WHAT IS CONSTRUCTION LIEN?
A construction lien is a lien placed against a piece of real property that has been improved by a contractor, a sub-contractor, or a materialman. Any of those parties, if they feel like they have not been fully compensated for efforts they provided, can record...
WHAT IS CONSTRUCTION LIEN? Continue reading…
WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE?
Default and acceleration in a commercial mortgage will often happen just as a function of the debtor's failure to pay the payments when due. Beyond that, sometimes the debtor will try and transfer the title to the property, or the creditor may make the determination...
WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE? Continue reading…
WHAT IS A CONSTRUCTION DEFECT?
A construction defect is a failure in workmanship either defined by industry standards or the Florida Building Code. It's important, if you believe that you are facing a construction defect, that you consult with an attorney who is familiar with Chapter 558. There's an entire...
WHAT IS A CONSTRUCTION DEFECT? Continue reading…
FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING
For the Practitioner: Beat the Entry of an Order of Dismissal Post-Hearing My name is Jim Boatman. I’m a commercial litigator practicing out of Naples, Florida. I came across an interesting issue in the Florida Law Weekly for February 2, 2018. It came out of 3rd District Court of Appeals in the...
FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING Continue reading…
HURRICANE IRMA AND “FRUSTRATION OF PURPOSE”
Hurricane Irma has affected Southwest Florida in many different ways.
For some, their business plans have been shattered as a result of the devastation. Such shattered...
HURRICANE IRMA AND “FRUSTRATION OF PURPOSE” Continue reading…
FHA FORECLOSURE MORATORIUM
The U.S. Department of Housing and Urban Development (HUD) has announced relief for those affected by Hurricane Irma. HUD has announced several different programs for relief. These may be of some help to you:
FHA FORECLOSURE MORATORIUM Continue reading…
HURRICANE IRMA: WHEN AN “ACT OF GOD” MAKES CONTRACTUAL PERFORMANCE IMPOSSIBLE
Before Irma was even on the minds of Southwest Floridians, life was as normal and business was as usual. People, as they normally do, entered into contracts: contracts for construction of homes, purchase or rental of homes, maintenance, landscaping, remodeling, and anything else you...
HURRICANE IRMA: WHEN AN “ACT OF GOD” MAKES CONTRACTUAL PERFORMANCE IMPOSSIBLE Continue reading…
WHAT DOES “HOMESTEAD” MEAN IN FLORIDA?
In Florida, the term “homestead” property gets tossed around often, but do you really know what homestead means? The goal of Florida homestead law is to protect Florida families. The Florida Constitution provides three different forms of homestead protection for Florida homeowners:
WHAT DOES “HOMESTEAD” MEAN IN FLORIDA? Continue reading…
THE DOWN SIDE OF RESTRAINING ORDERS IN FLORIDA
Restraining Orders in Florida
Florida Statute Section 784.046 allows a victim of repeat violence, dating violence or sexual violence to obtain a protective injunction against their aggressor or in some cases their “aggressor.” This is commonly referred to as a “restraining order” although it is technically...
THE DOWN SIDE OF RESTRAINING ORDERS IN FLORIDA Continue reading…
LITTLE KNOWN ALTERNATIVE TO BANKRUPTCY
Chapter 727 Assignment for the Benefit of Creditors
Assignment for the benefit of creditors is generally thought...
LITTLE KNOWN ALTERNATIVE TO BANKRUPTCY Continue reading…