Fort Lauderdale
754-332-2101
Boca Raton
561-832-8288
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Recent Blog Posts
What Is the Status of Florida Evictions and Foreclosures Due to COVID-19?
Since COVID-19 shut down the U.S. economy in March of 2020, the state and federal governments have been trying to pick up the pieces. The virus’s high rate of contagion forced businesses to close their doors and citizens to remain in their households. For some businesses, this meant working remotely for the time being, while others were hit especially hard and have had to make difficult decisions regarding layoffs, furloughs, and even closing their doors for good. Without a steady income, Americans everywhere have struggled to make ends meet, especially when it comes to paying costly rent and mortgage bills.
Flash-forward six months later and legislation is continuing to be made to avoid mass homelessness across the country. Florida has seen an exceedingly high number of positive cases and the state has closed and reopened a few times since March. With 623,471 positive cases and 11,331 deaths in Florida alone at the time of this writing, Governor DeSantis has recognized and addressed Floridians’ financial difficulties in the midst of the pandemic. Foreclosures and evictions are on the horizon for many Floridians, but Gov. DeSantis continues to put off the inevitable for many.
What Are the Risks of Working With a Debt Settlement Company?
When your credit card bills begin to build up and your pockets are feeling empty, you may be unsure of how to handle the situation. Debt can accumulate quickly, and without additional income coming in, you may not be able to pay off your debts by the date that your creditors are requesting. Filing for bankruptcy may be in the back of your mind, but you are likely considering your other options before fully making your decision. There are a number of bankruptcy alternatives, many of which do not fully solve your problems. Debt settlement companies are often considered by those who are deeply in debt and are avoiding filing for bankruptcy. While you may be avoiding bankruptcy, the risks of debt settlement companies are rarely worth taking.
What Is a Debt Settlement Company?
Debt settlement companies have the same goal as bankruptcy -- helping you rid yourself of insurmountable debt. However, these debt settlement programs are typically for-profit companies. The company or program will attempt to negotiate with your creditors to allow you to pay a “settlement” to resolve your debt. This settlement will typically be a lump sum payment that is less than the total amount that you owe. In order to build up this lump sum, the company will request that you set aside money each month into an account that holds your funds for paying off your debt. This savings account will eventually build up to the settlement that the company negotiated for you and you will pay off the debt with that saved money.
I Want to Buy a House in Florida: Where Do I Start?
Despite COVID-19’s impact on the U.S. economy, the housing market has not come to a stop. Since a high number of Floridians have lost their jobs or taken a pay cut in the last six months, many of these individuals are looking to downsize and reduce their mortgage payments. Additionally, some Floridians have begun to recognize the risks that large cities can pose on its inhabitants, choosing to move outside of these urban areas and avoid forced close quarters. And for those who refuse to let COVID-19 put their life on pause, there is no time like the present to start fresh. Regardless of the reasoning behind moving or deciding to purchase your first home, making such a large purchase can be exciting and intimidating. The home buying process involves much more than simply finding the right type of floors or cabinets. From finding a property to completing the closing process, working with a real estate attorney is your best way to be prepared every step of the way.
When Is Protesting Considered “Peaceful” in Florida?
In the midst of recent events and surges of support for the Black Lives Matter Movement (BLM), many political protests have surfaced, drawing thousands of people to one area to show their support for racial equality. As some peaceful protests evolve into violent ones, law enforcement officers are wielding their power against protestors, sometimes targeting peaceful protesters in the process. Before attending a protest and exercising your First Amendment rights, it is important to understand what falls under these legal protections to avoid getting involved in a legal matter or criminal case. If you find yourself facing charges, following the proper peaceful protesting guidelines will only strengthen your litigation or personal injury case.
What Rights Does the First Amendment Protect?
The First Amendment is the foundation of American democracy and represents the core values of the United States: freedom of speech. This critical legislation states:
If I File for Bankruptcy in Florida, Do I Lose All of My Assets?
Everyone’s biggest fear with filing for bankruptcy is losing everything -- your house, vehicles, savings, and more. What many do not know is that filing for bankruptcy does not mean that everything is taken away from you. There are a number of exemptions that Florida allows its residents to keep their assets even after filing for bankruptcy. In order to classify for such exemptions, you must be a Florida resident, not a recently relocated individual. You must have lived in Florida for the past two years to qualify, and if not, you will have to follow your previous state’s exemption requirements. Although it is always best to consult with a bankruptcy lawyer, you should be aware of possible exemptions available to you.
How Can Force Majeure Get Me Out of My Florida Contract?
COVID-19 has been labeled “unprecedented,” “a global pandemic,” and other phrases that designate the impact this contagious virus has had on our nation. With stay-at-home orders being created and extended, restaurants and bars being restricted, and many people losing their jobs as companies cut costs, it can seem impossible to follow through with some of your contractual obligations. Real estate is one of the areas taking the hardest hit—renters are struggling to pay their monthly fees and homeowners are having difficulties with their mortgage dues. Although moratoriums have been put in place, allowing some leeway with payment due dates, they will soon be coming to an end, leaving thousands of Floridians unsure of what to do next.
What Is “Force Majeure”?
How to Address Third-Party Beneficiaries in Your Business Contracts
Everyone has experienced a time when a lunch date with a friend has evolved into a group event after bumping into someone while out to eat. This “third wheel” can hang around much longer than expected and change your plans drastically. While this is a boiled-down analogy, third-party beneficiaries within business contracts can be a similar experience. Companies signing contracts may not realize the straggling, unintended parties that may appear later down the road. Whether you are a small start-up or a well-established company seeking new business ventures, it is critical to be detail-oriented when drafting a new contract or considering signing one. The legal jargon used in these contracts as well as the high volume of content can cause some businessmen and businesswomen to sign a contract without recognizing the third parties it may bring along with it.
Can My Florida Home Be Foreclosed in the Midst of COVID-19?
As COVID-19 continues to spread across the country, states have begun to make their own decisions regarding reopening after months of mandatory stay-at-home orders. Florida began its reopening process earlier than most and has seen a spike in its recorded cases. The state had its record high of cases on June 16, with 2,783 COVID-19 cases confirmed in a single day. With that state’s popularity as a vacation hotspot, some say that the reopening is happening sooner than it should. Florida may have begun to reopen its public spaces, but regulations remain in place to assist those struggling to pay their rent or mortgage to avoid a high number of evictions or foreclosures in the midst of a pandemic.
Financial Assistance
Governor Ron DeSantis signed the first housing executive order in early April, with an initial timeline of 45 days. According to the order, no mortgage foreclosure actions can be made for the time being. This also extends to renters who are late on rent payments. Landlords are unable to evict you from your apartment or house due to late payments during this time. However, the order strictly states that this cannot be construed as relieving homeowners or tenants from paying their mortgage or rent. Since the pandemic has lasted much longer than the 45 days allotted by Governor DeSantis, he has extended the order to last until July 1, 2020. Although the order may not completely relieve Floridians of their housing costs, it does allow them more time to earn and produce their mortgage costs or seek out additional help through loans or other means.
What Can I Do To Avoid My Belongings Being Repossessed in Florida?
Having your belongings taken from you is a frightening situation to imagine. If this occurs, it typically involves your most valuable assets, such as your home or car. Most people have heard the term foreclosure and understand that this means having your home taken away from you. What many may not realize is that any items you have purchased with the help of a loan can be repossessed by the lender if you fail to make payments. This can be a terrifying thought, especially if you rely on your car to get to and from work. Luckily, there are actions that you can take with the help of a skilled bankruptcy attorney to avoid such drastic measures.
How Does Repossession Work?
The term “repossession” refers to the lender reclaiming ownership over the object for which they have helped pay. This can include a house, vehicle, jewelry, furniture, or any other tangible asset that you may be in the process of paying off. Home foreclosures take a period of time and require a number of notices to be made to the owner before repossession can occur. However, vehicle repossession is not always so drawn out. Lenders are technically able to repossess items as soon as a payment is missed and do not need a court order to do so. This often involves a tow truck appearing on your driveway to take your car away. This is typically not the best option for lenders since the value of the car is less than what they would receive from you as you continue to make your payments. However, if you are delayed on multiple payments, it is not out of the question for your lender to seek payment in some form, even if that means repossessing the vehicle.
Should I File for Chapter 7 or Chapter 13 Bankruptcy in Florida?
Filing for bankruptcy is often the last thing that a person wants to do, which is why many people only consider bankruptcy if they feel they have no other options. Many people may falsely believe that filing for bankruptcy means handing over everything they have. Luckily, there are two types of bankruptcy which allow individuals to choose which one works best for them and avoid losing all of their assets to pay off their debts. Since filing for bankruptcy is often a last resort, you may not be educated on the topic. If you find yourself facing financial difficulty, it is important to understand which type of bankruptcy fits your unique situation.
Chapter 7 Bankruptcy
This type of bankruptcy is the more well-known of the two options. Also known as liquidation bankruptcy, Chapter 7 bankruptcy allows individuals to discharge or eliminate their outstanding debts after their bankruptcy trustee sells their property or assets to pay off as much of their debts as possible. Chapter 7 bankruptcy is typically only used by those who have little to no disposable income. In other words, if you do not have enough income left over after paying ongoing expenses to repay some or all of your debts, you should consider filing for Chapter 7 bankruptcy. The court will use a Chapter 7 means test to see if you are eligible to file for this form of bankruptcy, and if you qualify, you can report the income you earn and the assets you own. Non-exempt assets will be turned over to the bankruptcy trustee to be liquidated, but there are a variety of exemptions that will allow you to keep certain property, and once the bankruptcy process is complete, you will no longer be required to pay your debts. Filing for Chapter 7 bankruptcy should be done with the help of an experienced bankruptcy lawyer who can ensure that you report all income and assets properly and that your debts are fully discharged.
