Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutExplanation of Creditors’ Claims under Florida Probate Law
If you are appointed a Florida Personal Representative to administer a deceased person’s estate, you may have to deal with creditors’ claims against the estate, which can be tricky. Your Florida probate attorney will know exactly how to handle a claim, including...
Florida Deficiency Judgments – What is Fair Market Value?
A deficiency in the Florida mortgage foreclosure setting is the difference between the value of a lien on real property (the amount due to fully satisfy a debt) and the price obtained by the creditor-mortgagee after foreclosing on the property. For example, if you owe...
Who is Liable for The Mortgage Deficiency? Heirs or the Estate?
A client contacted me the other day with a very interesting situation. His father was a citizen of Canada and maintained a winter home in South Florida. His father had named him on the deed to the property so that it would pass to him upon his father’s death. And...
Florida Probate – What Happens When the Original Will is Lost or Cannot Be Located
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...
Walking away from your Home Mortgage: Can You Do So Without Consequences?
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....
Renters’ Foreclosure – Know Your Rights
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...
Florida Deficiency Judgments: What is The Rest of the Story?
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...
Improper Florida Condominium Election: What Happen if There Are Missing Voting Certificates?
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...
Creditors’ Claims in a Florida Probate
As a Broward County probate attorney, I represent personal representatives (PRs) in the managing of their recently deceased loved ones’ (decedents) estates. My clients often approach me with concerns about bills/ notices they periodically receive for the decedents’...
Florida LLC vs. Florida S-Corporation: Which One Do You Chose?
If you’re a small business owner and you operate in your own capacity – in other words, as a “sole proprietorship” – you are personally liable for all of the debts and obligations of the business itself; if your business fails, you go under with it. But even if you’re...
