The Importance of Foreclosure Discovery for Florida Homeowners

Through a few instances of bad luck, the dream of homeownership can quickly turn into the nightmare of foreclosure for Floridians. The economy and housing market have been volatile for 18 months, and the eviction moratorium has been lifted. If you have been served with a foreclosure notice and you know you can’t pay, there are still plenty of opportunities to fight. After You Have Filed an Answer and Affirmative Defense Once you have been ...
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An Annulment is NOT the Same Things As a Divorce

Most spouses who are thinking of getting a divorce have also heard of the term annulment. Plenty of people believe that a divorce (called a dissolution of marriage in Florida) and annulment are synonymous. Simply put, that’s not the case.  It’s true that both legal procedures end with two unmarried individuals, but fundamental legal differences exist:  A divorce is the legal process of ending a marriage so that two spouses become ...
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4 Advantages of Forming an LLC

The limited liability company (LLC) business structure has a rich history in the Sunshine State. After the first LLC was formed in 1977 in Wyoming, Florida was one of the early adopters. Still, in many respects, the LLC is a fairly new business structure. There are plenty of advantages for entrepreneurs who use this legal structure, which we explain below.  LLCs offer protection for an owner’s personal assets. The “limited liability” ...
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How to Find a Good Trustee in Florida

Trusts, once thought to be estate planning documents only for the rich and famous, are being used by estate planners of all stripes and net worths. This legal arrangement transfers ownership of certain assets from an individual to the trust itself, which allows families to avoid probate (among other benefits).  The important people involved in a trust are the grantor (creator of the trust), beneficiary, and trustee. The trustee distributes the ...
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Common Reasons for Wrongful Termination Suits in Florida

Florida, like most states, is an at-will state. This means employers may terminate a worker’s employment at any time, for any reason, with or without cause, and for any reason. Many states have certain exceptions for at-will employment, but Florida is among the handful of states that do not have any exceptions—except for wrongful terminations recognized by law.  Title VII Discrimination The federal Civil Rights Act of 1964 extended ...
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Why is Title Insurance Important, and What Does it Cover?

After saving money for years and scoping out the real estate market, you’ve found your dream house. The exterior is lovely, and the interior checks all your boxes. As long as the bones are good, you’re ready to buy the house yesterday.  Unfortunately, during the closing process, you’re confronted with an expense you weren’t expecting—title insurance. You’re already handing over a bunch of cash for your down payment. What’s the point of ...
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Transferring Property Outside of Probate in Florida

While probate is far from the worst-case scenario heirs and beneficiaries of a decedent may encounter, the vast majority of estate planning is conducted to minimize the time an estate spends in probate, make the process more efficient, or avoid it altogether. Probate is the legal process by which a decedent’s estate (most assets and property) gets distributed to heirs. Final debts, taxes, and other loose ends are also tied up.  For many estate ...
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Ray Garcia, Esq. Recognized as Florida Legal Elite 

        Ray Garcia, Esq. Recognized as Florida Legal Elite  ST. PETERSBURG, FL – Ray Garcia, Esq., Law Office Of Ray Garcia, P.A. and Florida Construction Law Group, Miami, Florida, was recently recognized in the 2021 edition of Florida Trend’s Florida Legal Elite™. The list of 1,263 honorees represents just over 1% of the active Florida Bar members, including attorneys in private practice as well as top ...
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Will I Have to Pay Alimony Forever in Florida?

Generally, no. Judges are often hesitant to order paying spouses to pay alimony (sometimes called “spousal maintenance”) to their ex-spouse permanently. The main purpose of alimony is to give former spouses some level of security until they become self-sufficient. However, as we’ll cover below, there are exceptions to this rule. After you gain a better understanding of the four types of Florida alimony, you should get a better idea of the chances ...
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When Are Landlords Responsible for Repairs and Improvements to Florida Rental Properties?

To begin with, Florida law does not zero in on specific repairs that must be completed by landlords. Determining whether you, as a landlord, need to fix a specific issue in one of your units involves Florida’s Warranty of Habitability. Essentially, the warranty ensures that tenants have somewhere safe to live that contains no threats to their wellbeing and safety. The state’s Landlord-Tenant Act establishes this implied warranty.  The Florida ...
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