For many years, court-ordered mediation has been used extensively in Florida to help litigants resolve their dispute without going through a trial. Judges love mediation because it clears cases. For that reason, courts often require parties to go through mediation before setting a case for trial. Those parties who successfully reach a mediated settlement save [...]
On June 9, 2015, the Firm’s Elder Law attorney, Elizabeth P. Allen, spoke at the monthly luncheon meeting for the Tampa Bay Paralegal Association held at the Tampa Club in downtown Tampa. The subject matter of her presentation was representing the elderly client and the basics of long-term care planning. The presentation also included a [...]
Lenders often feel left without a remedy when a borrower transfers away the collateral for the loan and then runs into Bankruptcy Court – but no longer! The Bankruptcy Court for the Jacksonville Division of the Middle District of Florida, relying on prior decisions of Bankruptcy Courts throughout the country, recently ruled that by transferring [...]
Many purchasers are surprised to learn that title to real property acquired by tax deed is not immediately "marketable". Most title insurers will not insure title to a tax deed property without the filing of a Quiet Title Action. Assuming a proper quiet title action is completed (through all appeals), the title will be deemed [...]
On June 29, 2015, Elder Law and Special Needs Planning Attorney, Elizabeth P. Allen, conducted a workshop on Planning For Persons With Special Needs for members of Just Cares, Inc. The event was held at Just Dance, Academy of Dance and Etiquette on 124 South Kentucky Ave., Lakeland, Florida. Just Cares, Inc. is a non-profit [...]
If the value of the assets that are left to a minor under the age of 18 exceeds $15,000.00, a Court-administered Guardianship will be required for the minor child. This may happen inadvertently by designating a child as a contingent beneficiary on a life insurance policy or passing away without a Will. Not only [...]
Thinking about buying a house or condominium at a foreclosure? -- Be careful! In all likelihood, under both scenarios, you will be responsible for paying all charges (assessments, interest, and attorneys’ fees) that were incurred and owed by the prior owner. You may want to wait and allow the lender to purchase the property at the [...]
On May 21, 2015 the Florida ABLE Act became law. The law is pursuant to the 2014 federal Achieving A Better Life Experience Act of 2014 (the ABLE ACT) which allows states to establish tax free savings accounts for certain people with disabilities. The ABLE Act allows eligible individuals with disabilities to save money, up [...]
Sometimes people unwittingly rent and move into a house or a condominium that becomes involved in a mortgage foreclosure. For many years, those tenants who entered into a lease with the borrower had no right to stay in the property after the foreclosure. During the foreclosure crisis (from 2008 through 2014), a Federal law was [...]
Gibbons | Neuman bankruptcy and creditors’ rights attorney, Victor Veschio, attended oral arguments before the United States Supreme Court in March, 2015. The Court has now issued its unanimous ruling in favor of the creditor-bank in the consolidated cases of In Re: Toledo and Caulkett. In summary, the Court held that any creditor who holds [...]
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