by Larry Tolchinsky | Florida Probate, Florida Wills
If a Testator was last seen in possession of his Will and, after his death, the Will cannot be found, Florida law presumes that the Testator destroyed it during his lifetime and thus “revoked” it. A proponent of the Florida Will, likely a beneficiary, may rebut this... by Larry Tolchinsky | Deficiency Judgments, Florida Foreclosures, Florida Real Estate
As the value of real estate is continuously depreciating, more and more people are resorting to “self-help” measures to get out of sky-high mortgages – except that such measures are not only harmful to their own interests, but are also further devastating the economy.... by Larry Tolchinsky | Florida Foreclosures, Florida Real Estate
As of late, it’s become quite common for renters to suffer the consequences of foreclosure. Many of my clients, for example, are renting homes from landlords who are being foreclosed upon. But a law passed by the Obama Administration in May 2009 may provide some... by Larry Tolchinsky | Deficiency Judgments, Florida Real Estate, Foreclosure Fraud, Wrongful Foreclosure
As a follow-up to my earlier post on deficiency judgments, I wanted to discuss some elements that I did not previously cover and which I have been asked by clients. A bank/lender that obtains a deficiency judgment, also known as a judgment creditor, has many avenues... by Larry Tolchinsky | Florida Condominium Law
On September 17, 2009, the Florida Department of Business and Professional Regulation – Division of Condominiums, Timeshares and Mobile Homes (“Arbitrator”) found in favor of petitioning condominium owners, who argued that their condominium association, the Hallmark...