A recent development arising from the collapse of the housing market has been the rapid increase in the real estate industry practice known as short sales. As more and more homeowners find themselves in the precarious position of owing more on their homes than what they are currently worth, many homeowners have begun to consider whether taking part in a short sale might be more beneficial than going through with the normal foreclosure process or filing for bankruptcy protection. Although for some individuals a short sale might appear more beneficial than other traditional options, in many cases there are significant drawbacks to taking part in a short sale, and a host of problems that the seller does not discover until later. Before you proceed with a short sale you should consider what is discussed in this article and ask critical questions of the people who are proposing this transaction to you. In a real estate short-sale, the struggling homeowner sells his or her home for less than what is owed in hopes that the lender will accept this amount in satisfaction of the mortgage debt. Lenders are likely to agree to a short sale only where the homeowner appears to be unable to continue making payments, and only where the property’s value is less than the mortgage balance. The difference between what is owed and the selling price is known as a “deficiency.” A short sale is really only beneficial to a homeowner if he can receive a guarantee from the lender that he will not
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To answer this question briefly, a biological father has no rights to a child born while the mother was married to another man, unless the mother’s husband relinquishes his parental rights through proper procedure. In Florida, the “legal father” of a child is defined as the man to whom the mother is married when the child was born and whose name appears on the birth certificate. In the case of Slowinski v. Sweeney 38 Fla. L. Weekly D1418a (Fla. 1St DCA 2013), it was undisputed that the child was born within wedlock while the mother was married to another man and that the mother’s husband was listed as the father in the child’s birth certificate. The child resided with the maternal grandmother since birth. Upon the mother’s death, the grandmother, with the legal father’s consent, filed a petition for temporary custody, pursuant to Florida Statute section 751.03, which allows an extended family member to seek temporary custody of a child.
The biological father filed a petition for determinatin of paternity in the same county as the grandmother’s action using evidenced by DNA testing to show that he is the father and that he should have custody of the child. The biological father’s paternity action was ultimately dismissed on appeal because the court considered it a “nonexistant cause of action.” The biological father next filed a motion to intervene in the grandmother’s temporary custody case. After an evidentiary hearing on his motion, the trial court allowed the biological father to intervene in the case, finding that he qualieifed as an “extended family member” because his status as a biological father made him a “relative of a minor child within the third degree by blood or marriage to the parent.”
In Florida the types of Probate procedures are:
Summary Administration can be utilized if the value of the estate is $75,000.00 or if the decedent is dead for more than two years. The persons who receive the estate assets remain liable to creditors of the decedent for two years after date of death unless a Notice to Creditors is published.
Estate Administration is the process by which a decedent’s total estate, which includes both probate and non-probate assets, is settled. Probate assets are properties that were owned by the decedent that were not owned “jointly” with survivorship rights by another. Non-probate assets are property held in a revocable trust, joint assets, life insurance policies, retirement accounts, annuities, homestead property, automobiles, boats, etc. Some assets do not go through probate but are considered part of the estate for federal estate tax purposes, therefore if an estate is taxable, a Form 706 must be filed.
CAPE CORAL, Fla. (September 25, 2012) Liridona Sinani has joined the attorneys at Martin Law Firm announced firm principal, Steven E. Martin.
Liridona Sinani’s practice focuses primarily on family law, probate litigation and general civil litigation.
Liridona earned her Bachelor of Arts degree, with Cum Laude honors, in Political Science and International Affairs and a minor in Political Philosophy from Florida State University, where she received a full scholarship to complete her studies. It was her interest in these fields that led her to pursue an Internship at the Executive Office of the Governor in Tallahassee, FL and to later travel to Hague, Netherlands and Strasbourg, France to examine the inner workings of major international courts and tribunals, such as the International Court of Justice and the International Criminal Court.
During the last decade people of all ages have begun to utilize text messaging, email, internet browsing, or gaming features of their cellular telephones. Many people are using these features while operating a motor vehicle.
Additionally, many employees are using these features while working and driving. The use of these features increases the risk for vehicular crashes. Specifically, the use of a cellular phone has been tied to a four times greater chance of vehicle crash causing serious injury.
In a case out of Orange County, Florida a jury was faced with just this issue. A flat-bed trailer, owned by Joseph Trucking, was loaded with 3.6 tons of pre-cast concrete in Seminole County to be driven to South Florida. While negotiating a curve at only 15 miles per hour, the wooden bed of the flat-bed collapsed under the weight of the concrete. The sudden movement of the load caused the tractor trailer pulling the flat-bed trailer to flip on its left side injuring the driver.
At trial, the driver’s attorney presented evidence demonstrating that the defective condition of the flat bed was the cause of the driver’s injury. First it was shown that flat-bed trailer was in poor condition with holes in the floor of the bed as well as rotten and warped wood. Second, Joseph Trucking was shown to have knowledge of the poor condition of the flat-bed. Third, it was shown that wood used in previous repairs was not the type typically used for such repairs. Fourth, Joseph Trucking was unable to produce any maintenance or repair records for the flat-bed trailer. Fifth, the driver was able to present evidence that the concrete pieces where properly loaded and secured on the flat-bed trailer. Sixth, the driver was demonstrated to be a properly licensed commercial vehicle operator with the necessary experience. Finally, the driver was able to demonstrate that he was experienced with driving on the roadway where the accident occurred.
Whiplash-a soft tissue injury to the neck-is also called neck sprain or neck strain. It ischaracterized by a collection of symptoms that occur following damage to the neck,usually because of sudden extension (backward) and flexion (forward). The disordercommonly occurs as the result of an automobile accident and or a slip and fall, and mayinclude injury to intervertebral joints, discs and ligaments, cervical muscles, and nerveroots. Symptoms such as neck pain may be present directly after the injury or may bedelayed for several days. In addition to neck pain, other symptoms may include neckstiffness, injuries to the muscles and ligaments (myofascial injuries), headache,dizziness, abnormal sensations such as burning or prickling (known as paresthesias), orshoulder or back pain. In addition, some people experience conditions such as memoryloss, concentration impairment, nervousness/irritability, sleep disturbances, fatigue, or depression.
A low impact auto accident is generally defined as an incident that takes place atspeeds less than 10 miles per hour (mph). This type of collision usually causes the least amount of damage to the vehicles involved. Body injuries can result from any accident and that includes ones that occur with vehicles going less than 10 mph. Soft tissue injuries are the most common problem for those involved in a low impact accident.
A motor vehicle accident that takes place at speeds between under 10 mph often brings about little visible damage to the cars involved. Sometimes due to the fact that minimal damage was done to vehicle the injuries to the people in the vehicles are overlooked. This does not mean that bodily injury did not occur to the passengers during the crash. While an automobile is built to take a slow 5 to 10 mph crash that is not true for your body. In a low impact accident a person’s soft tissue can easily be damaged. The back and neck are the usual problem spots for soft tissue injuries and can result in life changing injuries. Soft tissue is a person’s ligaments, tendons and muscles. Soft tissue injuries are typically classified as contusions or bruises, sprains or strains. While these injuries may not appear as dramatic as a broken bone, if you have ever suffered from a sprained ankle or similar injury you know that they can be both painful and debilitating.