tag:blogger.com,1999:blog-13466954466693536962023-11-16T06:24:23.676-05:00Broward County LawyersSackrin and Tolchinsky, P.A., experienced attorneys serving Broward County residents and all of South Florida.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-1346695446669353696.post-79351304041705070092013-06-06T15:03:00.000-04:002013-06-06T15:55:22.666-04:00Slander, Libel: Defamation Claims Rising With Social Media - Things You Need to Know about Slander and Libel Claims<b>. </b><br />
<b>Slander</b> and <b>libel</b> are two sides of the same coin. Slander happens when someone says something. Libel happens when someone writes (publishes) something.
And that "something" said or written hurts another person's reputation.<br />
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<a href="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0e/Scale_of_justice_2.svg/200px-Scale_of_justice_2.svg.png" imageanchor="1"><img border="0" height="200" src="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0e/Scale_of_justice_2.svg/200px-Scale_of_justice_2.svg.png" width="195" /></a></div>
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<b><i>Defamation isn't a crime -- but libel or slander can form the basis of a lawsuit.</i> </b></div>
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It's not a crime in the United States to say or write something that hurts another person. That's because of the free speech protections of the United States Constitution. That doesn't mean hurting someone with words is not without consequence. The person who has been hurt can file a lawsuit under state or federal "defamation" laws.<br />
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Together, slander and libel make up the civil action of "<b>defamation</b>" which is the basis of a lawsuit for personal damages.
The Florida Supreme Court has recognized the explanation of defamation given in the Restatement (Second) of Torts 558B, 580A-580B which explains:<br />
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<blockquote>
Defamation has the following five elements: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least negligently on a matter concerning a private person; (4) actual damages; and (5) statement must be defamatory. See Restatement (Second) of Torts §§ 558B, 580A-580B.</blockquote>
<blockquote class="tr_bq">
<a href="http://scholar.google.com/scholar_case?case=187583228716190638&q=defamation+defined&hl=en&as_sdt=4,168" target="_blank">Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1106 (Fla. 2008). </a></blockquote>
<b><i> Social Media Statements Mean More Defamation Lawsuits </i></b><br />
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Statements made in a podcast or YouTube video (slander if said) or written (libel) in a Tweet on Twitter or a statement posted on Facebook, Google+, or any blog comment or review site are more and more often becoming the basis of defamation lawsuits across the country.<br />
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People are suing for social media defamatory statements and asking for money damages from the person who said or wrote the statements in question. Lots of money. <br />
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<i><b>Detailed Information on Slander, Libel, and Defamation - South Florida Injury Accident Blog</b></i><br />
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This is a growing concern for many people, and for those in South Florida who are concerned about social media statements and the harm they may cause, we have begun a series of informative posts <a href="http://browardcountylawyers.blogspot.com/2013/06/new-source-of-south-florida-accident.html" target="_blank">on our new injury accident blog </a>that gives details about social media slander and libel concerns. <br />
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<i>For more information, please check out: </i><br />
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<ul>
<li><a href="http://southfloridainjuryaccidentblog.com/2013/05/02/can-you-sue-for-a-bad-review-sure-libel-slander-and-defamation-lawsuits-for-negative-reviews/" target="_blank">Can You Sue for a Bad Review? Sure. Libel, Slander, and Defamation Lawsuits for Negative Reviews</a> </li>
<li><a href="http://southfloridainjuryaccidentblog.com/2013/05/07/florida-defamation-lawsuits-defenses-to-libel-and-slander-claims-seeking-defamation-damages-under-florida-law/" target="_blank">Florida Defamation Lawsuits: Defenses to Libel and Slander Claims Seeking Defamation Damages Under Florida Law </a></li>
<li><a href="http://southfloridainjuryaccidentblog.com/2013/05/14/can-you-be-sued-for-an-anonymous-review-yes-will-they-win-maybe-maybe-not/" target="_blank">Can You Be Sued for an Anonymous Review? Yes. Will They Win? Maybe, Maybe Not. </a></li>
<li><a href="http://southfloridainjuryaccidentblog.com/2013/05/24/florida-anti-slapp-act-libel-and-slander-lawsuit-defense-provided-by-state-law-to-people-sued-for-defamation/" target="_blank">Florida Anti-SLAPP Act: Libel and Slander Lawsuit Defense Provided by State Law to People Sued for Defamation </a></li>
<li><a href="http://southfloridainjuryaccidentblog.com/2013/05/30/will-an-insurance-policy-cover-damages-for-libel-or-slander-defamation-claims-are-personal-injury-claims-that-may-not-be-covered-by-standard-coverage-policy/" target="_blank">Will An Insurance Policy Cover Damages for Libel or Slander? Defamation Claims are Personal Injury Claims That May Not Be Covered By Standard Coverage Policy </a>
</li>
</ul>
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<br />Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-3345494287909227472013-06-06T14:20:00.001-04:002017-12-12T17:19:42.778-05:00New Source of South Florida Accident and Injury Info: South Florida Injury Accident Blog<br />
<a href="http://www.hallandalelaw.com/" target="_blank">Our Hallandale law firm</a> began publishing a new blog in May 2013 dedicated to issues surrounding car accidents and personal injuries, including <a href="http://southfloridainjuryaccidentblog.com/2014/10/13/sliptrip-and-falls-in-florida/">slip and falls claims</a>, in Florida. <br />
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We'd love for you to visit and share any suggestions or comments you may have on how to make this blog helpful to South Floridians and those visiting our beautiful community!<br />
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<div style="text-align: center;">
<a href="http://southfloridainjuryaccidentblog.com/" target="_blank"><img border="0" height="65" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgm9_wtBwKDy-oqNnjxYCJL_-b3wgutAeZl9lP6XL0EGf5I2pYTSLC8A8ylJRykMv68jNhlZlkEmbXt02rPry2nZeGjATElE6tPKtOkkVggWm8ZYq4gJ-vVOF4Dfed-EsJbS7u-bBTSHLoG/s320/Banner+for+Stats+Index+Page.jpg" width="320" /></a></div>
<br />Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-92072226292830682472012-08-30T20:07:00.001-04:002012-08-30T20:07:55.300-04:00Broward County: The Foreclosure Fraud War Isn't Over, No Matter What Sweet Words Are Being Whispered In the News These Days<br />
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Wow, there's a lot of stuff in the news right now about the Florida economy, have you noticed? There are all sorts of statistics being thrown out there and all sorts of talking head conversations about how housing may be -- or is, really and truly -- coming back. Houses are being built again, houses are being sold again, <a href="http://aboutfloridalaw.com/category/florida-foreclosures/" target="_blank">Canadians are coming to Miami and buying lots of condos!</a><br />
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<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://upload.wikimedia.org/wikipedia/commons/f/f2/Wizard_Hat_Icon.png" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="200" src="http://upload.wikimedia.org/wikipedia/commons/f/f2/Wizard_Hat_Icon.png" width="200" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Image Source: Wikimedia Commons</td></tr>
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This is all very nice. Read these stories, though, and it's as if some magic wand has been waved over South Florida and everything suddenly changed. <br />
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<em>Wouldn't that be nice?</em> <br />
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However, the hard reality is that we are in a tough time and it's not going to go away as fast as anyone would like for it to do. At least, that's the viewpoint of those practicing foreclosure defense law in Florida these days. <br />
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<em>Will it get better? Eventually, sure.</em> <br />
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For anyone who is thinking about his or her pending foreclosure here in Florida - particularly in Broward County - things are pretty complicated right now. <br />
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Same is true for those in Broward or the surrounding area that are underwater on their homes or condos, or that are trying to negotiate a short sale of their home.<br />
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It's the smart Florida home owner that investigates the situation and plans for the future as if they were strategizing on a battlefield... because, well, they are. The <a href="http://aboutfloridalaw.com/category/florida-foreclosures/" target="_blank">Foreclosure Fraud War</a> isn't over, folks.<br />
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<a href="http://aboutfloridalaw.com/2012/08/30/florida-housing-recovery-forecasts-and-the-florida-home-owner-the-need-to-be-savvy-and-smart-with-underwater-mortgages-or-foreclosure-defenses-is-very-important-in-2012/" target="_blank">For details, check out today's post over at AboutFloridaLaw, it's filled with links and law stuff.</a><br />
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Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-7056438051789022502012-08-21T14:53:00.001-04:002012-08-21T14:53:55.644-04:00Sharpie Party in South Florida: Vandalizing Foreclosure Homes in Broward County May Be Sweet Revenge But It's Also a Serious Crime<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://upload.wikimedia.org/wikipedia/commons/3/3c/Graffiti_Here_Please.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="150" src="http://upload.wikimedia.org/wikipedia/commons/3/3c/Graffiti_Here_Please.jpg" width="200" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;"> Photo by <a href="http://commons.wikimedia.org/wiki/File:Graffiti_Here_Please.jpg" target="_blank">Amusafija</a> May 2009</td></tr>
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Seems that there is a movie which has risen to cult status among teens in the United States today - it's called <a href="http://www.imdb.com/title/tt1636826/" target="_blank">Project X</a> - and the crux of the movie is a party which gets very, very out of control. Funny stuff happens. Teen angst, teen love, teen drinking, you get the idea.<br />
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American Graffiti for the 21st Century, maybe.<br />
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Problem is that in parts of the country, these big parties, where thousands of guests appear after being invited on Twitter or Facebook, aren't just kids gone wild anymore. Nope.<br />
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Now, it seems, Project X parties -- called Sharpie Parties because guests are greeted at the door with a highlighter -- are being used as a way to take revenge on banks who have foreclosed on homes. That's right: vandalism as a message.<br />
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Except any Florida homeowner, no matter how understandable his rage and anger, is committing a crime by organizing a Sharpie Party at his foreclosure address. And yes, this can include felony charges.<br />
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<a href="http://aboutfloridalaw.com/2012/08/16/sharpie-parties-vandalizing-foreclosed-homes-is-not-the-best-revenge-against-the-bank-who-is-foreclosing-no-matter-how-fun-and-tempting-a-highlighter-party-may-be/" target="_blank">For details, please read all about these new Revenge Parties on Banks in our post on About Florida Law. </a><br />
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<br />Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-17501952473601879432012-08-14T15:29:00.000-04:002012-08-14T15:29:20.380-04:00Are Citizens Home Insurance Premium Hikes Becoming a Financial Disaster of Hurricane Proportions for Florida? Scary but True. <table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://upload.wikimedia.org/wikipedia/commons/a/ac/Hurricane_andrew_fema_13657.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="400" src="http://upload.wikimedia.org/wikipedia/commons/a/ac/Hurricane_andrew_fema_13657.jpg" width="265" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Hurricane Andrew hits Miami: FEMA image</td></tr>
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Right now, <a href="http://en.wikipedia.org/wiki/Citizens_Property_Insurance_Corporation" target="_blank">Citizens</a> is a government run, non profit insurance company that pretty much provides home insurance coverage for all of South Florida. After <a href="http://en.wikipedia.org/wiki/Hurricane_Andrew" target="_blank">Hurricane Andrew</a> hit Miami (see that FEMA photo to the right, most of the area looked a lot like that), many insurance companies pulled out of Florida.<br />
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Their argument? Insurance companies are for-profit concerns and hurricanes like Andrew could, and would, bankrupt them. So, they pulled up their skirts and ran far away.<br />
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Citizens filled that gap, and many were (and are) grateful. Problem is, Citizens is pulling lots of stuff now that means insurance premiums are skyrocketing. People are seeing their annual premiums almost double.<br />
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This hurts you, me, almost everyone. How and why? <a href="http://aboutfloridalaw.com/2012/08/14/home-insurance-on-florida-homes-skyrocketing-cost-citizens-increasing-premiums-impacts-both-florida-home-owners-and-florida-renters-as-well-as-almost-everyone-else/" target="_blank">Read the details over at AboutFloridaLaw including what people are doing about this, and what your options are</a>. Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-62939078437745621452012-08-07T14:26:00.001-04:002012-08-07T14:26:43.599-04:00Florida Bank Slapped by Florida Appeals Court: No Evidence of Fair Market Value Means Bank's Deficiency Judgment Nixed<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://www.publicdomainpictures.net/pictures/20000/nahled/in-west-palm-beach.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="133" src="http://www.publicdomainpictures.net/pictures/20000/nahled/in-west-palm-beach.jpg" width="200" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;"><a href="http://www.publicdomainpictures.net/pictures/20000/velka/in-west-palm-beach.jpg" target="_blank">Florida Condos: Public Domain Image</a></td></tr>
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For those of you who aren't big fans of Florida banks who foreclose on people's homes, here is a good story for you....<div>
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The Second District Court of Appeal in Florida tossed out the huge deficiency judgment that Liberty Bank had on some condos recently, in a big way. </div>
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<i>Apparently the bank didn't bother to get appraisals of the condos at the time of the foreclosure sale, they just figured that the appraisals they had that were six months old at the time were good enough.</i></div>
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The appellate judges agreed with the condo owners that nope, those January appraisals weren't good enough to use to calculate fair market value of the property in the following June, and sent the whole thing back to the trial court for more number crunching.</div>
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Liberty Bank, by the way, foreclosed on 9 condos. Liberty Bank bought all of them at the foreclosure sale for $800,100 (that's less than $100K per condo). Then Liberty Bank got a deficiency judgment of approximately $2.7 million after selling off 7 of the 9 condos after the foreclosure. </div>
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Anyone else interested to see what amount the new appraisals value these condos?</div>
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<a href="http://aboutfloridalaw.com/2012/08/07/florida-deficiency-judgment-overturned-by-florida-court-bank-loses-deficiency-because-fails-to-provide-valid-evidence-of-fair-market-value/" target="_blank">For all the details on this case, including the link to the opinion, read About Florida Law's post today.</a></div>
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</div>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-15786374060163574232012-07-19T11:00:00.000-04:002012-07-19T11:00:05.034-04:00Deficiency Amount on Short Sale Will Be Taxed as Income Beginning January 1, 2013 Absent Congress Acting. What Does This Mean to You and Your Broward County Short Sale?<div class="separator" style="clear: both; text-align: center;">
<a href="http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/Mcol_money_bag.svg/102px-Mcol_money_bag.svg.png" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="200" src="http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/Mcol_money_bag.svg/102px-Mcol_money_bag.svg.png" width="170" /></a></div>
<i>.</i><br />
<i>The Taxman Cometh ...</i>. Broward County along with the rest of Florida seems to make the news on a regular basis <a href="http://weblogs.sun-sentinel.com/business/realestate/housekeys/blog/2012/07/realtytrac_foreclosures_up_in.html" target="_blank">with the latest stats and numbers on foreclosures</a> (we have a lot) and short sales (ditto). Lots of Florida home owners and condo owners are dealing with some really tight money situations and they're having to make hard calls on what to do about their mortgages. <br />
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Especially if they are really, really underwater. Even more so if the bank is threatening foreclosure or has already started the foreclosure process. It's tough out there. <br />
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Heck, <a href="http://www.miamiherald.com/2012/07/12/2892496/broward-commissioner-chip-lamarca.html" target="_blank">even the Broward County Commissioner, Chip LaMarca, is facing losing his home to foreclosure</a>. <br />
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So, it's difficult but necessary to throw more wood on this fire right now. Why? Broward County real estate owners need to know this. <i>Every Florida home owner who is thinking about short selling their home needs to be aware of a big, fat deadline just six months down the road.</i><br />
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Here it is. <b>December 31, 2012.</b> <br />
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If you don't have a closed short sale by midnight on New Year's Eve of this year, then any deficiency on the sale of your home is going to be counted as income. You will be expected to pay income tax on the amount of the deficiency - that's because the tax exemption is expiring by its own terms at the end of this year.<br />
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Unless Congress does something between now and then.<br />
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So, get moving. Act fast. Short selling your home just got lots more important, right?<br />
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For more, <a href="http://aboutfloridalaw.com/2012/01/26/five-things-to-know-about-the-income-tax-break-for-short-sales-foreclosures-and-loan-modifications-that-ends-december-2012/">read our posts over at About Florida Law with all the details and the links.</a> <br />
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Image: Wikimedia Commons public image.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-49406804178755419002012-07-17T14:30:00.002-04:002013-12-18T08:50:43.989-05:00Broward County Closing Costs - Who Pays? Maybe Not You.<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://upload.wikimedia.org/wikipedia/commons/9/9c/Fort_Lauderdale_Skyline.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="150" src="http://upload.wikimedia.org/wikipedia/commons/9/9c/Fort_Lauderdale_Skyline.jpg" width="200" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">View of Fort Lauderdale Condos</td></tr>
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With the Florida real estate market being tight and getting tighter across the country, looks like banks may be thinking about new ways to get deals done - like paying for closing costs in home loans.<br />
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Whether or not the lender offers to pay closing costs and then just ups the mortgage interest rate, well that's another matter. And just one more reason to have a Florida closing attorney by your side at the closing table (and before, when all the bickering about what goes into the closing documents gets ironed out).<br />
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<b>My point: maybe the bank will pay your closing costs if you're buying a home or condo in Florida, particularly here in Broward County. It's worth negotiating. </b><br />
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<a href="http://aboutfloridalaw.com/2012/07/17/florida-closing-costs-what-they-are-and-will-the-bank-pay-them-in-your-florida-home-loan-closing-maybe/">For more details, read my post here at AboutFloridaLaw (and the links provided).</a><br />
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And to do a quick calculation of what your closing costs may be, check out this <a href="http://browardlegaldirectory.com/broward-county-closing-costs">estimate of Broward County closing costs on BrowardLegalDirectory.com</a>.<br />
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<i>Image: Wikimedia Commons, Public Domain </i>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-19896004075479313472010-10-01T22:28:00.006-04:002010-10-03T23:58:57.847-04:00Florida Foreclosures - Foreclosure Documents May Entitle Homeowners to CompensationThe foreclosure mess keeps growing. By now, most people are beginning to hear how banks, including JP Morgan Chase, Bank of America and GMAC, are suspending foreclosures because of defects in paperwork filed with the Courts. Affidavits were filed in the foreclosure cases where the party signing the document stated that they had personal knowledge of the information contained in the document. Of course, it turns out, that probably wasn't true. Foreclosure defense lawyers are asserting that the filing of those documents is a fraud on the Court. The result is that homeowner's that lost their homes to the bank in foreclosures may be entitled to compensation. Additionally, this problems is impacting the title insurance industry. Title agents are being told to not issue title insurance on property owned and being sold by a bank. I have read several articles on the topic which you can read below.<br /><br /><ul><li><a href="http://aboutfloridalaw.com/2010/10/01/banks-foreclosures-fraud-homeowners-may-be-entitled-to-compensation/">Bank foreclosures-Fraud on the Courts-Homeowners may be entitled to compensation</a></li><li><a href="http://blogs.trb.com/business/columnists/brackey/blog/2010/10/real_estate_closings_reportedl.html">Closings may be halted, title insurance in doubt</a></li><li><a href="http://www.bloomberg.com/news/2010-10-01/foreclosure-errors-cloud-homeownership-with-millions-of-blighted-titles-.html">Foreclosure Errors Cloud Home ownership with Blighted Titles</a></li></ul><br /><span>If you would like more information about this topic, you can post a comment to this blog, contact me, Larry Tolchinsky, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Foreclosure Defense Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation and I promise to get back to you promptly.</span>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-92044841537303730302010-04-16T13:22:00.004-04:002010-04-16T17:02:45.604-04:00Foreclosure Defenses - Goldman Sachs May HelpI just wrote an <a href="http://aboutfloridalaw.com/2010/04/16/charges-against-goldman-sachs-can-help-foreclosure-defenses-on-main-street/">article</a> about how charges against Goldman Sachs can help foreclosure defenses on main street. Any way that I can help to get the message out that there is help for those facing foreclosure I'm willing to do, even at the expense of Goldman Sachs. As they say, something good can come from something bad. Hopefully, that will happen here.<br /><br /><span xmlns="">If you would like more information about this topic, you can post a comment to this blog, contact me, Larry Tolchinsky, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Foreclosure Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation.</span>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-32398037558601390752010-03-25T14:42:00.002-04:002010-03-25T14:44:49.292-04:00Condominium Investors - Beware of Associations Facing Busted Budgets - Fire Safety Takes a Backseat<span xmlns=""><p>By now, we are all well aware of the detrimental effects the downturn in Florida's economy has had on the housing market: Rapidly decreasing property values and swiftly increasing foreclosure proceedings.<br /></p><p>A residual effect of the economic downturn can be seen in the number of condominium associations that foregoing necessary safety upgrades to their buildings, simply because they cannot afford the upgrades. A recent article in the Sun Sentinel, entitled "<a href="http://www.sun-sentinel.com/business/realestate/condos/fl-sprinklers-condocol-0324-20100322,0,2445213.column">Can Florida Condominium Associations Afford Fire Safety Upgrades?</a>" (March 23, 2010) expounds on this phenomenon that forces condominium associations to install upgrades (for many, this would lead to insolvency) or continue to live in buildings with out-of-compliance fire safety systems.<br /></p><p>Legislators are hearing the pleas from condominium associations, and in response, a bill has been proposed which extends the time period for condominium's to reach compliance by five years; Instead of facing fines for noncompliance by 2014, the bill proposes to extend the deadline to 2019, or, in some cases, to eliminate the deadline completely.<br /></p><p>Individuals investing in condominiums should investigate whether the building is in compliance with fire safety regulations, determine when the building is scheduled for its next upgrade, and if the association has enough reserves to pay for an upgrade. Otherwise, they may face an assessment to pay for the work which can eat into or eliminate investment returns. Condominium investors should closely watch the legislature as the recent bill begins negotiations. <br /></p><p>If you would like more information about this topic, you can post a comment to this blog, contact me, Larry Tolchinsky, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Real Estate Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation.</p></span>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-14566139358748457312010-03-02T11:46:00.003-05:002010-03-02T11:51:49.840-05:00Foreclosure Defense and Budget Friendly Fee Arrangements<span xmlns=""><p>We are trying to do our part to share an important message with the public regarding foreclosures: In many instances mortgage foreclosure plaintiffs are unable to legally prove ownership of the mortgage they are suing on. This issue is giving rise to a <a href="http://aboutfloridalaw.com/2010/03/01/foreclosure-defenses-are-stopping-mortgage-foreclosures/">foreclosure defense</a> that the Plaintiff in the foreclosure lawsuit lacks the authority to enforce the mortgage. The result is that homeowners are living in their homes without paying their mortgage until the Courts determine if these mortgages are enforceable. We have been dealing with this issue a lot in our office. However, most people we speak with are concerned that they cannot pay an attorney since they are already facing difficult financial circumstances. In response to our client concerns, we have designed a fee structure that is designed to fit within most budgets. So, don't let the fear of attorney fees stand in the way of learning your legal rights. A qualified foreclosure attorney can help.<br /></p><p>If you would like more information about this topic, you can post a comment to this blog, contact me, Larry Tolchinsky, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Real Estate Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation. </p></span>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-70801929155865760352010-02-20T20:20:00.005-05:002011-02-04T08:12:21.635-05:00Mortgage Foreclosure and Deficiency Judgment Articles and Blog Posts<span xmlns="">I was reviewing the articles and pages of content we have written regarding the mortgage foreclosure mess and deficiency judgments. Below is a small sample of some of the more interesting topics we have written about:<br />
<br />
<u><b>Mortgage Foreclosure</b></u>:<br />
</span><br />
<ul><li><a href="http://aboutfloridalaw.com/2010/10/18/homeowners-not-to-blame-for-the-foreclosure-mess/" title="Homeowners Are Not to Blame for the Foreclosure Mess">Homeowners Are Not to Blame for the Foreclosure Mess</a></li>
<li><a href="http://www.hallandalelaw.com/six-stages-of-foreclosure">The Six Stages of Foreclosure</a></li>
<li><a href="http://www.hallandalelaw.com/florida-mortgage-foreclosure">Foreclosure Defense - An Overview</a></li>
<li><a href="http://www.hallandalelaw.com/wrongful-foreclosure">Wrongful Foreclosure - Seeking Compensation</a></li>
<li><a href="http://aboutfloridalaw.com/2010/10/15/lender-fraud-opens-doors-for-claim-wrongful-foreclosure/" title="Suspected Lender Fraud Opens Doors for Homeowners Who Have Lost Their Homes to Claim Wrongful Foreclosure">Suspected Lender Fraud Opens Doors for Homeowners Who Have Lost Their Homes to Claim Wrongful Foreclosure</a></li>
<li><a href="http://aboutfloridalaw.com/2010/04/16/charges-against-goldman-sachs-can-help-foreclosure-defenses-on-main-street/" title="Charges against Goldman Sachs can Help Foreclosure Defenses on Main Street">Charges against Goldman Sachs can Help Foreclosure Defenses on Main Street</a></li>
<li><a href="http://aboutfloridalaw.com/2010/04/15/lenders-beware-foreclosure-lawsuits-are-going-to-trial/" title="Lenders Beware – Foreclosure Lawsuits are Going to Trial!">Lenders Beware – Foreclosure Lawsuits are Going to Trial!</a></li>
<li> <a href="http://www.hallandalelaw.com/short-sale-counseling">Short sale Counseling</a></li>
<li><a href="http://www.hallandalelaw.com/foreclosure-title-insurance">Foreclosure Title Insurance</a></li>
<li><a href="http://www.hallandalelaw.com/condominium-foreclosure">Condominium Foreclosure</a></li>
<li> <a href="http://www.hallandalelaw.com/loan-modification">Mortgage Loan Modifications - An Overview</a></li>
<li><a href="http://aboutfloridalaw.com/2010/03/01/foreclosure-defenses-are-stopping-mortgage-foreclosures/">Foreclosure Defenses are stopping Mortgage Foreclosures </a></li>
<li><a href="http://aboutfloridalaw.com/2009/10/28/renters%e2%80%99-foreclosure-know-your-rights/" title="Renters’ Foreclosure – Know Your Rights">Renters’ Foreclosure – Know Your Rights</a></li>
<li><a href="http://aboutfloridalaw.com/2009/06/26/florida-foreclosures-%e2%80%93-dwayne-wade-of-the-miami-heat-to-the-rescue/" title="Florida Foreclosures – Dwyane Wade of the Miami Heat to the Rescue">Florida Foreclosures – Dwyane Wade of the Miami Heat to the Rescue</a></li>
<li><a href="http://browardcountylawyers.blogspot.com/2010/01/are-big-banks-committing-short-sale.html">Are Big Banks Committing Short Sale Fraud?</a> </li>
</ul><span xmlns=""> <u><b> </b></u></span><br />
<span xmlns=""><u><b>Deficiency Judgments</b></u>:<br />
</span><br />
<ul><li><a href="http://aboutfloridalaw.com/2011/02/02/what-is-hafa-what-are-the-feb-2011-hafa-changes-and-how-can-hafa-help-you-if-youre-facing-foreclosure-deficiency-judgment-relief/">What is HAFA? - Can HAFA Help? - Deficiency Judgment Relief</a></li>
<li><a href="http://www.hallandalelaw.com/deficiency-judgment-counseling">Deficiency Judgment Counseling - An Overview</a> </li>
<li><a href="http://aboutfloridalaw.com/2010/03/23/garnishing-wages-after-foreclosure-deficiency-judgment/" title="Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?">Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?</a></li>
<li><a href="http://aboutfloridalaw.com/2010/02/09/prime-borrowers-in-florida-are-most-at-risk-for-a-deficiency-judgment/" title="Prime Borrowers in Florida are most at risk for a Deficiency Judgment">Prime Borrowers in Florida are most at risk for a Deficiency Judgment</a></li>
<li><a href="http://aboutfloridalaw.com/2009/12/11/florida-deficiency-judgments-%e2%80%93what-is-fair-market-value/" title="Florida Deficiency Judgments – What is Fair Market Value?">Florida Deficiency Judgments – What is Fair Market Value?</a></li>
<li><a href="http://aboutfloridalaw.com/2009/11/05/walking-away-from-your-home-mortgage-%e2%80%93-not-without-consequences/" title="Walking away from your Home Mortgage – Not without Consequences">Walking away from your Home Mortgage – Not without Consequences</a></li>
<li><a href="http://aboutfloridalaw.com/2009/10/15/florida-deficiency-judgments-%e2%80%93-the-rest-of-the-story/" title="Florida Deficiency Judgments – The Rest of the Story">Florida Deficiency Judgments – The Rest of the Story</a></li>
<li><a href="http://aboutfloridalaw.com/2009/08/20/deficiency-judgments-in-florida/" title="Deficiency Judgments in Florida">Deficiency Judgments in Florida</a></li>
<li><a href="http://aboutfloridalaw.com/2009/12/03/estate-mortgage-deficiency-judgment/" title="Estate is Liable for Mortgage Deficiency, Not Heirs">Estate is Liable for Mortgage Deficiency, Not Heirs</a></li>
</ul><span xmlns=""> <ul></ul>If you find any of these articles or pages interesting or have any questions about mortgage foreclosure or deficiency judgments, simply post to this blog or call us at (954) 458-8655. We offer a free initial consultation. </span>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-72071577404380922952010-02-15T21:36:00.002-05:002010-02-15T21:40:39.692-05:00When Home Prices Fall, Broward Public Schools Suffer<p>Property values in Broward County have plunged to deeper depths, and the residual effects of lower tax income are already being felt by Broward government agencies, namely Broward public schools, which depend on property tax income to fund their services.<br /></p><p>In an article entitled, "<a href="http://www.sun-sentinel.com/news/broward/fl-broward-schools-cuts-20100209,0,384144.story"> Broward School Board weighs possible layoffs, furloughs, fewer electives</a>" (published 2/9/10), the Sun Sentinel reports that the Broward school district will face nearly $100 million cut in state money. This reduction in income for schools can be directly attributed to a marked drop in property values throughout the county.<br /></p><p>According to a related Miami Herald article entitled "<a href="http://www.miamiherald.com/news/breaking-news/story/1469360.html">Broward property values take a nose dive</a>," (published 2/8/10), property values have dropped about 16% countywide. As government agencies consider their budget planning strategies, they will be forced to reduce wages for their entire employment force, or layoff specific employees, in order to reach compliance. Usually, the first agencies to feel the effects of decreased tax revenue are Broward's already beaten and bruised public schools.<br /></p><p>In light of these budget cuts, schools countywide will attempt the delicate balance between teacher needs and student services: In order for schools to comply with recently reduced student-teacher ratios, many teachers will be forced to take unpaid furloughs or face layoffs in nonessential subjects. It's either the teachers are let go, or options for students will be reduced (think schools that only offer specific electives, like arts or sports, but not both). To make the matter more complicated, the Broward Teacher's Union is currently in negotiations for a 4% pay raise. Clearly, the detrimental effects of plummeting home values are not limited to the pocketbooks of homeowners. To me, this is yet another example of the continuing spiraling down of our economy caused by the ongoing housing crisis.<br /></p><p>If you would like more information about this topic, you can post a comment to this blog, contact me, Larry Tolchinsky, a Florida Real Estate Attorney, by email, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation.<br /></p><p><br /></p>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-59616260288987422922010-02-01T22:54:00.002-05:002010-02-01T22:56:16.946-05:00Contributor to a Bloomberg.com article on Deficiency Judgments<p>Last week I, (Larry Tolchinsky), was asked to contribute to an <a href="http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aIf_vUQZFt.s"><span style="text-decoration: underline;color:blue;" >article</span></a> on Bloomberg.com entitled "Lenders Pursue Mortgage Payoffs Long After Homeowners Default." The article, written by Kathleen M. Howley, discusses deficiency judgments and raises the question whether they will be the next crisis for consumers. It's nice to be recognized for my writings on the subject.<br /></p>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-10122068866963320192010-01-25T16:36:00.004-05:002010-01-25T16:56:07.421-05:00Our Client is Buying and Looking for Items for SaleMy client has asked that I invite Sellers to contact my office regarding items they may be interested in selling and don't want to spend the money and time listing with a Realtor or posting to Ebay, Craigslist or the local newspaper. My client is interested in buying, for cash, the following items:<br /><br /><ul><li>Gold</li><li>Silver</li><li>Watches</li><li>Residential Real Estate </li><li>Commercial Real Estate</li><li>Mortgage Notes</li><li>Exotic Cars</li><li>Tax Certificates </li><li>Other various collectibles and assets of value</li></ul><br />If you are interested in selling any of these items, kindly contact me, Larry Tolchinsky. I will arrange a meeting to view your items. I can be reached at (954) 458-8655.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-41466460697291029892010-01-20T13:40:00.006-05:002011-02-04T08:26:02.584-05:00Are Big Banks Committing Short Sale Fraud?<span xmlns="">In the not-too-distant past, homeowners throughout the country were reaping the benefits of the housing boom by taking out home equity loans and lines of credit to finance their spending. With today's dismal housing and job markets, that source of funding has dried up leaving many homeowners in financial distress. Unfortunately, these people can't meet their monthly obligations, including their mortgage payments, and are unable to qualify to refinance or modify their loan payments.<br />
<br />
For many borrowers, the only option they have to finding relief from their mortgage payment is to <a href="http://en.wikipedia.org/wiki/Short_sale_%28real_estate%29">short sale</a> (when the lender allows the home to be sold for less than the value of the loan) their home. However, when a home has two liens, the second lien holder must release their lien, which often means the second lien holder gets nothing from the borrower.<br />
<br />
Clearly, second lien holders need incentive to release their liens, so first lien holders generally negotiate some partial payment to entice the second lien holder to release its mortgage. All these negotiations are fully disclosed and completely legal.<br />
<br />
A <a href="http://www.cnbc.com/id/34877347">recent article</a>, though, discusses a new trend that big banks are benefiting from: Banks like <b>JP Morgan</b> and <b>Bank of America</b> are allegedly getting off-the-books payments from real estate agents and buyers for further enticement to release their liens. None of these "side deals" are being disclosed to the holders of the first lien, resulting in double payment to banks; first from the first lien holder, and again from the real estate agent and/or buyer. The law states that any and all payments related to a real estate transaction must be disclosed on the Closing Statement (a/k/a HUD settlement Statement).<br />
<br />
This practice of not disclosing this information on the HUD is in violation of RESPA (Real Estate Settlement Procedures Act), which is the law requiring that consumers receive disclosures at various times in a real estate transaction. The law specifically prohibits kickbacks and its stated purpose is to provide consumer protection to homebuyers so that they can be better shoppers in the home buying process. Currently there is no investigation into this fraudulent practice by the Treasury Department, the FTC (Federal Trade Commission), or FINCEN (Financial Crimes Enforcement Network). Hopefully, though, if more attorneys and aggrieved homeowners blow the whistle, these big bank fraudulent practices will cease.</span><br />
<br />
For more information, please see our page on <a href="http://www.hallandalelaw.com/short-sale-counseling">Short Sale Counseling</a> to learn more.<br />
<br />
If you have any questions about this topic, you may either post a comment to this blog, contact me, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Real Estate Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655, and I will be happy to answer your questions. I offer a free initial consultation.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-86637315235516323582009-12-13T22:22:00.007-05:002011-02-04T08:46:28.450-05:00Deficiency Judgment Articles<div class="MsoNormal">I have received so many calls about deficiency judgments due in part to the articles I have written on the subject on our sister blog, About Florida law. Those articles collectively discuss most aspects of Florida deficiency judgments that I face in my practice, including:</div><br />
<ul><li><a href="http://aboutfloridalaw.com/2011/02/02/what-is-hafa-what-are-the-feb-2011-hafa-changes-and-how-can-hafa-help-you-if-youre-facing-foreclosure-deficiency-judgment-relief/">What is HAFA? - Can HAFA Help? - Deficiency Judgment Relief</a></li>
<li><a href="http://www.hallandalelaw.com/deficiency-judgment-counseling">Deficiency Judgment Counseling - An Overview</a> </li>
<li><a href="http://aboutfloridalaw.com/2010/03/23/garnishing-wages-after-foreclosure-deficiency-judgment/" title="Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?">Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?</a></li>
<li><a href="http://aboutfloridalaw.com/2010/02/09/prime-borrowers-in-florida-are-most-at-risk-for-a-deficiency-judgment/" title="Prime Borrowers in Florida are most at risk for a Deficiency Judgment">Prime Borrowers in Florida are most at risk for a Deficiency Judgment</a></li>
<li><a href="http://aboutfloridalaw.com/2009/12/11/florida-deficiency-judgments-%e2%80%93what-is-fair-market-value/" title="Florida Deficiency Judgments – What is Fair Market Value?">Florida Deficiency Judgments – What is Fair Market Value?</a></li>
<li><a href="http://aboutfloridalaw.com/2009/11/05/walking-away-from-your-home-mortgage-%e2%80%93-not-without-consequences/" title="Walking away from your Home Mortgage – Not without Consequences">Walking away from your Home Mortgage – Not without Consequences</a></li>
<li><a href="http://aboutfloridalaw.com/2009/10/15/florida-deficiency-judgments-%e2%80%93-the-rest-of-the-story/" title="Florida Deficiency Judgments – The Rest of the Story">Florida Deficiency Judgments – The Rest of the Story</a></li>
<li><a href="http://aboutfloridalaw.com/2009/08/20/deficiency-judgments-in-florida/" title="Deficiency Judgments in Florida">Deficiency Judgments in Florida</a></li>
<li><a href="http://aboutfloridalaw.com/2009/12/03/estate-mortgage-deficiency-judgment/" title="Estate is Liable for Mortgage Deficiency, Not Heirs">Estate is Liable for Mortgage Deficiency, Not Heirs</a></li>
</ul><div class="MsoNormal">If you have any question about deficiency judgments, please post a comment to either of our blogs. Otherwise, you may contact me, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Real Estate Lawyer</a>, by <a href="http://www.hallandalelaw.com/contact-us-page#middle">email</a> or telephone at (954) 458-8655. I offer a free initial consultation.</div>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com1tag:blogger.com,1999:blog-1346695446669353696.post-90437742606280207922009-11-20T19:27:00.006-05:002009-11-20T21:03:24.697-05:00Short Sales are Taking Forever!<p>By now, everyone knows that a "short sale" occurs when real estate is sold for less money than is due on its mortgage. A short sale serves as an alternative to foreclosure, where the borrower cannot afford his mortgage payments and the lender determines that it is better to sell the property at a moderate loss than to press the debtor to pay the whole balance. By following through with a short sale, the lender avoids the hefty fees of foreclosure and the debtor avoids the resultant plunge in his credit score.</p><p>Because both parties (lender and debtor) must consent to a short sale, it is becoming increasingly difficult to effect – not because it is somehow less favored than foreclosure in our current economy, but because lenders are taking forever to grant their approval. Many of my clients have voiced concerns in this regard, and I thus <a href="http://www.trulia.com/voices/Home_Selling/How_long_is_it_taking_for_Bank_of_America_to_get_b-177242">consulted some realtors</a> to better understand the situation. I found that like other businesses, banks too laid off employees to survive the recession, and so they just don't have the manpower to sift through the vast quantities of short sale applications they receive in a timely fashion. Some of the real estate transactions that I have been involved have taken up to 6 months to close. It's crazy.<br /></p><p>What's happening now is that homeowners are increasingly engaging in "strategic defaults" or voluntary foreclosures, whereby they simply walk away from their mortgages; they just stop paying, let the bank take their home and move into a rented apartment for half their monthly mortgage payment. Everyone loses when this occurs. Banks lose money and are burdened with so much more work, and homeowners face a <a href="http://aboutfloridalaw.com/2009/10/15/florida-deficiency-judgments-%E2%80%93-the-rest-of-the-story/">deficiency judgment</a> and suffer a 100 point decrease in their credit score, making them ineligible for a new mortgage for seven years and less likely to be approved for credit in any other capacity. What I don't understand is why these over-stretched banks don't take their federal bailout money and hire (or restore) more employees. This would not only solve the short sale situation, but also help boost our economy!</p>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-47001578442922987012009-11-04T22:36:00.004-05:002009-11-20T21:03:40.524-05:00Newswires<p>I am pleased to announce that we just launched a new section to our <a href="http://www.hallandalelaw.com/">law firm</a> website, called <a href="http://www.hallandalelaw.com/newswires">newswires</a>. This section offers the latest news from around the web for the different areas of the law that we practice and news related to several of the South Florida cities we serve. Each page also includes links to other items of interest including a city encyclopedia and local weather. We invite you to browse. If you have any comments or suggestions as to other information you would like included on these pages, please feel free to contact us by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call us at (954) 458-8655.</p><br /><br /><!-- [Where:Hallandale-FL] [Where:33009] -->Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-60511563128420934302009-10-25T10:35:00.003-04:002009-11-20T21:01:02.586-05:00Deficiency Judgments – Don’t Just Walk Away<p>This morning, I read an <a href="http://www.miamiherald.com/251/story/1298873.html">article</a> in the Miami-Herald about borrowers walking away from their homes because the value of their home has fallen below the mortgage balance. The article discusses the danger of doing so, and specifically mentions deficiency judgments. I wrote 2 blog posts, one <a href="http://aboutfloridalaw.com/2009/08/20/deficiency-judgments-in-florida/">defining deficiency judgments</a>, and the other talking about <a href="http://aboutfloridalaw.com/2009/10/15/florida-deficiency-judgments-%E2%80%93-the-rest-of-the-story/">what to do when facing a deficiency judgment</a>, including negotiating with your lender. I keep blogging about this topic, because this will be a hot button issue for at least the next 5 years and I am constantly receiving phone calls from clients seeking advice in this regard.<br /></p><p>If you are interested in learning more about deficiencies, you can either post a comment to this blog, contact me, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Deficiency Judgment Lawyer</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.<br /></p><p> </p><br /><br /><!-- [Where:Hallandale-FL] [Where:33009] -->Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-75125849701078927812009-10-24T21:12:00.006-04:002011-02-04T08:39:45.015-05:00Homeowners Associations/ Condominium Associations – Failure to Pay MaintenanceA <a href="http://en.wikipedia.org/wiki/Homeowners%27_association">Homeowners Association (HOA)</a> / <a href="http://en.wikipedia.org/wiki/Condominium">Condominium</a> Association provides valuable services to members of its residential community, including maintenance of common areas such as lobbies, hallways, pools/ parks, shared laundry facilities, etc. An HOA will generally require that the units in its residential community pay a monthly fee to cover the cost of these services, which is calculated based on an expectation that at least 80 to 90 percent of the units are occupied and, further, are regularly paying their dues.<br />
<br />
So, what happens when, as now, a residential community faces a disproportionate number of foreclosures, when residents are evicted and banks take over the units, and no one is paying HOA dues for the unoccupied units? The HOA becomes severely under-funded and is unable to continue some of the services it provides. To retaliate, homeowners/ condo owners still in possession of their units stop paying their HOA dues, and, gradually, all services stop such that the residential community falls into disrepair. The property values of homes in the residential community collapse, and more residents are thus forced into foreclosure – and then the cycle repeats.<br />
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To protect against this situation, the law grants HOAs the right to enforce homeowners/ condo owners' duty to pay HOA dues. If you fail to pay your dues, your HOA can place a lien on your property and, further, foreclose on that lien in accordance with <a href="http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2009&Title=-%3E2009-%3EChapter%20720">Florida law</a>. This is true even if your HOA is NOT providing some or all of the services required of it. So, bottom line, continue to pay your HOA dues on time regardless of what services it has failed to provide and, if necessary, study your HOA / condominium documents to determine what, if any, legal recourse is available to you.<br />
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For more information, please see our page on <a href="http://www.hallandalelaw.com/condominium-foreclosure">Condominium Foreclosure</a> to learn more.<br />
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If you have any questions about this topic, you can either post a comment to this blog, contact me, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Real Estate Lawyer</a>, by <a href="http://www.hallandalelaw.com/contact-us-page">email</a>, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-15461293392530058932009-10-17T19:55:00.003-04:002009-10-17T20:04:25.719-04:00Deficiency Judgments in Florida - Part 2<p class="MsoNormal">The number of calls I receive about <a href="http://aboutfloridalaw.com/2009/08/20/deficiency-judgments-in-florida/">deficiency judgments</a> continues to rise. It has been an eye opening experience to see how the <a href="http://en.wikipedia.org/wiki/Foreclosure">foreclosure</a> epidemic has evolved and how clients have responded.<span style=""> </span>First, it started with client’s wanting information about the defenses to a foreclosure action. Then, it became about short sales. Now, everyone is focused on deficiency judgments.<span style=""> </span>Since I received so many inquiries about them, I wrote two <a href="http://aboutfloridalaw.com/2009/08/20/deficiency-judgments-in-florida/">blog posts about deficiency judgments</a> (<a href="http://aboutfloridalaw.com/2009/10/15/florida-deficiency-judgments-%E2%80%93-the-rest-of-the-story/">click here for the second post</a>) on a sister blog which provide answers to the most commonly asked questions about these types of judgments. </p> <p class="MsoNormal">If after reading that blog posts, you still have any questions about Florida deficiency judgments, please either post a comment to this blog, contact me, a <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">Florida Real Estate Attorney</a>, by <a href="http://www.hallandalelaw.com/contact-us-page#middle">email</a>, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.</p>Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-34922655501695966622009-10-02T19:29:00.008-04:002013-12-18T08:49:55.518-05:00Notice of Trust – Florida Probate – A PrimerWhen the Settlor of a Florida Trust dies, <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0736/SEC05055.HTM&Title=-%3E2009-%3ECh0736-%3ESection%2005055#0736.05055">Florida Statute 736.05055</a> requires that the Trustee immediately file a Notice of Trust with the court in the county where the Settlor was domiciled and with the court that has jurisdiction over the Settlor’s estate.<br />
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Among other things, the Notice of Trust must contain the Settlor’s name and date of death so that the Court may appropriately notify the Trustee of the probate proceeding for the Settlor and to notify the Trustee of any caveats (claims) filed with the court for the decedent.<br />
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One purpose of filing the Notice of Trust, is to pay from the Trust Assets any creditors’ claims, any funeral or estate administration expenses, or other obligations of the Probate estate in the event there isn’t enough money in the Settlor’s probate estate to do so. The Personal Representative will certify to the Trustee that there aren't enough assets in the estate to pay for these items, list the items to be paid, and that money is needed from the Trust to satisfy these obligations. Sometimes, problems arise when the estate plan documents do not allow for the Trustee to pay the expenses of the probate estate or the trust lacks the liquidity to do so.<br />
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Also see: <a href="http://browardlegaldirectory.com/broward-county-notice-of-trust-form">Free Broward County Notice of Trust Form on BrowardLegalDirectory.com</a><br />
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If you have any questions about a Notice of Trust or other probate or trust issues, you can either post a comment to this blog, contact me, a <a href="http://www.hallandalelaw.com/broward-probate-lawyer">Broward Probate Lawyer</a>, by <a href="http://www.hallandalelaw.com/contact-us-page#middle">email</a>, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.</div>
Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0tag:blogger.com,1999:blog-1346695446669353696.post-81468294656149678992009-09-26T20:43:00.006-04:002009-09-26T21:46:43.062-04:00What is Florida Business Law?Business law is the law that applies to business entities, such as <a href="http://en.wikipedia.org/wiki/Partnership">partnerships </a>and <a href="http://en.wikipedia.org/wiki/Corporation">corporations</a>, and includes advising on and setting up of these business entities, contract drafting, and business litigation. A <a href="http://www.hallandalelaw.com/attorney-profiles/larry-tolchinsky-esq">business law attorney</a>, will represent clients in these matters as well as with:<br /><br /><ul><li>Employment agreements</li><li><a href="http://en.wikipedia.org/wiki/Shareholder_agreements">Shareholder agreements</a></li><li>Non-compete agreements</li><li><a href="http://en.wikipedia.org/wiki/Operating_agreement">Operating agreements</a></li><li>Confidentiality agreements</li></ul>In Florida, corporations are governed by the <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0607/titl0607.htm&StatuteYear=2009&Title=-%3E2009-%3EChapter%20607">Florida Business Corporation Act</a> and LLC's are governed by the <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0608/titl0608.htm&StatuteYear=2009&Title=-%3E2009-%3EChapter%20608">Florida Limited Liability Company Act</a>. The statutes set out the law related to formation, governance and other important operational matters.<br /><br />This brief introduction is meant to illustrate the business law services that I have been providing to my clients since 1994. If you would like more information about any of these topics, either post a comment to this blog or feel free to contact me, Larry Tolchinsky, by <a href="http://www.hallandalelaw.com/contact-us-page#middle">email</a>, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.Foreclosure Defense Lawyerhttp://www.blogger.com/profile/08570634521060633485noreply@blogger.com0