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Forec5

What is a Foreclosure Deficiency Judgment?

By Daniel M. Copeland |

A deficiency judgment refers to a mortgage lender’s judgment against the borrower for the difference between the outstanding balance of the mortgage note, plus costs and attorney’s fees, and the value of the property foreclosed.  For purposes of calculating the amount of deficiency liability, the foreclosed property “value” is the fair market value on the date… Read More »

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Legal7

Unlawful Detainer, Chapter 82, Florida Statutes versus Eviction, Chapter 83, Florida Statutes

By Daniel M. Copeland |

In essence, this cause of action applies to situations where friends, family members, significant others, or other persons are allowed to stay on a premises for a certain amount of time or under certain conditions, with no obligation to contribute monetarily or otherwise, and then refuse to leave after the end of the agreed… Read More »

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Lawyer2

Unlicensed Practice of Law

By Daniel M. Copeland |

The Unlicensed Practice of Law (UPL) program was established by the Supreme Court of Florida to protect the public against harm caused by unlicensed individuals practicing law. Consumer Information: The Supreme Court of Florida has given The Florida Bar the duty to investigate and take action against the unlicensed practice of law. Limited Appearance in… Read More »

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WillDocument

There is a Last Will & Testament. What’s next?

By Daniel M. Copeland |

Formal Administration: One of the primary purposes of probate is to ensure that the decedent’s debts are paid in an orderly fashion. In a formal administration, the personal representative must use diligent efforts to give actual notice of the probate proceeding to “known or reasonably ascertainable” creditors; this notice is required to be published. … Read More »

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Deed

DO I ADD MY PARTNER TO MY DEED?

By Daniel M. Copeland |

When a couple decides to buy property together, their status (married, domestic partnership, common-law married, etc.) does not have immediate implications. However this changes when a property-owning couple ends their relationship, as their status becomes very important in determining how property — real and personal — will be divided. (Real property is real estate,… Read More »

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Legal3

Florida Land Trust

By Daniel M. Copeland |

A Florida land trust is a private agreement among different people to operate, manage, and hold legal title to Florida real property. A land trust is a written legal agreement under which you, as the trust maker, appoints someone else as trustee to hold legal title to a parcel of real estate property for your benefit…. Read More »

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Legal2

What is a Tax Certificate or Tax Deed?

By Daniel M. Copeland |

A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent. Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is… Read More »

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HouseKeys

Removal of Transient Occupant from Residential Property

By Daniel M. Copeland |

First of all, what is a transient occupant? The term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. The Factors that establish that a person… Read More »

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Legal5

Who Can File An Eviction Action In Florida?

By Daniel M. Copeland |

Let’s say that you have a problem with a tenant who refuses to pay rent or follow the requirements of the lease, and now it’s time to evict. Before starting the eviction process, there is are some important issues to consider: Who has the right to file an eviction in Florida? Under the law,… Read More »

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Legal6

DEFECTIVE CONSTRUCTION

By Daniel M. Copeland |

Notice of Defect Procedure Prior to Arbitration or Suit            This procedure applies only to claims for damages or loss of property by an alleged construction defect.  The law requires that before filing an action, a claimant must serve written notice on the contractor, subcontractor, supplier, or design professional describing the claim in reasonable… Read More »

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