no one has seen the recent policy changes that Citizens Property Insurance Corporation has just approved to their 2016 policy to curtail water damage claim costs. Some of the highlights are limiting coverage for emergency services and temporary repairs to an amount between $2,500 and $5,000 [...]