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Foreclosures, Loan Modifications, Short Sales and Deeds in Lieu of Foreclosure

Foreclosures, loan modifications, short sales and deeds in lieu of foreclosure are big business today. New laws are constantly being enacted to address the recent downturn in the real estate market. For example, new federal loan programs such has HAMP (enacted pursuant to the Making Homes Affordable Act) are making more loans available to people who reside in their homes and meet certain income and expense requirements. Courts are enacting new procedures to deal with foreclosures because their numbers have increased so significantly. Also, laws have recently been passed to protect homeowners from non-lawyers who promise to secure modifications or...

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Liquidated Damages Provisions Unenforceable: Alternatives

orlando real estate litigation attorneys dewitt law firm

Published: February, 2011 The Florida Supreme Court recently ruled that a liquidated damages provision similar to that found in the Florida Bar/Florida Association of Realtors Real Estate Contract (the “FAR/BAR Contract”) is unenforceable. The Court in Lefemine v. Baron, held that a liquidated damages clause will not be enforceable if the contract also gives the non-defaulting party the right to bring an action at law for accrual damages. The Court reasoned that providing for an option to seek accrual damages means that “the parties did not have the mutual intention to stimulate to a fixed amount as their liquidated damages in the...

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Helping Your Business Succeed – The Legal Way

I've seen all too often that in an effort to get businesses up and running, business owners often throw form invoices, contracts and other business documents together just to have something for customers to sign to evidence the products or services bought or delivered. No one can fault business people for wanting to get on with business. After all, no can come in until the business is up and running. What often happens, however, is that once the business is up and running the business owner forgets that the original invoices and contracts were thrown together hurriedly. Until there is a...

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Going Through a Divorce… Knowing When to Seek Professional Help

Divorce is often a traumatic experience that strikes to the heart of families and individuals. It is often a difficult time not only emotionally but also financially. Those financial difficulties often make it harder to admit that you need professional help. To save money, many people try to handle the legal aspects of their divorce themselves. This is not usually the wisest course. Even if you and your spouse agree on the terms of your divorce, it is often prudent to have an attorney draft the marital settlement agreement and the final divorce decree. This can avoid so many problems...

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