In Florida, in order to foreclose on your property, the owner of the mortgage (plaintiff) must file a lawsuit. At an early stage in the foreclosure action, the plaintiff will ordinarily file an application (motion) for a ‘summary judgment’ stating that the facts are not in dispute and judgment must...
Social Security, Childhood Disability and HIV
The childhood disability rules apply to children from birth to age 18, although under certain circumstances, it can apply up to age 21. In any event, the onset of a disabling impairment must precede a child's 22nd birthday. In order to obtain Social Security benefits for a child, you must...
Relocation in Florida: Moving with the children
Florida has moved away from the concept of ‘child visitation’ and ‘primary custody’ and has instead adopted the idea of time sharing. Time sharing recognizes that both parents have equal rights, even if they do not get equal time with the children. Parents must now enter into a time sharing...
Temporary Alimony in Florida
She came in for a free consultation. She tells me that after 10 years, her marriage is broken and her husband has moved out. They own a house valued at $200,000 (it was worth $300,000 a couple of years ago) with a $250,000 mortgage. She wants to keep the shanghai...
Removing Second Mortgages In A Chapter 13 Bankruptcy
Chapter 13 Bankruptcy Can Keep You in your Home THE PROBLEM: Consider the following (unfortunately) common situation faced by many homeowners: their home in the current depressed real estate market is worth $150,000. They have two mortgages on the property that they obtained during the real estate boom several years...
Choosing a Bankruptcy Lawyer
Seeing a lawyer for a bankruptcy problem is much like seeing a dentist. You try to ignore the pain as long as you can before you make an appointment. When you finally do, you wonder why you waited so long and went through months or years of unnecessary discomfort. As...
Foreclosure Defense And The Value Of Time
How Did This Happen? I doubt that you planned to be sued in foreclosure. Most likely, you planned for your home or other real estate to be a primary investment. Unfortunately, the economy didn’t cooperate. Or, in a world of constantly rising real estate prices, you kept borrowing against imagined...
Student Loans and Bankruptcy in Florida
Not all loans are alike. A tuition bill is not a student loan. As a general rule, student loans are non-dischargeable debts, which means that you will still have to pay the loan off even after filing for Chapter 7 or Chapter 13 bankruptcy. Under current law, this is true...
Bankruptcy and Taxes
Bankruptcy is intended to give you a fresh start- all of your credit card debt, medical bills, deficiency judgments and unsecured debt become nothing more than a bad memory. But what about your nasty tax liabilities? Will they follow you forever? This is a question my clients frequently ask. Well,...