Florida Elder Law & Estate Planning Blog


Joseph Karp Talks About Lawsuit and New Law Protecting Florida Homeowners

Attorney Joseph Karp was a driving force behind getting The Florida Attorney General to protect homeowners from the predatory practices of MV Realty PBC, LLC. He alerted the Attorney General when he learned his client had fallen victim to the company’s “Homeowner Benefit Program” which effectively offered homeowners a modest amount of cash for a 40-year lien on their property. The company has scammed an estimated 9,000 Florida homeowners and many more nationwide.

Attorney Karp has received recent media attention for his quick thinking:

 

Watch the CBS Channel 12 TV interview, September 25, 2023.

 

Read The Palm Beach Post story, September 21, 2023.

 

Background

Mr. Karp first became aware of the scam when assisting a client. He noticed that MV Realty had filed a Memorandum of MVR Homeowner Benefit in St. Lucie County in 2021, which was effectively a 40-year lien against her property. Attorney Karp swung into action, alerting the Florida Attorney General, which filed a lawsuit against the company. Read our blog post about his client and Mr. Karp’s actions here.

The Florida Legislature also swung into action, passing new statute 475.279. The law went into effect on July 1, 2023. The new law addresses “residential loan alternative agreements,” prohibiting anyone from using the agreement to place a lien on or otherwise encumber any residential real property, and prohibiting the courts from enforcing such liens.

The law states: A residential loan alternative agreement may not authorize a person to place a lien on or otherwise encumber any residential real property.  A residential loan alternative agreement may not constitute a lien, an encumbrance, or a security interest in the residential real property. A court may not enforce a residential loan alternative agreement by a lien or constructive trust in the residential real property or upon the proceeds of the disposition of the residential real property. Read the statute.  

In the most recent developments, in August 2023 the Attorney General filed a Motion for Temporary Injunction against MV Realty. Filed in the Circuit Court in Hillsborough County, the motion requests that the court invalidate all agreements between homeowners and MV Realty that were made before July 1, 2023 (the date Statute 475.279 became effective). It also requests that MV Realty’s assets be frozen and that the company reimburse the victims.  Read the motion.

MV Realty has denied the allegations. On September 22 the company filed for Chapter 11 bankruptcy.

 

If You Were Scammed by MV Realty

Since Mr. Karp’s interviews appeared in the newspaper and on television, our office has received numerous inquiries from homeowners who were victimized and want to know what they should do now. The answer:

  • If your agreement with MV Realty took place on July 1, 2023 or later, it is automatically terminated and the courts are prohibited from enforcing the lien against your home.
  • If it was signed prior to this date, you should contact the Florida Attorney General. The Attorney General can be reached at 1-866-966-7226 or emailed here.