Victim of a Crime – Can I Break My Lease?

Victim of Crime under Florida Lease
Victim of Crime under Florida Lease

Unfortunately, crime is a fact of life. Becoming a victim of a crime is unsettling, scary and can leave one feeling uncertain of what to do next. If a crime occurs at your leased residence, your first instinct may be to move, which may require breaking your lease.

 

If you have been the victim of a crime at your leased residence, you have several options. First, read your lease. If your lease states that, in the event a crime occurs at your residence you may terminate the lease, you can give your landlord the notice required in your lease and move out. Second, check your residence to determine if any conditions exist, due to the landlord’s negligence or unwillingness to perform repairs to the property, that cause the residence to be uninhabitable. These can include conditions that cause the property to be unable to be secured, such as a hole in the roof. If the property is deemed uninhabitable, after giving proper notice to your landlord, you may terminate the lease. (See Florida Statutes §83.51). Third, your lease may include an early termination clause, usually referred to as “liquidated damages”. Under this clause there is usually a monetary requirement the tenant must pay to terminate the lease prior to its expiration.

 

In Florida, a tenant is unable to automatically break their lease because a crime was committed there. But having a Florida Landlord-Tenant Attorney on your side who knows the Florida Landlord/Tenant laws can give you options to terminate your lease under those stressful circumstances and help keep you protected.

 

The Law Office of Ryan S. Shipp, PLLC and it’s experienced team of Landlord-Tenant Attorneys and support staff are here to help with all of your needs. Call us today @ (561) 699-0399 to speak with a Landlord-Tenant Attorney or visit us on the web @ shipplawoffice.com

Hurricane Losses and Prompt Notice to Insurance Carriers

Hurricane Losses and Prompt Notice to Insurance Carriers
Hurricane Losses and Prompt Notice to Insurance Carriers

Well now that hurricane season is underway for all of the folks in Florida, there are some key points that you will want to remember if you sustain damage to your home. Your homeowner’s policy is a contract, which is a gauntlet of exclusions and conditions. Exclusions are events or damages that are specifically not covered under the homeowner’s policy. Conditions are typically things that the policyholder needs to do in order to hold up his/her side of the contract. Policyholders must be very careful as to not breach the terms of the insurance policy because the insurer can use this breach as a way to avoid making payment under the policy.  An important condition for an insured to comply with is giving the insurer prompt notice of any potentially covered losses.

 

Prompt Notice

Most homeowner’s insurance policies include the condition requiring policyholders to give the insurer prompt notice of any potentially covered loss. As far as how much notice is necessary, Florida courts have interpreted phrases such as “prompt” “immediate” and “as soon as practicable” to mean that notice should be provided “with reasonable dispatch and within a reasonable time in view of all of the facts and circumstances of the particular case.” Yacht Club on the Intracoastal Condo. Ass’n, Inc. v. Lexington Ins. Co., 599 Fed.Appx. 875, 879 (11th Cir.2015).

 

What is reasonable in light of the circumstances is up for interpretation but its important to know that an insured should be telling his/her insurer about any covered loss as soon as possible and save any proof of this notice as it may be relevant if an insured ends up having to sue his/her insurance company. As such, insureds want to be in the best position to prove he/she has given timely notice to avoid denial of coverage.

 

Failure to Give Prompt Notice

If an insured fails to give prompt notice to his/her insurance carrier he/she has the ability to prove that the insurer was not prejudiced by the untimely notice. During this step, prejudice to the insurer is presumed and the insured bears the burden of proving otherwise. Bankers Ins. Co. v. Macias, 475 So.2d 1216, 1218 (Fla.1985). An insured may rebut the presumption of prejudice by showing that another insurer using competent individuals made a compete investigation of the claim. Hartford Accident and Indemnity Co. v. Mills, 171 So.2d 190, 195 (Fla. 1st DCA 1965).  The other way that an insured may rebut the presumption of prejudice is by showing that the insured had access to “substantial information” regarding the claim, creating an issue of fact whether the delay prejudiced the insurer. Robinson v. Auto Owners Ins. Co., 718 So.2d 1283, 1284 (Fla. 2d DCA 1998).

 

Having a home damaged or destroyed is an upsetting situation as it is. In times of trials and tribulations, it is important that insureds take the steps necessary as to not compound the stress of dealing with losses to their homes. Therefore, it is imperative that insureds do not fail to comply with the simple condition of putting their insurer on notice of their loss.

 

If you need assistance with hurricane related damage, contact The Law Office of Ryan S. Shipp, PLLC today @ (561) 699-0399 to see how we can help. Our office is located in Lantana, Florida. We serve South Florida.

Hurricane Damage? It’s Time for a Proof of Loss

 

Hurricane Damage Attorney
Hurricane Damage Attorney

Hopefully you didn’t sustain any hurricane or other damage to your home during this hurricane season, but if you did, it is important to know some things about submitting a proof of loss to your insurance company. An insurance policy is a contract, in which the insurer agrees to indemnify the insured policyholder for sudden and accidental covered losses in return for the policyholder’s agreement to pay a premium and comply with certain post-loss requirements. An insured’s compliance with the post-loss obligations mandated in the policy can determine liability. See State Farm Fire & Cas. Co. v. Licea, 685 So.2d 1285, 1288 (Fla.1996) Therefore, it is important that an insured obtains a certified copy of their insurance policy to assess his/her post-loss obligations.

 

The filing of a proof of loss is a typical post-loss obligation that if not complied with could result in the denial of an insurance claim. A proof of loss is a formal declaration made by the insured regarding a claim so that the insurer may determine its liability under the policy.  The insurance policy will provide what must be included in a proof of loss, so insureds should cross-reference their actual policies to ensure that nothing is missed.

 

As with many other legal matter, timing is crucial when submitting a proof of loss. The sworn statement in proof of loss usually must be submitted within 60 days from the date the insurance company requests it, but it may be required 60 days from the date of loss. As such, it is important to review the insurance policy’s section on “Duties After Loss” to determine the exact amount of time provided for under the insurance contract. Failure to timely submit a proof of loss may result in denial of an insured’s claim.

 

Florida courts have found that when an insurance contract contains a provision which applies to submitting a proof of loss an insured must give notice of the loss that implicates a potential claim without waiting for the full extent of the damages to become apparent. Kendall Lakes Towers Condo. Ass’n v. Pacific Ins. Co., No. 10-24310-CIV, 2012. Florida courts have also found that when post-loss obligations are not complied with that it is improper to compel appraisal. State Farm Ins. Co. v. Xirinachs, 163 So.3d 559 (Fla. 3RD DCA 2015). Therefore, it is important that insureds comply with all post-loss obligations under the insurance policy to maintain his/her rights under the insurance policy.

 

Proofs of loss can be complicated and small mistakes can create delays in the claims process. As such, insureds should make certain the correct policy number, claim number, policy term, date of loss and other specifics are correctly and legibly listed on the proof of loss. Additionally, public adjusters are state certified professionals representing the interests of the policyholder in the claim process.

 

If you need assistance with hurricane related damage, contact The Law Office of Ryan S. Shipp, PLLC today @ (561) 699-0399 to see how we can help. Our office is located in Lantana, Florida. We serve South Florida.

Need Florida Quit Claim Deed

Florida Quit Claim Deed

Need Florida Quit Claim Deed? Quite often our clients request our real estate attorney services for assistance with both the preparation and the recording of a Florida Quit Claim Deed.

Although a form Florida Quit Claim Deed can be purchased at your local Office Depot/Office Max, the transferring of title in real property located in the State of Florida has very strict guidelines and statutes that must be adhered to.  Those specific requirements are set forth in Florida Statute 695.26.

Additionally, many Grantors/Grantees are unaware that the conveyance of Florida real property through a Florida Quit Claim Deed can also have adverse effects to the parties. For example, if there is a mortgage on the property that is being transferred, a due on sale clause (standard clause in most mortgages) may be triggered and  the entire outstanding principal balance on the mortgage may become immediately due and owing. Also, there may be tax consequences that are not expected. Further, if the property being transferred is located within a Florida HOA or Florida COA, a violation of the association documents may occur if the Grantee(s) is not properly screened and approved.

In light of the foregoing, we always recommend consulting with a real estate attorney before handling Florida Quit Claim Deed transaction on your own. The experienced and knowledgeable real estate attorneys and support staff at The Law Office of Ryan S. Shipp, PLLC are here to assist with all steps of transferring Florida real property via a Florida Quit Claim Deed. Call us today @ (561) 699-0399 or visit us on the web @ shipplawoffice.com.

We are located in Lantana, Florida. We serve Palm Beach County and South Florida.

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West Palm Beach Escrow Deposit Dispute

Earnest Money Dispute
Escrow Deposits Dispute

What Happens When a Buyer or Seller Defaults/Breaches a Florida Residential Contract for Sales and Purchase?

Are you a Buyer, Seller or Real Estate Agent in Palm Beach County?  Are you under contract and the deal just went south? Is the title company, law firm or real estate agent/broker holding your escrow monies hostage? You may be having a West Palm Beach Escrow Deposit Dispute.

If you have already referred to your Florida Residential Contract for Sales and Purchase and it is your position that the other party is in default, and all communications with the otherside have been exhausted including both parties not signing-off on a cancellation and disbursement of escrow funds, we then need to look at the proper Florida procedures for having those escrow monies/ earnest money deposits returned.  Again, we look back to your Florida Residential Contract for Sales and Purchase for direction.

According to the 2017 Florida Residential Contract for Sales and Purchase, paragraph 16 states:

  1. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation (“Dispute”) will be settled as follows:

(a)  Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to resolve such    Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 16(b).

(b)  Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the “Mediation Rules”). The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall survive Closing or termination of this Contract.

  1. ATTORNEY’S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by this Contract, and each party will pay their own costs, expenses and fees, including attorney’s fees, incurred in conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover from the non-prevailing party costs and fees, including reasonable attorney’s fees, incurred in conducting the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.

Above information may sound a bit overwelming. And that’s ok. The Law Office of Ryan S. Shipp, PLLC and its experienced team of real estate attorneys and support staff are here to assist and work with you through all of your West Palm Beach Escrow Deposit Disputes. Whether it be commercial or residential contract, we’re here for you. The Law Office of Ryan S. Shipp, PLLC assists clients in the legal fields of Real Estate Law and Business Law in Palm Beach County and throughout South Florida.

Call us today at (561) 699-0399 or visit us at 814 W. Lantana Rd. Suite 1 | Lantana, Florida 33462. Sometimes you need a West Palm Beach Real Estate Attorney. And when you do, The Law Office of Ryan S. Shipp, PLLC is here for you.

****Call 24/7 for all of your legal needs****

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Hard Money Lender Lake Worth Florida

Hard Money Lender Lake Worth FloridaAre you looking for a Hard Money Lender in Lake Worth Florida? Do you need a private money loan today? No problem.

Clear2Close Title & Escrow, LLC is an attorney owned title company that is your #1 source in South Florida for Real Estate Closings and Hard Money Lending. Clear2Close works with an In-House Hard Money Lender. The benefit to this is that we are able to provide Borrowers with quick and timely decisions as to Borrower Loan qualification which in turns allows the Borrower to quickly close the transaction and not wait the standard approval times you would see at a traditional bank. Our Hard Money Loans are primarily made in Florida, but we have the ability to finance out of state transactions.

Typical Loan Terms:
Interest Only Loan;
Interest Rates from 9%-11%;
Term from 1-3 years; and
Loan-to-Value Ratio of no more than 60%.

Purpose of Loan:
Purchases;
Refinances and Cash-Out;
Fix and Flip; and
Short-Term and Bridge

 

*The Purpose of the Loan cannot be for the Purchase of an Owner-Occupied Homestead Property.

 

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Foreclosure- Not a Defense for FL Tenant to Withold Rent

 
Foreclosure- Not a Defense for FL Tenant to Withold Rent
Foreclosure- Not a Defense for FL Tenant to Withold Rent

As a Tenant, you have many legal and valid defenses for non-payment of rent including, but not limited to, a proper Seven (7) Day Notice for maintenance issues, and overpayment/credit of rent.  If you gain knowledge that your Landlord is in the middle of a foreclosure action on the leased property, does that give you, the Tenant, the right to not pay your monthly rent?

The quick answer is NO. Foreclosure- Not a Defense for FL Tenant to Withold Rent  As a Tenant, you are legally obligated to pay your monthly rental payment up and until excused by Florida Statutes and/or the Lease Agreement.  At the onset of the Lease, the Tenant and Landlord entered into a Lease Agreement wherein the Tenant is to pay a certain amount per month for the use and possession of the property owned by the Landlord.  If the Tenant fails to make those monthly payments, the Tenant will be in default and held liable.
The pending foreclosure action does not render the leased premises uninhabitable or untenantable.  During the foreclosure proceedings, the Tenant was not forced out of the property but retained the use and possession of the premises.  The Tenant’s obligation to pay the Landlord has not  been excused by the foreclosure proceedings up and until the Bank or a third party retains a Writ of Possession after giving proper notice pursuant to Florida Statutes.
In conclusion, the Tenant has an affirmative duty to pay the monthly rental payment during the pendency of a foreclosure proceeding.  The Tenant’s rights are not compromised by the filing of a foreclosure proceeding as the Tenant continues to use and enjoy the property. The Law Office of Ryan S. Shipp, PLLC and its dedicated team of FL foreclosure defense attorneys and FL landlord-tenant 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. 
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Florida Condominium Hurricane Preparedness and Association Emergency Powers

Hurricane season is upon us once again. Hurricane forecasters have predicted that the 2016 hurricane season will be the most active season since 2012, with 14 named storms and 3 major hurricanes predicted. Florida condominium associations and unit owners need to have plans in place before hurricane season starts in case disaster strikes. With proper planning, damage to property and persons can be mitigated if a hurricane makes landfall near your condominium residence. It is important for the Association to be ready in the event a hurricane makes landfall near the condominium residences.

Residents and the Association board members also need to be aware that Florida Statute 718.1265 grants the Association emergency powers in the event a state of emergency is declared. The emergency powers effect a wide range of issues including; shutting down utilities and other basic services, requiring residents to evacuate the condominium property, powers to contract for repairs and debris removal, powers to borrow money to fund emergency repairs, and powers regarding assessments for emergency repairs. Condominium owners, residents, and Association board members should consider all legal implications when creating a hurricane preparedness plan.

Should you have any questions regarding condominium association hurricane preparedness and the legal implications involved, The Law Office of Ryan S. Shipp, PLLC and its team of Florida condominium attorneys are here to help you with all of your Florida condominium association needs. Call us today @ (561) 699-0399 to set-up an appointment to come visit us at our Lantana, Florida office location.

Florida Condominium Association Access to Units

Pursuant to Florida Statute 718.111(5), the Condominium Association has the irrevocable right to access each unit during reasonable hours for the purposes of maintenance, repair or replacement of any common elements or of any portion of a unit to be maintained by the Association. The term “reasonable” is not defined by the Florida Statutes but it has come to mean during daylight hours.  We recommend giving prior Notice at ALL times possible. Additionally, the Association cannot reasonably be allowed or expected to enter a unit during the night hours, unless an emergency arises, and usually, notice must be given. It is also important to review the Condominium Documents and bylaws in regards to this matter as well.

Further, a Condominium Association, at the sole discretion of the Board of Directors, may enter an abandoned unit to inspect the property and adjoining common elements, make repairs to the unit, repair the unit if mols is present. A unit is deemed abandoned if the unit is the subject of a foreclosure action and no tenant appears to have resided in the property for at least 4 continuous weeks without prior notice to the Association; no tenant appears to have resided in the unit for 2 consecutive months without prior written notice.

Except in emergency situations, an Association may not enter an abandoned unit until 2 days after notice of the Association’s intent to enter the unit has been mailed or hand-delivered to the owner.

If the Association incurs costs and fees due to the access to the unit, the unit owner is responsible for this cost and it is enforceable as an assessment. In some circumstances, the Association may petition a court to appoint a receiver to lease out an abandoned unit for the benefit of the Association to offset against the rental income the Association’s costs and expenses in maintaining the unit. The Law Office of Ryan S. Shipp, PLLC and its team of Florida condominium attorneys are here to help with all of your Florida Condominium needs. Call us today at (561) 699-0399 to set up your free 20-minute consultation. We are located at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462. We serve South Florida.

Florida Condominium Association Rules & Regulations

There are many advantages to condominium ownership in Florida.  Many people enjoy the amenities, community resources, and to some extent, the rules.  Anyone who has ever lived in a condominium association in Florida is well aware that the condominium association rules and regulations can be a serious point of contention.  Rules and regulations are necessary and without them in a condominium association, chaos would reign supreme.  The last thing anyone needs, is a condominium living situation akin to Lord of the Flies.

However, there are always going to be those certain nitpicky rules that many condominium owners view as unnecessary or intrusive into their use and enjoyment of their individual condominium unit.  Many residents become quite annoyed with parking rules, notice of overnight guest rules, and overly restrictive pet regulations, just to name a few.  Usually such rules are valid and each condominium resident must adhere to them.  However, on occasion rules may be enacted improperly.  For a rule to be valid, the Board of Directors must have the authority to enact the rule.  The Declaration of Condominium or other governing documents must give the Board of Directors the authority to make the rule.  Additionally, the rule must not conflict with rights conferred in the Declaration of Condominium, other governing documents, or Chapter 718 of the Florida Statutes.  Finally, the rule must be reasonable, in that it must be in furtherance of a legitimate purpose of the Association.  If the Board of Directors decides to change certain rules, they must follow the criteria discussed above, and also give proper notice for the meeting in which rules are to be changed, as required under the Florida Condominium Act.

Should you have any questions regarding condominium association rules affecting you, The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your condominium association needs.  Call us today @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.  We are located at 814 W. Lantana Rd. Suite 1, Lantana Florida 33462

FL Asset Protection

Florida does not impose state taxes on Inheritance, estates, or gifts.  Protect your hard earned assets and leave a lasting legacy for future generations and charitable causes.

Florida has a longstanding reputation as a favorable destination for retirees.  Many people view Florida as a retirement haven because of Florida’s warm weather and easy going lifestyle.  Florida is also an advantageous domicile for retirement in terms of protecting your hard earned assets, and ensuring that the younger generations of your family will be protected long into the future.  Florida does not impose any state taxes on inheritance, estates, or gifts.  However, it is important to realize that real property, and tangible personal property located in another state, may be subject to any estate taxes imposed by the state where the property is located.  There are strategies an individual can use regarding out of state property, to ensure that such property is not subject to state inheritance or estate taxes.  Transfers of assets during your lifetime to family, friends, colleagues, and charitable organizations are one way to limit tax liability and ensure your property will be used to enrich the lives of others.

If you are interested in how you can take advantage of Florida’s favorable estate and inheritance tax climate to your advantage and other Florida asset protection strategies, contact The Law Office of Ryan S. Shipp, PLLC  (FL Asset Protection attorneys) to help you with your needs.  Call us today @ (561) 699-0399 to set-up an appointment to come visit us at our Lantana, Florida office location.

How can I Inspect the Official Records of my Condo Association in FL

As a Unit Owner in a Condominium Association in Florida, you have the absolute right to inspect the Official Records of the Condominium Association in certain situations.

More specifically, Florida Statute 718.111(12) states the the Condominium Association must maintain the following items, as their Official Records: a copy of the plans, permits, warranties and other items provided by the developer; a photocopy of the recorded declaration of condominium; a photocopy of the recorded bylaws of the Association and each amendment to the bylaws; a certified copy of the articles of incorporation of the Condominium Association, a copy of the current rules of the Condominium Association, a book or books that contain the minutes of all meetings of the Condominium Association, the board of the administration, and the unit owners, which minutes must be retained for at least 7 years; a current roster of all unit owners and their mailing addresses; all current insurance policies; a current copy of the management agreement, lease or other contract to which the Condominium Association is a party; bills of sale or transfer for all property owned by the Condominium Association; Accounting records for the Condominium Association; ballots, sign in sheets, voting proxies and other papers relating to voting; all rental records; all other written records of the Condominium Association and a copy of the Inspection report.

The Official Records of the Condominium Association must be maintained within the state of Florida for at least 7 years. Further, the records of the Condominium Association shall be available to a Unit Owner within 45 miles of the Association or within the county in which the Condominium Association is located. This is important to note if the registered agent is located in a different county. Generally, the Official Records are kept with the Management Company or the Registered Agent.

The Official Records of the Condominium Association are open to inspection by any Condominium Association member or authorized representative of the Condominium Association member. The right to inspect includes the right to make copies. The Condominium Association must make the Official Records available within 10 days of receipt of a written request. If a Unit Owner is denied access, the Unit Owner is entitled to the actual damages or minimum damages for the Condominium Association’s willful failure to comply. Florida Statutes state that the minimum damages are $50.00 per calendar day for up to 10 days. This damage clause is important to note as it makes the Condominium Association on the hook if they do not comply.

There are many reasons why a Unit Owner may want to inspect the Official Records of the Condominium Association. For example, if you want to read the Declaration of Condominium or the Bylaws, if you want to see the minutes of any and all meetings held by the Board of Directors or the Unit Owners, and if you want to ensure that the Board of Directors are following through with their fiduciary duties.

The documents that are NOT available for inspection are the documents protected by attorney/client privilege, any information obtained by a Condominium Association in connection with the approval of a Lease, sale or other transfer of a Unit; personnel records of the Condominium Association or management company; medical records of Unit Owners; and any personal information of Unit Owners such as the social security numbers and drivers licenses.

The Law Office of Ryan S. Shipp, PLLC has experienced and aggressive Condominium and Homeowners Association Attorneys that are here to help you with all of your needs.  As we represent both Condominium Associations and individual Unit Owners, we know the ins and outs of Condominium Law in Florida.  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.

South FL Hard Money Loans

According to Wikipedia, “[a] hard money loan is a specific type of asset-based loan financing through which a borrower receives funds secured by real property. Hard money loans are typically issued by private investors or companies. Interest rates are typically higher than conventional commercial or residential property loans because of the higher risk and shorter duration of the loan. Most hard money loans are used for projects lasting from a few months to a few years. Hard money is similar to a bridge loan, which usually has similar criteria for lending as well as cost to the borrowers. The primary difference is that a bridge loan often refers to a commercial property or investment property that may be in transition and does not yet qualify for traditional financing, whereas hard money often refers to not only an asset-based loan with a high interest rate, but possibly a distressed financial situation, such as arrears on the existing mortgage, or where bankruptcy and foreclosure proceedings are occurring.”

CREDIT- Source- https://en.wikipedia.org/wiki/Hard_money_loan

But are Hard Money Loans really all that bad?

That’s a loaded question.  To be quite frank, it depends on each situation. A hard money loan can benefit a Lender and Borrower if a Borrower needs cash to close quickly on a property.  If the Borrower has a piece(s) of property that can be put up as collateral, then a hard money loan may be made if the terms are right for both parties.  Additionally,  the Borrower may have unique opportunity that includes a payoff that has been discounted or maybe the Borrower is in foreclosure. Sometimes a Borrower may need a hard money loan when the Borrower doesn’t qualify for the more traditional bank loans or a property is vacant and needs a significant amount of work.

Benefits of Hard Money Loans

Flexibility. Both Borrowers and Lenders complement each other to meet the specific needs of the particular deal.  A Borrower may require different loan terms then what the Lender is offering, but the Borrower will usually pay a premium (i.e. higher interest rate, pre-payment penalty, etc). However, Lenders on a hard money transaction have the flexibility to tweak the details of the loan terms. Banks usually have more stringent restrictions and cannot offer such flexible terms.

Are you a Borrower looking to secure a South FL hard money loan? Are you a Lender that has a Borrower in default on a hard money loan in Florida?  You have come to the right place. Call The Law Office of Ryan S. Shipp, PLLC today @ (561) 699-0399 to set-up your free consultation.  We are located in Lantana Florida, we serve South Florida.

FL Collections Attorneys

The Law Office of Ryan S. Shipp, PLLC is a South Florida Debt Collections law firm dedicated to helping  businesses collect outstanding debts and accounts receivable.

For most cases, Attorney Shipp and his team work on a contingency plus costs basis. What does that exactly mean? As a client, you owe no amount for attorney’s fees unless there is money recovery.

As a Florida Collections Attorney, Attorney Shipp takes pride in servicing each client by providing them with his personal attentiveness, experience, knowledge, skill, compassion, and tenacity as well providing his clients with the absolute most competitive rates in the industry.

When it comes to collecting for his clients, Attorney Shipp has a simple three-step process.

Step 1: Pre-Suit Collections (Demand Stage)

Step 2: Filing Suit/ Litigation

Step 3: Post-Judgment Collections

To learn more about your options, request a claim form, or inquire about our competitive rates, contact the Law Office of Ryan S. Shipp, PLLC @ (561) 699-0399 or stop by our Lantana, Florida office location today. 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462.

FL Condominium Association Attaches Unit Owner’s Rental Income

Q: FL Condominium Association Attaches Unit Owner’s Rental Income

A: The short answer is that a Condominium Association (“Association”) may go after a unit owner’s rental income in Florida if the unit owner is delinquent on dues and assessments.  Pursuant to Florida Statutes, Section 718.116(11), if a unit is occupied by a Tenant and the unit owner is delinquent on dues and assessments due and owing to the Association, the Association may send a written letter to the Tenant that the Tenant pay to the Association all future monthly rental payments until the delinquency is paid in full.  The Tenant has an affirmative obligation to make all the monthly rental payments, pursuant to the Residential Lease, to the Association instead of the unit owner.

The Association must provide the Tenant with written notice either by hand delivery or via United States mail.  A verbal demand will not suffice.  The Association must also mail the written notice to the unit owner.  Thereafter, if the Tenant makes the monthly payment to the Association, the unit owner cannot state that the Tenant has not made his/her monthly rental payment and should therefore, be evicted.  Further, the Tenant has no obligation to make more than the monthly rental payment pursuant to the Residential Lease with the unit owner.

The remedies available to an Association is that the Association may sue for eviction as if the Association were a Landlord if the Tenant fails to pay the required payment pursuant to the written demand.  This is important because the Association can stand in the shoes of the unit owner but only for eviction purposes.  The Association in not otherwise considered a Landlord under chapter 83, Florida Statutes.  Have a similar issue? The Law Office of Ryan S. Shipp, PLLC is here to help. We are boutique law firm that caters to our clients with a hands-on approach. 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.

 

Florida Condominium Law – Changing the Allocation of Assessments

Florida Condominium Law

There are many condominium communities in Florida that contain different sized units.  One area of contention that surfaces between unit owners, is how assessments are allocated between different sized units.  Allocation of assessments are set forth in the declaration of condominium.

According to current Florida law, condominium units can share the expenses equally, or based on the square footage of each unit.  When a community with different sized units has an original declaration stating that all units will share equally in the common expenses, issues can arise.  Many times owners of smaller units take the position that they should pay a lower percentage of assessments, and they want to change the declaration regarding assessment allocation.  The only way to change how assessments are allocated, is to amend the declaration.  This may sound simple, but to change assessment allocations is quite difficult.

Florida Statute 718.110(4), states that unless otherwise allowed in the original declaration of condominium, the record owners of all units and all record owners of liens on the units must approve any change to the assessment allocation.  Most condominium declarations do not provide for a different method to change assessment allocation, therefore in most cases all unit owners need to approve any changes to assessment allocation.  Florida condominium associations and condominium unit owners should consult an attorney before taking any action to change assessment allocation.

The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your condominium association and homeowners association needs.  We are a boutique that caters to our clients with a hands-on approach.  Call us today  @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.

Landlord Eviction Attorney FL Cost

Shipp LawLandlord Eviction Attorney FL Cost? Are you a Florida Landlord that needs to Evict your Tenant?  The Law Office of Ryan S. Shipp, PLLC is your one stop shop for all of your Landlord-Tenant  and Real Estate Law needs.  Want to know our fees?  They are laid out below and can also be found on our website.

Residential Landlord Eviction Fee Schedule
EVICTION FOR POSSESSION ONLY (FLAT FEE) Two (2)-Tenants

The Attorney’s Fee and Legal Cost is a Flat Fee of $995.00 for an eviction for possession of two (2) tenants and it includes the following:

 

• Consultation with Attorney

• Review, Draft, and Serve Three (3) Day Notice on Tenant(s) (if necessary)

• Draft/File Complaint with Court, and Serve Tenant(s)

• Draft/File Motion and Proposed Order for Clerk’s Default

• Draft/File Non-Military Service Affidavit

• Draft/File Motion and Proposed Order for Final Judgment and Attendance at Court Hearing (if necessary)

• Draft/File Writ of Possession

The Law Office of Ryan S. Shipp, PLLC takes pride in offering its clients quality legal work, that is both timely and affordable. ***Therefore, the $995.00 Flat Fee applies to ALL residential evictions for possession only AND one Court related appearance if necessary.*** NO HIDDEN FEES OR COSTS. Additional fees and costs apply for evictions with more than two tenants, multiple court appearances, and defending potential counterclaims to the Landlord’s Complaint. Contact our office for Commercial Eviction Pricing.

Call us today at (561) 699-0399 to set-up an appointment to come into our Lantana, Florida office location.

We are located in Lantana, we serve South Florida.

Palm Beach County

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

  • Dania Beach
  • Davie
  • Deerfield Beach
  • Fort Lauderdale
  • Hallandale Beach
  • Hollywood
  • Parkland
  • Pembroke Pines
  • Pompano
Miami-Dade County

  • Aventura
  • Brickell
  • Coral Gables
  • Doral
  • Golden Beach
  • Hialeah
  • Miami
  • North Miami Beach
  • Sunny Isles Beach

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

Florida 4COP, Full Liquor license Available for Palm Beach County, FL

liquor2One of our long time clients has

The Law Office of Ryan S. Shipp, PLLC has assisted numerous clients in the process of acquiring and selling alcohol licenses, obtaining permits, and working directly with the Division of Alcoholic Beverages and Tobacco Bureau of Licensing in Florida to get these deals done. Give us a call or stop by our office at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 to help facilitate the process.

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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