Florida Final Judgment of Foreclosure

A Final Judgment of Foreclosure in Florida against the Homeowner is a judgment issued by the Court at a Foreclosure Non-Jury Trial, Foreclosure Jury Trial, or Summary Judgment Motion against the Defendants in the foreclosure proceeding in favor of the Bank. The Final Judgment of Foreclosure details the amounts due and owing to the Plaintiff including the principal, interest, escrow credit, late charges, attorney’s fees and inspections, details the lien on the subject property and lists the sale date for the subject property. If the total sum with interest is not paid to the Plaintiff, the property will be sold at public sale on a specific date to the highest bidder for cash. In Palm Beach County, Florida the foreclosure sales are held online at a foreclosure auction.

The Final Judgment of Foreclosure is the judgment needed by the Plaintiff to sell the subject property and recoup any and all monies due and owing under the Mortgage and Promissory Note. A Defendant or Defendants can move to vacate the Final Judgment of Foreclosure if they have legal grounds to do so and stop the Bank Foreclosure. An example of legal ground for a motion to vacate are lack of service of process. In this scenario, the Defendant would argue that the Final Judgment of Foreclosure must be vacated as he/she was never served with a copy of the Complaint and Summons.

A Final Judgment of Foreclosure may not be the end of the foreclosure proceedings. Although the docket may list the case as closed, it can always be reopened for legal cause to attempt to avoid foreclosure and stop foreclosure. The Law Office of Ryan S. Shipp, PLLC and its team of experienced Foreclosure Defense Attorneys are here to help. Call us today at (561) 699-0399 to set up your 20-minute consultation. We are located in Lantana, Florida. We serve South Florida.

Our services also include assistance with Mortgage Modifications, Mortgage Help, Short Sales, Deed-in-Lieu of Foreclosure, and Representation of Homeowners in Condominium and Homeowners Association Lien Foreclosure Lawsuits.

We serve the following areas in South Florida:

Palm Beach County Florida

Boca Raton
Boynton Beach
Delray Beach
Lake Worth
Lantana
Palm Beach Gardens
Riviera Beach
Wellington
West Palm Beach

Broward County Florida

Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale Beach
Hollywood
Parkland
Pembroke Pines
Pompano

Miami-Dade County Florida
Aventura
Brickell
Coral Gables
Doral
Golden Beach
Hialeah
Miami
North Miami Beach
Sunny Isles Beach

Writ of Possession Florida

Shipp LawOnce the Landlord obtains a judgment of eviction for possession against the Tenants, the Clerk of Court will be instructed by the Judge, pursuant to the Final Judgment of Eviction, to issue a writ to the county sheriff.  Pursuant to Florida Statute 83.61, this writ will describe the premises and direct the county sheriff to put the Landlord in possession of the subject property after twenty-four (24) hours notice.  The Landlord may not enter the property until the Writ of Possession is issued and executed by the county sheriff.  It is important to note that Saturdays, Sundays and legal holidays do not stay the twenty four (24) hour notice period.  The county sheriff is the entity/department to execute the writ and not the judiciary.

Once the county sheriff executes the Writ of Possession, the Landlord may enter the property as he/she has regained possession of the property.  Further, the Landlord may change the locks.  Thereafter, if the Tenants left personal property and personal belongings in the property, the Landlord may remove that property “to or near the property line”.  This means that the Landlord can remove the Tenant’s belongings to the sidewalk.

The Writ of Possession is the all-important document that gives the Landlord the power to regain possession of the property.  Without this writ, the Landlord can be held liable for self-help tactics if he/she changes the locks or turns off the electricity/water.

The Law Office of Ryan S. Shipp, PLLC and its team of dedicated landlord-tenant attorneys and staff are here to help.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

Liquidated Damages Clause/Early Termination Fee FL

In Florida, a Tenant is legally responsible for paying the monthly rental payments as they become due and owing, pursuant to the Residential Lease Agreement.  What happens if the Tenant breaks the Florida Residential Lease Agreement and vacates the property early?  In many situations, the Tenant breaks the lease without paying the monthly rental payment, vacates the property, and leaves the Landlord high and dry.

Pursuant to Florida Statute 83.595, the Landlord may treat the rental agreement as terminated and retake possession thereby terminating any further liability of the Tenant; the Landlord may retake possession of the property and hold the Tenant liable for the difference between the monthly rental payment under the Residential Lease Agreement and what the Landlord is able to recover from re-leasing the property.  All Landlords must exercise good faith in attempting to re-lease the property; the Landlord may stand by and do nothing and hold the Tenant liable for the monthly rental payments; or the Landlord may charge liquidated damages as provided in the Residential Lease Agreement or an early termination fee.

Usually in Florida leases, the Landlord adds an additional clause which states that if the Tenant breaches the Residential Lease Agreement and vacates the property before the natural termination of the tenancy, the Landlord may charge liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent.  Further, in the case of an early termination fee, the Tenant is required to give no more than 60 days notice.  These remedies are only available if the Tenant and Landlord agree and accept these terms by indicating on the Florida Residential Lease Agreement.  The Tenant has the absolute right to not agree to a liquidated damages clause or an early termination fee.  If so, the Tenant is liable for the damages as provided by the Florida Statues.  The Liquidated Damages Clause/Early Termination fee is extremely important in residential leases and can determine the amount the Tenant is liable if he or she breaches the lease and vacates.  As always, it is important to read a lease agreement before signing it and ensuring that you understand your rights as both a Landlord or as a Tenant.  The Law Office of Ryan S. Shipp, PLLC and its experienced attorneys are here to help.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

 

Owning a Yacht or Pleasure Boat in a Florida LLC – Are you truly protected from liability?

Florida’s endless waterways and proximity to the Bahamas and Caribbean make it a boater’s dream. Whether it an evening cocktail cruise, a fishing trip, or an extended cruise in the Bahamas or down island, many people love to enjoy the water with friends, family and other guests. But what happens when something goes wrong and a person is injured in an accident involving your boat or yacht.   Many people believe that they are protected from personal liability in the event of an accident, if their boat or yacht is owned through a Limited Liability Company (LLC). While an LLC does offer protection from personal liability, an LLC needs to be formed and operated correctly in order to avoid personal liability. If an LLC has only one member and is not separate from the LLC member owner’s personal affairs and finances, Courts in many instances will treat an LLC as a “disregarded entity” and hold the owner personally liable for claims against the LLC. The LLC needs to operate as a company would operate. Bank accounts should be opened in the LLC’s name and all financial transactions involving a boat or yacht owned by the LLC should flow through the LLC’s bank accounts, not through any LLC member’s personal accounts. Insurance policies on the boat or yacht should be held in the LLC’s name, and any work performed on the boat or yacht should be paid by the LLC. Essentially, if you own a boat or yacht in an LLC, treat the LLC like a business in order to retain the liability protection an LLC affords.

If you are interested in properly forming and operating an LLC to protect you from personal liability involving your boat or yacht, contact The Law Office of Ryan S. Shipp, PLLC to help you with your needs. Call us today @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.

Motion to Determine Rent Florida

What is a Motion to Determine Rent in Florida? As a background, the Landlord first served a Tenant a three (3) day Notice to Pay/Vacate and then filed a Complaint for Tenant Eviction based on non-payment of rent.  Within the five (5) day statutory timeframe, the Tenant has filed what is called a Motion to Determine Rent.  This Motion requests the Court/Judge to determine how much rent is actually owed and how much, if any, should be deposited into the Court’s Registry.  In essence, the Tenant is stating that the amount due on the three (3) day Notice is incorrect or the amount in the Complaint is incorrect.

In almost all circumstances, the Court will set a hearing on the Tenant’s Motion to Determine Rent to ascertain the facts and to determine the correct amount of money due and owing, if any, to the Landlord.  Unless there is an error, the Court will require the Tenant to place the due and owing rent into the Court’s Registry in order to proceed with the Case.  If the Tenant fails to deposit the money into the Court’s Registry, the Landlord can move for a default and a final judgment will most likely be issued.  It is important to note that the eviction case is not heard during the Motion to Determine Rent hearing, the hearing is only limited to determine how much money is due and owing and how much money must be placed into the Court’s Registry.

Florida Statute 83.60 is on point regarding a Motion to Determine Rent.  Many Tenants use this Motion as a delay tactic to remain in the property for an extended period of time or to prolong the eviction proceedings.  It is important to realize for Landlords that all notices and complaints must be accurate as the Judge will determine the correct amount that the Tenant owes.  The Law Office of Ryan S. Shipp, PLLC is here to help.  Our team of experienced attorneys are here to assist with all of your eviction needs.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

 

 
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