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Florida Eminent Domain and Inverse Condemnation

Florida Eminent Domain and Inverse Condemnation: the foundation of private property rights and recent changes to the Bert J. Harris Jr. Private Property Rights Protection Act of 1995. On June 21, 2011, Florida ‘s Governor Rick Scott amended Florida Statute 70.001, also known as the Bert J. Harris, Jr. Private Property Rights Protection Act. These amendments became effective July 1, 2011, and constitute an effort to strengthen private property rights in Florida. The major changes to this Act are as follows: 1. It allows a private property owner to file a claim on a temporary impact if that impact extends longer than...

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Prohibition On Gay Adoption Is Declared Unconstitutional In Florida

On September 22, 2010 the Third District Court of Appeals found that the law prohibiting homosexual adoption was unconstitutional. While this ruling only controls in a portion of the state of Florida (including Miami), its effects have been extended across the state by Governor Christ. Florida was the only state in the entire country that maintained this type of ban on gay marriage. Other states, like Arkansas and Utah, have also banned gay adoption,...

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What is Collaborative Divorce?

A collaborative divorce is a new way of going through the divorce process. It takes the family’s personal, emotional and financial business out of the hands of a judge or a mediator and allows the participants to address their unique situation in a way that gives them the most control over the outcome. Typically, a collaborative divorce involves a team of professionals to help a couple through the financial, emotional and legal issues of a divorce or separation. The collaborative process can be used by anyone involved in a domestic relationship or by anyone who needs to modify domestic agreements. The...

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Reverse Mortgages: Are They For You?

In today’s economy, many older people have seen the value of their retirement funds decline substantially. Some are struggling to make ends meet, cannot afford their medication or are living on high interest credit card debt. If you are one of these people, there may be another solution. If you and your spouse are 62 years old or older and have equity in your home, you may have the option of a reverse mortgage. A reverse mortgage allows you to tap into the equity in your home to pay off your home loan. This eliminates or reduces your monthly payments and...

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Practical Suggestions for Dealing with Distressed Property: Mortgage Foreclosure, Modifications and Refinancing

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Many people struggle to find out what to do when they are having trouble paying their mortgage or when they find their real property is under water. Nationwide, home prices are down 30% and since the 2006 real estate peak, 11 million homeowners are underwater. By under water, I mean they owe more on their property than what it is worth. Florida’s statistics are even more startling because Florida suffers from one of the worst rates of real estate depreciation. People who find they are struggling to make mortgage payments or who are under water often try to educate themselves...

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Anatomy of a Real Estate Closing

What occurs during a real estate closing and why should i consult with an attorney? A closing begins with the contract. A contract consists of an offer and acceptance regarding the material terms of the transaction. Material terms include but are not limited to the price, the closing date, the method and time of payment, and the deposit. For a contract to be valid, there must be a meeting of the minds between the parties on the material terms. I recommend that both buyers and sellers have an attorney review all contracts for purchase and sale. The most effective way to do...

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