Mortgage Modifications Can be Helpful, but Not Every Homeowner Qualifies

December 3, 2021 by

Florida’s booming housing market does not mean that plenty of homeowners are not struggling to pay off their mortgages. Forbearance and other COVID-related programs have ended. The economy is still in a state of flux. For many Floridians, a modification to their mortgage loans is the best option. What is a Loan Modification? A mortgage loan modification is an adjustment to your existing mortgage. The modification is an agreement between the ...
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What is a ‘Cramdown’ in Bankruptcy, and How Can it Help?

November 23, 2021 by

The public has been conditioned to view “bankruptcy” as a frightening event. It destroys finances, destroys your credit, and causes families to lose everything they own. Bankruptcy is a big decision that should not be taken without a significant amount of thought and consideration, but it helps countless people get a fresh financial start.  Businesses have several types of bankruptcies to choose from, but individuals basically have two ...
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What Does ‘Undue Influence’ Actually Mean in the Context of Estate Planning?

November 15, 2021 by

When anyone leaves a Last Will and Testament, the chances are extremely high that their loved ones know what the document will say. After all, effective estate planning involves setting expectations for your heirs and beneficiaries.  On rare occasions, though, loved ones of the decedent are surprised at the terms of the Will. For instance, what made the testator change their mind about dividing the estate between the children and ...
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The Importance of Foreclosure Discovery for Florida Homeowners

October 25, 2021 by

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

October 15, 2021 by

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

September 18, 2021 by

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

September 10, 2021 by

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

August 23, 2021 by

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?

August 10, 2021 by

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

July 15, 2021 by

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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