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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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Recent Changes In Florida’s Power Of Attorney Law

Effective October 1, 2011 the requirements for a valid power of attorney in Florida changed. These changes have significant impact on estate planning issues and on how powers of attorney can be used. The following changes have been made to Florida statute 709, Florida’s power of attorney statute: 1. An individual can no longer make a “springing” power of attorney. A springing power of attorney is a power of attorney that becomes effective in the event of disability or some future event such as incapacity. There is an exception for certain military powers of attorney that become effective upon active enrollment...

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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, but those laws are limited to gay couples. In Florida the law was the most expansive, stating "No person eligible to adopt under this statute may adopt...

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