Florida Estate Planning Lawyer Blog

February 16, 2010

I just got a Motion for Summary Final Judgment & Attorney Fees

How long can I stay in the home or what are my options?

It is still possible to stop the Summary Judgment and remain in the home but you need to act quickly or you could be removed from your home in as little as 24 hours after the sale.

Most Florida Foreclosure law suits are improperly filed and can be stopped, but you should discuss your situation and circumstances with a Florida Foreclosure Lawyer as soon as possible. Generally, you should start this when you first fall behind in your payments but we have had success in stopping summary judgments and even sales once they are scheduled. Whether anything can be done depends on the individual circumstances of a case.

February 15, 2010

Short Sales and Additional Liability

by David M. Goldman

If I do a Short Sale on my Florida Home am I responsible for anything else? Yes you can be responsible for the difference in what the home is sold for and the loan amount + additional fees and expenses. You must get the mortgage company to release your from this liability. Many will tell you that it is not possible, but it’s done all the time.

Before agreeing to a short sale in Florida, a loan modification, or a forbearance agreement, you should have the agreement reviewed by a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to make sure you understand what you are agreeing to.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 15, 2010

Amending a Florida Foreclsoure Complaint or Answer

by David M. Goldman

In a Florida Foreclosure Law Suit it is possible to amend an answer once it is filed. Often this is done when there was a mistake with the original answer or the Defendant has submitted a letter on your behalf as an answer. Sometimes the lender or the person suing you amends their complaint to change out the plaintiff or to change the language in the lawsuit. Courts will generally allow a part to change a complaint or answer but do not have to. Some changes are not permitted and you should discuss any changes made with a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 9, 2010

Tips to Avoid Exploitation of the Elderly by a Family Member

by David M. Goldman

The Trials and Heirs blog recently had an article about how to avoid exploitation of the elderly by a family member. They recommend

1 Getting Expert advise who knows the ins and outs of estate planning. I would also recommend using a Florida Estate Planning Lawyer who is familiar with Florida Elder Law.

2. Be careful of Joint accounts as they can take the money or create ineligibility for nursing home coverage.

3. Consider “Springing” Powers of Attorney or as we call them contingent Durable Powers of Attorney as they only give powers once you are incapacitated.

February 4, 2010

Graphical View of Unemployment over the last few years

by David M. Goldman

According to the U.S. Department of Labor’s Bureau of Labor Statistics, there are more than 31 million people currently unemployed — that’s including those involuntarily working part-time and those who want a job, but have given up on trying to find one.

January 18, 2010

Estate Planning Professionals Network of NRA

by David M. Goldman

David Goldman of Law Office of David M. Goldman PLLC, Florida Estate Planning Lawyer Blog, and NFA Gun Trust Lawyer Blog became a member of the Estate Planning Professionals network (EPPN) of the NRA. The next EPPN event will be held in conjunction with the NRA Annual Meeting in Charlotte, North Carolina in May 2010.

As a member of the EPPN, David can modify wills and trusts with language that can be added to Florida Wills and Trusts to make bequests to the national Rifle Association or any of the NRA charities or endowments.

January 10, 2010

Fighting Foreclosures

by David M. Goldman

If you live in Jacksonville or anywhere in Florida and are facing a Florida Foreclosure Lawsuit or facing the foreclosure on your home in the future there are somethings you should know.

In Florida a foreclosure process my proceed in the courts. This is because Florida requires a Judicial Foreclosure with court supervision. Once you fall 30 days behind on your payments the lender can file a foreclosure lawsuit against the owners and tenants of the home. Most foreclosures happen when you become at least 60-90 days late on your payments. When this happens the bank or servicing bank will not accept any more payments from you.

The first thing that happens is a foreclosure notice will be filed. You then have 20 days to file an answer to the lawsuit or some other document with the court. You can also file a motion asking for more time or a motion to dismiss. It is important not to ignore this notice as the bank can obtain a default judgment if you do not file a response. Under Florida Foreclosure law, you can still save your home before it is sold if you pay off the note. Most individuals do not have the ability to do this.

January 6, 2010

Jacksonville Divorce Lawyer

by David M. Goldman

Jacksonville Divorce Lawyer: What does Florida Divorce Law have to do with Florida Estate Planning? We often find that Estate planning is needed most around the time of a Divorce in Florida. We now have a Jacksonville Divorce Lawyer on staff to help deal with the unique issues of Jacksonville Child Support, Jacksonville Child Custody, and Jacksonville Family law.

These issues often arise around the time of Florida Estate Planning or in conjunction with a Florida Probate.

If you have questions concerning Florida Estate Planning contact one of our Florida Estate Planning Lawyer or Jacksonville Divorce Lawyer to discuss your situation.

January 1, 2010

Jacksonville Foreclosure Lawyer and Duval County Property Values

by David M. Goldman

a Jacksonville Foreclosure Lawyersknows that foreclosures in your neighborhood hurt property values. Good news for Texas residents, Today they have help in dealing with property values and the taxes related to them.

Homeowners in neighborhoods that have been hurt by homes with foreclosures might find some relief. The new Teas law requires appraisal districts to consider properties that have been foreclosed on when determining a home’s value. Homeowners in other states including Texas and Florida have complained that appraisal districts have excluded foreclosed properties and those with distressed resale values when setting some home values.

With as many as 1 in 6 homes in Florida facing a potential foreclosure, these values must be used to help determine real market value of the homes in an area.

December 26, 2009

Jacksonville Florida Guardianship Lawyer helps those who are in need

by David M. Goldman

A Jacksonville Guardianship lawyer can help individuals who are not able to deal with their own affairs in a physical or financial manner. By having a person appointed through a Florida Guardianship Proceeding, an individual (the ward), appoints a person( the guardian) to help the ward in those areas where they do not want to or can not represent their own best interests.

A Florida Guardianship attorney can either help to represent the individual or represent others to make sure that the proper guardian is chosen and that they fulfill their fiduciary obligations. Often we find that guardians do what they want and not necessarily what is in the best interest of the ward. This can cause damages and can open the guardian to liability for the actions that they took.

If you or someone you know if in need of a Florida Guardianship or might have been taken advantage by their Florida Guardian, you should contact a Jacksonville Guardianship Attorney to discuss your situation and what options are available to you through Florida’s Guardianship proceedings.