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ConstProject

Are You Starting Construction?

By Daniel M. Copeland |

PROPERTY OWNER • Notice of Commencement (NOC) — The first step when starting a construction project is the recording of an NOC.  This is a document that announces that the owner will be improving the specified property. The NOC includes the property’s legal description and owner’s name, the name of the general contractor, a general description of… Read More »

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ElderLaw5

WHAT IS A LADY BIRD DEED?

By Daniel M. Copeland |

A lady bird deed (also known as an enhanced life estate deed) can be used as an effective estate planning tool to allow a homeowner to live in their home for the rest of their lives, while maintaining their homestead exemption. The lady bird deed does not transfer the property until the homeowner’s death;… Read More »

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LandTenant

My Landlord Filed An Eviction Action for Non-Payment of Rent

By Daniel M. Copeland |

In Florida, pursuant to Florida Statute Section 83.232, tenants must pay rent into the court’s registry during an eviction case.  If the tenant does not pay the rent due, they may lose the eviction case by “default.”  That means a default eviction judgment is entered against the tenant quickly, without a hearing or an… Read More »

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LegalLaw

DEFECTIVE THREE (3) DAY NOTICE’S EFFECT ON EVICTION COMPLAINT

By Daniel M. Copeland |

Prior to July 1, 2013, if a landlord filed an eviction action with a defective three (3) day notice, the eviction was subject to be dismissed with prejudice.   However, an amended statute, §83.60(1)(a), Florida Statute, went into effect on July 1, 2013. The amended statue requires that “[t]he landlord must be given an… Read More »

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Lawyer4

DO YOU REALLY WANT A RENT TO OWN CONTRACT FOR REAL PROPERTY?

By Daniel M. Copeland |

Prior to entering into a “rent to own” agreement with your tenant, you may want to think twice.  In a recent landlord/tenant case (Harner v. Carter, Case No. 2014 32269 COCI (Fla. 7th Jud. Circuit, Volusia County) the Court explained that “eviction is not the appropriate remedy where the occupant of the property has equity… Read More »

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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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