Relying On Representations Of Others Who Go Back On Their Word
Florida property owners often have to receive approval from associations and/or government agencies for changes to their property ranging from landscaping to major construction projects. What is a property owner to do when the association or agency giving the approval changes their position and revokes the initial approval? The answer...
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Removing A Squatter From Your Florida Vacation Home
With its many seasonal residents, it is unfortunately common for property owners here in the Sunshine State to find someone living in their Florida vacation home. But what to do when that happens? Fortunately, Florida law offers some solutions to removing the squatter by either an Unlawful Detainer Action (Fla. Stat. 82)...
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Florida Governor Suspends Mortgage Foreclosures and Residential Evictions Due to COVID 19 Crisis
In February of 2020, Florida’s unemployment rate was 2.8% according to the Federal Reserve Economic Data and the U. S. Bureau of Labor Statistics. This was the lowest the State’s unemployment rate had been in over forty years. However, as the COVID 19 crisis and the associated shut-downs and slow-downs...
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Coronavirus (COVID-19) and Evictions
The Coronavirus (COVID-19) has already had a devastating effect on the local Southwest Florida economy. Many folks in the service industry have been laid off or suffered from severe cuts to working hours and/or pay. Unfortunately, this shutting down of certain local businesses has come toward the end of the season, one...
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ALLEVIATING CONTRACTUAL OBLIGATIONS IN THE MIDST OF THE CORONAVIRUS (COVID-19)
Many Floridians are concerned about how the Coronavirus (COVID-19) will affect their ability to pay long term debts and honor long term contractual obligations. There is little doubt that the economic impacts of this epidemic are vast and will continue to accumulate. Furthermore, the Sunshine State is particularly vulnerable because of the...
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WHAT ARE TYPICAL NON-FORECLOSURE MITIGATION OPTIONS FOR COMMERCIAL PROPERTY?
Question: "What are typical non-foreclosure mitigation options for commercial property?"
In a commercial default situation, where you're dealing with loss mitigation, you have the opportunity to either come to an...
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THE HEALTH OF A TREE WHEN IT FALLS DETERMINES LIABILITY UNDER FLORIDA LAW
“Get your tree off my property!” screamed one clearly stressed out neighbor to another. “Really?” Replied the other neighbor. “It fell on YOUR property, so it’s YOUR problem!”
While it’s fantastic to see neighbors helping...
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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...
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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...
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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:
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