Florida Estate Planning Lawyer Blog

St. Johns County Foreclosure Lawyer: Foreclosure Defense Attorney

2009-11-22T15:12:03Z

If you own a home, subject to a Foreclosure in St. Johns county, you should contact a Florida Foreclosure Lawyer to discuss your rights.

St. Johns county is made up of the following citites.
Crescent Beach, Fort Matanzas, Fruit Cove, Hastings, Marineland, Palm Valley, Ponte Vedra, Ponte Vedra Beach, St. Augustine (County Seat), St. Augustine Beach, Switzerland, Vilano Beach.

A Florida Foreclosure Lawyer can file a response to a St. Johns County Foreclosure to stop the proceeding or find errors and evidence of things the bank, bank servicer, mortgage company or others have done wrong in conjunction with your loan.

Many times loans have been destroyed or lost and there many be no real party in interest that is able to sue you. It is important to answer your Foreclosure suit correctly and alleged the proper defenses and counter claims so that you can have a favorable settlement. If you would like to discuss your options, you should contact a Florida Foreclosure Lawyer as soon as possible.

Jacksonville Loan Modification Leads to Florida Foreclosure for Many.

2009-11-22T15:04:09Z

To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in the first place. Where will you be then? If you have already entered into a modification of your mortgage, take a close look at what you “really” agreed to.

In October 2009, Josh Fuhrman, a representative of the Home ownership Preservation Foundation spoke at a town hall meeting and asked homeowners to be “patient” about the slow pace of loan modifications. It is common knowledge that only a very small percentage (about 12%) of people who qualify for relief actually get approved for a loan modification. Should the other 88% just sit tight while lenders foreclose on their homes? Seem fair? Remember, most likely, YOU ARE IN THE MAJORITY 88%!

Did the bank loose your paperwork or as you to resubmit it every 30 days. Homeowners are under a false sense of security thinking they are safe from foreclosure and do not seek other remedies. Homeowners are using their common sense of fairness thinking that the lender will not proceed with the foreclosure. THIS IS NOT TRUE.

Many lenders do not close foreclosure proceedings even if they offer you a loan modification. If you are in the middle of a loan modification, expect a foreclosure, or are being foreclosed for a Florida property that you live in or rent, contact a Florida Foreclosure Lawyer to discuss your rights or review your proposed loan modification,

Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

2009-11-18T19:21:17Z

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications.

Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments.

If you are participating or trying to achieve a Florida Loan Modification, you should be gathering information on violations of the laws by the people you are speaking to. Please contact a Florida Foreclosure Lawyer to request information on how to log these violations. These violations of the laws can be compensated and can help to offset your mortgage amount.

Jacksonville Florida Probate and Foreclosure Defense

2009-11-18T16:54:42Z

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent's home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and preserve the assets of the estate.

If you are considering a Florida Foreclosure Defense you will need to do a Formal Administration of the Probate so that a Florida Personal Representative can be appointed to defend the Florida Foreclosure and pursue counterclaims on behalf of the decedent's estate or beneficiaries.

Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?

2009-11-18T16:36:21Z

As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California.
Florida law requires that the lenders and mortgage companies seek a court judgment that allows for the foreclosure. This type of foreclosure is a Judicial Foreclosure. Over 20 states have non-judicial foreclosures and do not have the formal process. A Judicial foreclosure state, like Florida, is good for consumers because it provides a structure to file counterclaims and asset other defenses for Truth in lending violations or violations of the Fair debt Collections Act.

In other states, clients have a difficult time in asserting defenses. If you have been trying to work on a Loan Modification and have not been successful, you should contact a Jacksonville Foreclosure Lawyers to discuss things that can be done to prepare for foreclosure and to keep track of violations that could create monetary damages that you may be entitled to.

Duval County Florida Foreclosures

2009-11-05T21:20:51Z

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55,000 foreclosures in Florida this month Duval County Ranked number 7 in the state.

Jacksonville had 2299
Jacksonville Beach had 64
Atlantic Beach had 45
Neptune Beach had 12

This year there have been more than 484,000 foreclosures filed in Florida and only 68,000 of those homes have been sold.

If you are facing foreclosure on your home or business, please contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers for a free consultation.

Jacksonville Foreclosure Defense Lawyer Information

2009-11-05T14:58:12Z

Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop.

The Program will include

* Federal and State laws that Govern Mortgage Origination
* Understanding Loan Documents, Origination, and Closing Process
* Servicing Problems and Post Origination Issues
* Common Law / State Law Causes of Action and Affirmative Defenses for Foreclosure Cases
* Drafting Discovery and Foreclosure Motion Practice
* Ethical Discussions / Consideration in Foreclosure Practice.

For More information on attending this seminar, you should contact Christa Figgins at 224-1545

If you are being faced with a Jacksonville Foreclosure or a Florida Foreclosure you should contact a Florida Foreclosure Lawyer to discuss your options and rights.

Floirda Foreclosure: Working with Mortgage Company on Loan Modification

2009-11-05T14:22:51Z

Florida Foreclosure and Loan Modification Question
I’ve been served with a complaint for foreclosure, but I have been working with my mortgage company on a loan modification, do I really need to respond?

Response
It is important to respond to any complaint timely to preserve your rights. The Summons you were served, together with the Notice of Lis Pendens and Complaint require some sort of response to be file with the Court. Your failure to respond will result in a Default being entered against you. You should talk with a Florida Foreclosure Lawyer before responding to the Court. it is important that you do not waive any potential defenses, and time is of the essence in filing your answer.

Florida Foreclosure: Mortgage Default

2009-11-04T21:35:54Z

Mortgage Default Letters. We are often asked what should you do once you receive a letter that states you are in default of your mortgage.

If you have received a Notice of Default you can send a debt verification letter to the entity you are making payments to. You can also send a Qualified Written Request “QWR” and obtain valuable information about your loan.

Pursuant to The Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e), your mortgage company is required to acknowledge your request and must respond timely.

Remember it never to early to talk to a Florida Foreclosure Lawyer about how to protect your home or other property from foreclosure.

Is a Will Contest Clause in Florida Valid? How about a Trust?

2009-11-04T13:31:04Z

Will Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute.

Given that a No Contest Clause in a Will is invalid in a Florida Probate case, should they be used in Florida? If your will is contested and the end result under the state statute may be the same, it may provide any benefit to include the no contest language.

Today people move quite often and may have assets in other states that do recognize Will Contest clauses. Given that one of these situations may enable a no contest clause to be enforced, it might be a good idea to include them in your Florida Estate Planning Documents.

Under the Florida Trust Code a Florida Revocable Trust is not able to have a contest clause, unless the right to revoke the trust terminated prior to October 1, 1993.

While its not possible to have a no contest clause in a Florida Revocable Trust, Florida does allow a trust to specify the laws of another state to be used in interpreting and administering the trust. So in effect, by drafting your trust correctly, you can have a no contest clause.

There are several ways to accomplish the desired results from a no contest clause in a will or trust. To discuss your specific issues and how one might benefit you, contact a Florida Estate Planning Lawyer or Jacksonville Estate Planning Lawyer

When Does a Florida Foreclosure Begin?

2009-11-03T03:18:35Z

A Florida foreclosure can start anytime after the borrower defaults on the mortgage term. Most lenders will start the Florida Foreclosure process when payments are 3-4 months past due. If you do not defend your foreclosure, you can lose your home within 150 days after the Florida Foreclosure lawsuit is file.

If you are expecting your home to be foreclosed upon in Florida or have already been sued for Foreclosure contact a Florida Foreclosure Defense Lawyer to discuss your rights.

Clearwater Probate Lawyer Information

2009-10-30T22:01:34Z

St. Clearwater Probate court is located in Pinellas County. Clearwater does not have any unusual probate fees.

The Pinellas County Courthouse is located at:
     315 Court Street
     Clearwater, Fl 33756
     Tel: (727) 464-3267.

The Pinellas News is the official newspaper used for publications and notice to creditors.
    Telephone: (727) 894-2441
    Website: http://www.pinellas-news.com/
    Probate Publication Cost: $225

If you need help filing a Clearwater Probate or are a creditor or beneficiary of a Clearwater probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.

Information last updated 10-30-09

Florida Asset Protection and Fraudulent Transfers

2009-10-29T19:01:45Z

Under the Uniform Fraudulent Transfers Act (UFTA) whether a transfer is considered fraudulent boils down to two basic issues.

1) Actual Intent 2) Insolvency and Transfer for less than full value

The intent of the transfer is whether it was done to avoid payment or reach of a potential creditor that existed at the time the transfer took place. It is possible to have an intent other than to avoid the creditor's reach that is not fraudulent. Often people want to transfer assets to others for little or not value, this is a problem because of the second issue.

Generally there is a 4 year look back on transfers under the UFTA. A well prepared Florida Estate Planning can deal with many of the issues involved with Florida Asset Protection to help protect you and your families future.

Florida Asset Protection: Protecting Against Outside Creditors

2009-10-28T18:51:28Z

Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. Outside creditors are those creditors whose claims arise the business entity and are then assert4ed against the business, real estate, or asset.

It is possible to protect against Outside debts or creditors by using a business entity like a:

Limited Liability Company

Note corporations to not protect assets against Outside Creditors.

Remember its not enough to protect against outside creditors alone, you must also protect against inside creditors. When reviewing your Florida Estate Planning you should look to protect from inside and outside creditors with a Florida Estate Planning Lawyer and a Florida Asset Protection Lawyer .

Florida Asset Protection: Protecting Against Inside Creditors

2009-10-28T18:32:04Z

Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. An inside creditor is a creditor whose claim is directed against the business or real estate that is owned and operated within a business entity.

It is possible to protect against inside debts or creditors by using a business entity like a:

C Corporation
S Corporation
Limited Liability Company

Remember its not enough to protect against inside creditors alone, you must also protect against outside creditors also. When reviewing your Florida Estate Planning you should look to protect from inside and outside creditors with a Florida Estate Planning Lawyer and a Florida Asset Protection Lawyer .