Short Sale vs. Foreclosure in Florida

 Short Sale vs. Foreclosure in Florida? Although the number of foreclosure filings have slipped in the state of Florida, the number of foreclosures are still staggering.

Many Floridians still have difficulty making their monthly mortgage payments and must decide on the best course of action to either keep their home or walk away. One of the many options that a homeowner has is to enter into a short sale or enter into foreclosure.

A short sale is any sale of real estate that generates proceeds that are less than the amount owed on the property. A real estate short sale occurs when the lender and borrower decide that selling the property and absorbing a moderate loss is preferable to having the borrower default on the loan. A short sale is an alternative to foreclosure because it mitigates or lessens additional fees and costs to both bank and borrower.

A foreclosure is the legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making his or her monthly payments. The foreclosure process will adversely affect the borrower’s credit score and can follow the borrower for some time while attempting to obtain credit. As the foreclosure is always initiated by the bank/lender, the bank or lender is in control unless loss mitigation options are afforded. Loss mitigation refers to a loan modification or reduction in loan repayment.

Are you in foreclosure? Do you need foreclosure defense?  Seek help today at The Law Office of Ryan S. Shipp, PLLC.  As former counsel for the banks, we now use our knowledge and skills assisting homeowners in foreclosure.  Call us today at (561) 699-0399 or come by our office at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Your Florida Landlord shuts off all utilities and locks you out, what do you do next?

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Landlord Shuts Off Utilities

The relationship between a Landlord and a Tenant is defined in the Florida Statutes, Chapter 83, Part II. Under the Florida Statutes, there are only three (3) ways a Landlord can regain possession of the property: a) the Tenant abandons the property by not living there for a period of time without notifying the Landlord or by not paying rent; b) the Tenant voluntarily allows the Landlord to retake possession of the property; or c) the Landlord files an eviction action in the County Court.

In Florida, it is illegal for a Landlord to use any self-help measures. Self-help is defined as the Landlord taking proactive or retaliatory measures to regain possession of the premises. Proactive measures include shutting off the utilities and changing the locks that prohibit the Tenant from entering the premises.

Florida Statute 83.67 clearly prohibits the Landlord from causing, either directly or indirectly, the interruption of any utility service to the Tenant, including heat and refrigeration or changing the locks, but has been interpreted by the courts as prohibiting the removal of any amenity that was part of the original lease that will impair the Tenant’s habitation.

The only remedies available to a Landlord is to initiate an Eviction action. If a Landlord violates this statute and tries to force the Tenant to leave without going through the Court, the Tenant is entitled to actual and consequential damages or 3 months rent, whichever is greater. The Tenant is also allowed to recover costs and attorney’s fees. Another remedy available for a Tenant is injunctive relief. An injunction is a Court order that tells someone to do something or prohibits someone from doing something. In a Landlord/Tenant scenario, an injunction could turn the utilities back on or change the locks to allow the Tenant to enter the property.

The Law Office of Ryan S. Shipp, PLLC  represents numerous Landlords and Tenants and knows the in’s and outs of the Florida Statutes and the Florida court system.  If you’re a Tenant that is renting from a Landlord that is making your life miserable by means of self-help, give us a call today at (561) 699-0399.  The Law Office of Ryan S. Shipp, PLLC is also available for walk-ins.  Our office is conveniently located located at 814 W. Lantana, Rd. Suite 1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

What to Expect in your Initial Consultation with an Attorney

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Initial Consultation Attorney

It is always a tough decision to hire an attorney. A lot of times, you are at the end of the rope and have no where else to turn when you hire an attorney. Whether it is a divorce, horrific accident, breach of contract, eviction, foreclosure, many people come to attorneys in the darkest points in their lives. The first step in changing course and charting a better future is to hire an attorney.

During the days leading up to the consultation, prepare a file for all of your documents, such as a Complaint if you have been served, email correspondence, pictures, and place them in an orderly fashion. You want to make sure that you bring all of the documents to the consultation with an attorney so that he or she can give you the best possible advice.  The Law Office of Ryan S. Shipp, PLLC recommends making two (2) copies of your file.

During the consultation, it is important to ask as many questions as possible, as this might be a new experience for you. Some questions to consider asking are what is the next step?, what are the possible consequences?, how much would hiring an attorney cost?, are there any other alternatives?  You want to make sure that you are as comfortable as possible with the prospective attorney because ultimately, whether to proceed or not is up to you. You want to be able to speak freely with no repercussions.

It is important to note that the attorney-client privilege is in effect during the initial consultation. This means that the prospective attorney cannot go and tell other individuals what happened during your meeting, except for firm employees to assist with the case. It is also important to note that just because you had an initial consultation with an attorney, that does not mean they are in fact, your attorney. An attorney is hired after the retainer agreement is signed. Up to that point, you are a prospective client.

Take some time after the first meeting to think about what was said and what is the best course of action. Do not feel pressured to sign a retainer right away if you do not feel comfortable.  The Law Office of Ryan S. Shipp, PLLC can assist with guiding you through this process.  We are located in Lantana Florida, we serve South Florida.  Stop by today and see us to discuss your legal issue at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 or set-up an appointment at (561) 699-0399.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Drafting a Foolproof Settlement Agreement (Florida)

 Foolproof Settlement AgreementSettlement Agreements have become a commonplace alternative to filing an expensive and drawn-out lawsuit. When thinking of entering into a settlement agreement, make sure to identify who the key characters are, identify the dispute, list what property is involved, if any, and the consequences of a breach.

It is important to define who the settlement agreement will cover. The best practice is to define who the key characters are and their role in the agreement. This is important because the settlement agreement will only cover who is listed in the settlement agreement.

Summarizing the facts that give rise to the dispute is important because it explicitly states the reason for the settlement agreement. Further, make sure to include that the settlement agreement will resolve any and all issues pertaining to the original dispute and any future issues arising from the original dispute.  This is called a release.  If you have a dispute that you would like to get resolved, it is always a good idea to hire a competent attorney.  The Law Office of Ryan S. Shipp, PLLC is located in Lantana Florida, we serve South Florida.  Our office can assist you with preparing your Florida settlement agreement.

Moreover, the settlement agreement should carefully state what consequences will result in the event that either party breaches the settlement agreement’s terms. Possible consequences include monetary damages, the definition of what would constitute a minor or material breach and whether the breaching party is entitled to a period of time to repair the breach. Drafting unambiguous consequences of a breach will avoid future disagreements of either party’s responsibility, and allow the Court to enforce those consequences more easily.  The foregoing blog is not legal advice and is general information for drafting your Florida settlement agreement.  It is recommended to consult with a Florida attorney  if you, your business, or loved ones, are dealing with a dispute.  The Law Office of Ryan S. Shipp, PLLC is located at 814 W. Lantana Rd. Suite 1, Lantana Florida 33462.  We are available for walk-in’s and by appointment.  Call us today @ (561) 599-0399.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Landlord Tenant Evictions Palm Beach County

In today’s roller coaster of an economy, individuals have become more reliant on each and every paycheck and some even live paycheck to paycheck. As emergencies always unexpectedly come up, it might be hard for you to pay those monthly rent checks, especially as your other bills keeping piling up.

If you are unable to pay your rent, your landlord may initiate Eviction proceedings to evict you from the property and for the landlord to regain possession of the property. It is always important to read your lease to find out the method of payment, the amount of payment and where the payment must be sent. The landlord cannot simply place a note on your door that states “Get Out!” Proper notice must be given to the tenant informing them of their duty to pay the rent. In Florida, the landlord must post a three (3) day notice on the property for failure to pay rent. If the three days have come and gone, the landlord must then file an eviction action in a court of competent jurisdiction. Once served with an Eviction lawsuit, the tenant has the option to deposit the amount owed into the Court’s registry, file an Answer to the Eviction action or move out of the property. If the tenant has any affirmative defenses, an Answer must be filed within five (5) business days after service of the Eviction.

It is important to know that a landlord cannot kick you out without the court’s approval or what is known as a Writ of Possession. A Writ of Possession is served by the local Sheriff’s Office, who will assist in the final stage of the Eviction.

We understand that receiving an Eviction action can be scary, but the Law Office of Ryan S. Shipp, PLLC is here to help! Call us today at (561) 699-0399 or stop by our Lantana office located at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

 
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