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Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute. Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid. In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note...

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How Does a Court Determine Child Custody or Timesharing

Many people believe that because they have spent more time with a child or have been the primary caretaker of a child that they will be granted more timesharing. This is not the case under Florida law. Florida statute section 61.13(2)(c) requires parenting plans and time-sharing plans be determined in accordance with the “best interests of the child.” Fla. Stat. § 61.13(2)(c) (2014). Under Florida Statute section 61.13(3), the best interests of the child or children are determined by evaluating twenty factors. See Fla. Stat §61.13(3) (2014). These 20 factors are outlined below for your reference. The law is clear...

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Dyck O’Neal and the Defective Notice: Defending Against Deficiency Lawsuits

Although the worst of the economic downturn appears to be over, many people are still feeling its affects. If you went through a foreclosure and did not get a waiver of deficiency, you may be one of those people. Now that the law has changed and lenders only have a year to file for a deficiency, deficiency lawsuits are becoming more and more prevalent. There are ways to defend against these lawsuits. We recently obtained a summary judgment in favor of our client who was being sued for a deficiency because the lender failed to give him proper notice...

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Abuse of Emergency Motions: Abusing the System to Protect from Abuse

family lawyer

Although our offices are located in Orlando and Tampa, I take cases all over the state of Florida. In the last few days, I have appeared in Hillsborough and Sarasota Counties and will most likely appear in several other courts next week. Seasoned attorneys recognize that courts rarely grant emergency relief. However, attorneys repeatedly file emergency motions only to be denied the relief that they are requesting. What constitutes an emergency to the client and what constitutes an emergency to the court are too very different things. Filing a frivolous emergency motion comes with great risk both to the attorney...

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Divorcing When Your Child Has ADHD

Over the past few weeks, I have seen a repeated theme in several timesharing (commonly known as custody) hearings. Parents with children diagnosed with Attention Deficit and Hyperactivity Disorder (ADHD) are routinely arguing over whether the child should be administered medication. The parent in favor of medication attempts to disparage the other parent by stating that the parent routinely fails to provide the medication to the child. Failing to administer medication to a child is a basis to deem an individual unfit to care for a minor child. The parent against the medication states that they are not failing to...

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