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Seller Financing: Still an Option?

By John St. Lawrence, Esq, Legal Education Attorney, The Fund

The Consumer Financial Protection Bureau's (CFPB) Loan Originator Compensation Rule went into full effect in 2014 bringing a subset of small mortgage lenders under a previously unknown level of federal regulation.  As a result some types of private mortgage financing are now too risky or cumbersome for many to contemplate.  This is unfortunate since seller and private financing are very popular and legitimate financing sources for intra-family loans, underserved communities and rural or non-conforming properties.

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COUNTIES SERVED: Charlotte, Lee

CONTACT: Michael P. Lehnert, President
1715 Monroe Street
Fort Myers, FL 33902

Contact Southwest Florida REC

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Annual Dues - $125

Payable to: Southwest Florida REC
Mail to: Southwest Florida Real Estate Council
c/o Michael P. Lehnert, President
1715 Monroe Street
Fort Myers, FL 33902

 

LEADERSHIP


Michael P. Lehnert

Michael P. Lehnert

President

Henderson, Franklin, Starnes & Holt, P.A.

Michael is an Associate in the firm’s Real Estate division. He handles real estate matters, including homeowners’ and condominium association governing documents, commercial and residential sales and leases, development, and survey matters. Michael is admitted to practice in all Florida state courts.

Charles B. Capps

Charles B. Capps

President-Elect

Pavese Law Firm

Charles Capps joined Pavese Law Firm in 2008 and became a partner in the firm in 2014.

Sean M. Ellis

Sean M. Ellis

Immediate Past President

Roetzel & Andress, LPA

Sean focuses his practice on real estate law, including sales and leasing, purchases and development, association documents and plat review, and closing and title services.

Joseph M. Madden, Jr.

Joseph M. Madden, Jr.

Past President/Director

Madden Law Firm

Joseph M. Madden, Jr. was born in The Hague, Netherlands in 1964. Joe Madden and his family moved to Lee County in 1990.

Caleb Hinton

Caleb Hinton

Director

Henderson, Franklin, Starnes & Holt, P.A.

Caleb is an Associate in Henderson Franklin’s Real Estate division.

Roger Miller, III

Roger Miller, III

Director

Farr, Farr, Emerich, Hackett, Carr & Holmes, PA

Roger is Board Certified by The Florida Bar in Real Estate and focuses his legal practice on civil litigation and real estate.

CloseCaleb Hinton

Caleb Hinton

Director

Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
Fort Myers, FL 33902
Phone: 239-344-1125
Fax: 239-344-1432
Website: www.henlaw.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Caleb is an Associate in Henderson Franklin’s Real Estate division. He handles real estate matters, including homeowners’ and condominium association governing documents, commercial and residential sales and leases, contract preparation and review, commercial and residential development, seller financing, survey matters and border disputes.

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CloseRoger Miller, III

Roger Miller, III

Director

Farr, Farr, Emerich, Hackett, Carr & Holmes, PA
99 Nesbit Street
Punta Gorda, FL 33950
Phone: 941-639-1158
Fax: 941-639-0028
Website: www.farr.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Roger is Board Certified by The Florida Bar in Real Estate and focuses his legal practice on civil litigation and real estate.

Roger received his B.S., cum laude, from the University of Florida, Finance and Insurance in 1998 and Juris Doctor from the University of Florida Levin College of Law in 2001.

Roger represents individuals and businesses in general litigation matters, real estate and property disputes, mortgage foreclosures and construction litigation. Roger’s real estate practice consists of both residential and commercial real estate transactions. He counsels clients on contract preparation, commercial development and lending, and residential closings. AV® Preeminent™ Peer Review Rating, Martindale-Hubbell.

Roger was named to the list of Rising Stars in Florida Super Lawyers Magazine, 2010-2011.

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CloseMichael P. Lehnert

Michael P. Lehnert

President

Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
Fort Myers, FL 33902
Phone: 239-344-1148
Fax: 239-344-1506
Website: www.henlaw.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Michael is an Associate in the firm’s Real Estate division. He handles real estate matters, including homeowners’ and condominium association governing documents, commercial and residential sales and leases, development, and survey matters. Michael is admitted to practice in all Florida state courts.

While in law school, Michael joined the UF Environmental Moot Court Team, was inducted into Phi Delta Phi International Legal Honor Society, received three book awards, and graduated with an Environmental and Land Use Law Certificate.

Michael graduated from Bishop Verot High School in 2008 and currently resides in downtown Fort Myers. When not working, he enjoys cross-training, reading, and relaxing outdoors.

Professional and Civic Affiliations

Michael currently serves on the Board of Big Brothers Big Sisters of the Sun Coast and serves as President of the Southwest Florida Real Estate Council. He is also a member of the Real Estate Investment Society and the Young Lawyers Division of the Lee County Bar Association.

Close
CloseJoseph M. Madden, Jr.

Joseph M. Madden, Jr.

Past President/Director

Madden Law Firm
2277 Main Street
Fort Myers, FL 33901
Phone: 239-332-2100
Fax: 239-332-2150
Website: www.myfloridaattorney.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Joseph M. Madden, Jr. was born in The Hague, Netherlands in 1964. Joe Madden and his family moved to Lee County in 1990. He earned a B.A. in Political Science at the University of Florida in 1986 and J. D. from the University of Florida College of Law in 1989. Joe served as an Assistant County Attorney for Lee County, Florida, practiced law in private practice in Fort Myers, as well as serving as in-house counsel for a Fort Myers based land development company.

In addition to Joe’s legal experience, he has also served as CEO of an import company with national and international distribution. Joe Madden has also been involved in many other civic and professional activities, including serving on the Fort Myers Planning Board, being a member of the Lee County based Real Estate Investment Society, Little League Baseball and Lee County Bar Association.

Joe Madden was admitted to the Florida Bar in 1990 and is admitted to the U.S. District Court for the Middle District of Florida. His practice areas include Real Estate Transactional Matters, both commercial and residential, Land Use and Land Development Law and Local Government Law. Joe Madden is a member Attorney’s Title Insurance Fund, Inc.

Close
CloseSean M. Ellis

Sean M. Ellis

Immediate Past President

Roetzel & Andress, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
Phone: 239-337-3850
Fax: 239-337-0970
Website: www.ralaw.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Sean focuses his practice on real estate law, including sales and leasing, purchases and development, association documents and plat review, and closing and title services. In this regard his clients have included local and national residential and commercial real estate developers, high rise and mixed-use condominium developers, retail/commercial landlords and tenants, financial institutions, and government entities.

He also concentrates his practice on condominium and community association law, assisting both residential and commercial associations in all aspects of the operations, including collections, interpretation of governing documents and drafting amendments to documents, covenant enforcement, and compliance with Florida statutes and regulations. Sean was the first attorney in the Fort Myers area to receive the LEED AP designation from the U.S. Green Building Council.

Close
CloseCharles B. Capps

Charles B. Capps

President-Elect

Pavese Law Firm
1833 Hendry Street
Fort Myers, FL 33901
Phone: 239-336-6236
Fax: 239-332-2243
Website: www.paveselaw.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Charles Capps joined Pavese Law Firm in 2008 and became a partner in the firm in 2014.

Mr. Capps is a Board Certified Real Estate Lawyer primarily focusing his practice in the areas of Commercial and Residential Transactions; Title Insurance; Real Estate Development Law, Condominium and Homeowners’ Association Law and Banking and Finance.

Born in Melbourne Beach, Florida, Mr. Capps received his undergraduate degree in Business Administration with a concentration in Finance and Real Estate from the University of Florida. Mr. Capps then went on to obtain his law degree from the University of Florida Levin College of Law earning a certificate in environmental and land use law.

In 2015, Mr. Capps was selected as an “Up and Comer” by Florida Trend Magazine’s Legal Elite. He was also recognized by Florida Super Lawyers® magazine as one of the rising star attorneys in the state (2016). Each year, no more than 2.5 percent of lawyers in the state receive this honor.

He is a member of the Lee County Bar Association. During law school, he interned at the Conservation Clinic at the University of Florida Levin College of Law.

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