Florida Foreclosure Defense Lawyer Blog

Probate’s main goal is to make sure all the deceased’s debts are paid off in a fair and organized way. The person in charge of the probate is called the personal representative.  The personal representative must make every effort to provide actual notice of the probate proceeding to “known or reasonably ascertainable” creditors.  This gives creditors a…

A notice of administration is a formal document that is part of a Florida probate estate.  It is prepared by the Personal Representative and lets interested people know their rights when someone dies. The notice of administration must be served promptly in the manner provided for service of formal notice (e.g. Certified Mail return receipt requested)…

Personal representatives can be involved in various legal cases, especially those related to estates. The legal process involved with contested probate estates is termed “adversary proceedings”.  In any legal action involving the estate or the rights of its beneficiaries, the personal representative of the estate is considered an interested party under Florida Statute § 731.201(23).   What…

Occasionally, a Will is lost, and despite everyone’s best efforts, it cannot be found. In such instances, “any interested person may establish the full and precise terms of a lost or destroyed will and present it for probate.” The specific content of the will must be proven by the testimony of two disinterested witnesses. Alternatively,…

The court ordered division and forced sale of real estate owned by two or more people is known as a partition action.  It is started by the filing of a formal Complaint filed in the Circuit Court in the County where the property is located.   How are attorney fees handled in partition actions? Florida Statute 64.081…

In recent years, collectors have started purchasing significantly discounted older credit card debts to initiate collection actions. However, these collection complaints often lack copies of the original credit card applications or other documents signed by the debtor. Additionally, the debts have been repeatedly sold and resold, making the plaintiff the second or third purchaser of…

In many instances, Homeowners Associations (HOA) are required to mediate certain disputes with their members prior to filing a lawsuit, as outlined in Florida Statute (F.S.) 720.311(2)(a). In mediation, parties engage in formal settlement discussions before an impartial third party, an expert negotiator who aims to facilitate a mutually agreeable resolution.  The law specifically states…

Top 12 Florida Probate Questions  What is Probate? What is a Will? Who is involved in the probate process? What is a Personal Representative and what does a Personal Representative do? What are the Estate’s obligations to Estate creditors? What are the rights of the decedent’s surviving family? How long does Probate take? What if…

Navigating the complexities of business litigation requires a proficient law firm that understands the ins and outs of commercial disputes effectively. Welcome to Florida Foreclosure Defense Law Firm, P.A. With a sterling reputation for delivering comprehensive legal services, our firm caters to various business litigation needs proficiently. We provide legal assistance across a spectrum of…

Business contracts serve as the unshakeable bedrock upon which strong, enduring commercial relationships are constructed. Catering to a diverse array of agreements and associations, they outline the defining principles of a business relationship, thereby mitigating risks, setting mutual expectations, and forming the procedure for addressing potential disagreements. When a business engages with customers, the breach…