Types of Wills in Florida

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There are several types of wills in Florida that you may want to consider as part of your estate planning process. Here are some of the most common types of wills in Florida:

  1. Formal Will: This is the most common type of will in Florida, and it is typically prepared by an attorney. A formal will must be signed by the testator (the person making the will) and two witnesses in the presence of each other. The witnesses must also sign the will in the presence of the testator. A formal will can be used to distribute your assets, name a personal representative (executor), and nominate guardians for minor children.
  2. Holographic Will: A holographic will is a handwritten will that is signed and dated by the testator but is not witnessed. In Florida, holographic wills are generally not recognized as valid, with a few exceptions such as if the will was created outside of Florida but is valid in the state where it was created.
  3. Nuncupative Will: A nuncupative will, also known as an oral or deathbed will, is a spoken declaration of the testator’s wishes that is made in the presence of witnesses. In Florida, nuncupative wills are generally not recognized as valid, except in certain limited circumstances such as for members of the armed forces who are on active duty.
  4. Self-Proving Will: A self-proving will is a type of formal will that includes a notarized affidavit signed by the testator and witnesses. This affidavit serves as evidence that the will was executed properly, which can make the probate process smoother and faster.
  5. Living Will: A living will is a legal document that outlines your wishes regarding medical treatment if you become unable to make decisions for yourself. A living will can specify the types of medical treatments you do or do not want, such as life-sustaining treatments.

It’s important to work with an experienced estate planning attorney to determine which type of will is right for you and your specific circumstances. An attorney can help ensure that your will is properly executed and meets all legal requirements in Florida.

 

How Do I Qualify For a Chapter 13?

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    • I Have Regular Income
    • I Don’t Qualify For A Chapter 7 under the Means Test
    • I want to Save a House in Foreclosure
    • I want to Save A Car From Repossion
    • My Unsecured Debts (Like Credit Cards) Are Under $419,275*
    • My Secured Debts (Like Mortgages) Are Under $1,257,850*  

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

  • *As of April 1, 2019

UnPaid Debt and Statute of Limitations

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There are two statutes of limitation (SOL) clocks involved in protecting consumers who have defaulted.

The first clock controls debt collection and the second clock controls credit reporting. The clocks are completely separate and do not influence one another whatsoever.

The First Statute of Limitations is how long the creditor can file a lawsuit for the unpaid debt . Consumers can accidentally restart the SOL clock on previously time-barred collections. For example a consumer living in FL decided to make a payment on the debt (rather than paying or settling the debt in full) this restarts the the SOL clock for debt collection allowing the creditor another five years to sue.

Certain types of debt, such as federal student loans and tax liens, will never become time-barred. There is no SOL clock and no expiration date for the collection of these obligations. Consumers with defaulted federal student loans can have their wages garnished, their tax refunds seized, and even their estates can be responsible for satisfying the unpaid debt in the event of their death. Some people may attempt to hide from this debt by moving home and changing their name records, but many firms specialize in skip trace services that debt collectors can use to relocate the absentee debtor. These checks can use anything from utility bills to job applications to help them track down an absentee debtor, and are usually very thorough and successful. It can be horrible to find yourselves in debt and not knowing what to do about it. That’s why it is important for you to know that you can find debt relief options here to help you have a clearer understanding of what you can do to control the debts that need to be paid. In an even worse case scenario, you can find yourself with multiple debts that need to be repaid, this is where an Unsecured debt consolidation loan comes into place. This way, you can have help paying off the multiple debts you acquire whilst also slowly paying off your loan in instalments. Be sure to search for the right debt relief option for you, depending on your current situation.

The second statute of Limitations is how long your credit report is affected. The credit reporting SOL clock is governed by the Fair Credit Reporting Act. The FCRA dictates when an item must be purged from a consumer’s credit report based on the type of account or financial obligation.

# of Years an Item Is Allowed to Remain on a Consumer’s Credit Report: Type of Item:
Indefinitely
  • Unpaid Tax Liens
  • Unpaid Federal Student Loans
10 Years
  • Chapter 7 Bankruptcies (10 Years from Date Filed)
  • Chapter 13 Bankruptcies (7 Years from Discharge Date, 10 Years Max)
7 Years
  • Charge-Offs
  • Judgments
  • Collections
  • Foreclosures
  • Repossessions
  • Released Tax Liens
  • Late Payments
# of Years Before a Debt Becomes Time-Barred: State:
15 KY and OH
10 IL, IN, IA, LA, MO, WV, WY
8 MT
6 AL, AK, AZ, AR, CO, CT, GA, HI, KS, ME, MA, MI, MN, NV, NJ, NM, NY, ND, OR, SD, TN, UT, VT, WA, WI
5 * FL, ID, NE, OK, RI, VA* Deficiency on Mortgage in FL is 1 year after Final Judgment of Foreclosure
4 CA, PA, TX
3 DE, MD, MS, NC, NH, SC, Washington D.C

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Document Preparation for Your Foreclosure Case

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We will prepare your pro se motion for extension of time and  answer- one day turn around once payment is received for $500.00

We accept Paypal, BitCoins, Visa and Mastercard, personal checks, and cash.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Memorial Day Sale

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Our Memorial Day Sale Now through  June 9th, 2019 pay you Chapter 7 in full at the consultation and receive $50 discount  (regular price is $795.00) for active military the discount is $100.   Call Now (727) 410-2705! Mention this post for discount.

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Where to Find us on the Web

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Where to Find us on the Web

I am all over the web, you can check out my reviews,  blogs, and ratings by clients and unpaid sources.   Unlike some of my competition,  I am not shelling out  $$$ to pay Avvo, Martindale Hubbell, Google, and many others.  My reviews are from real clients, my ratings are earned.  Please support your local small business owner.

https://carollawsonpa.com

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Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Note Worthy Foreclosure Cases March 2016

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I am extremely sad to announce that Hon. Cynthia Cox has transferred from Civil/ Foreclosure to Criminal/Mental Health in the 19th Circuit.   She was extremely helpful and knowledge. The foreclosure attorneys will greatly miss her insight and case law update. Good Luck Judge Cox in your new courtroom.

There are many recent changes to foreclosure case law that effect consumers. In an effort to keep you informed of what you may see in your foreclosure defense case, I have listed some case synopses here.  Many of these case synopsis were done by Judge Cynthia Cox in the 19th Circuit.  Judge Cox’s synopsis could not be improved upon so I posted hers in tact.

Pinellas, Pasco and Hillsborough counties are 2nd DCA and a link to the case is included.  Contact us for your foreclosure defense today.

Note Worthy Foreclosure Cases March 2016 

Ortiz v. PNC, Case No. 4D15-242 (4th DCA 3/30/16 substituted for 3/9/16 opinion) The combination of evidence (original note filed in same condition as attached copy to complaint) is sufficient to establish the Bank had actual possession of note at time of filing and had standing. Substantial compliance with conditions precedent is all that is required in foreclosures (Paragraph 22). 

Knowles v. BNY, Case No. 4D15-630 (4th DCA 3/30/16) No standing where there is no evidence that the Note was transferred into the trust prior to filing and involuntary dismissal ordered.   See also Jelic. 

Alexandre v. Scribner Village HOA, Case No. 4D15-1514 (4th DCA 3/30/16) BK petition automatically stays any further f/c action and error to enforce FJ when stay in place.   Sale should have been set aside.

Catalina v. FNMA, Case No. 15-0271 (3d DCA 3/30/16) Associations are not entitled to interest, late fees, atty fees and costs of collection under the safe harbor protection of 720.3085(2)(c) and only assessments and common HOA expenses.

Alekseyev Shapiro v. US Bank, Case No. 4D14-2668 (4th DCA 3/23/16) Trial court loses jurisdiction to vacate a “voidable” final judgment after 1 year under Rule 1.540.

Firth, Case No. 5D15-3301 (5th DCA 3/21/16) Entry of default FJ without trial when damages are unliquidated (liability only) is error – defaulted party entitled to receive notice of trial on damages. Default as to liability is not a final order.

Cornerstone v. Painted Post, Case No. 4D15-1907 (4th DCA 3/16/16)   Simply failing to make payments in Florida is not sufficient minimum contact with Florida to assert personal jurisdiction.

Geweye v. Ventures Trust, Case No. 2D14-4668 (2nd DCA 3/16/16) Original Note indorsed in blank and Assignment of mortgage (which did not assign interest in Note) did not establish standing on date of filing.   An order of substitution does not create standing.

Lentz v. Community, Case No. 3D14-0726 (3d DCA 3/9/16)   SJ reversed for Court to enforce the parties’ mediation agreement.   Although Courts cannot force banks to offer modifications, Florida’s policy is to promote settlement after the Bank attempted to alter an illusory MSA. 

Chase v. Greenwood, Case No. 5D15-832 (5th DCA 3/2/16) Failing to appear at hearing due to inadvertent secretarial error = excusable neglect and dismissal reversed per Brogdon.

Miller v. BNY, Case No. 4D15-36 (4th DCA 3/2/16)   Failure to send proper notice of acceleration is complete dismissal (as to both acceleration and past due amounts – see Holt v. Calchas substituted opinion @ 155/499).

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

HUD Enhancement Protection

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The U.S. Department of Housing and Urban Development (HUD) on Friday announced significant changes to its Distressed Asset Stabilization (DASP) program meant to offer more protections to borrowers facing foreclosure and increase non-profit participation in purchasing distressed loans.

Under the new rules, loan servicers are required to delay foreclosure on a home for a year and evaluate all borrowers facing foreclosure for participation in the government’s Home Affordable Modification Program (HAMP) or a similar loss mitigation program. Loan servicers could previously foreclose on a home six months after they received the loan and were not required to evaluate borrowers for loss mitigation programs, though they were encouraged to do so.

http://www.dsnews.com/news/04-24-2015/enhancements-to-huds-distressed-asset-program-give-borrowers-more-protection

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

FHFA Enacts New Rules for Sales of Non-Performing GSE Loans

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When Freddie Mac and Fannie Mae started selling off it’s non-performing GSEs in March 2015 it did it primarily through two sales.    Sales of NPLs by the two Enterprises generally include loans that are seriously delinquent, which are those that are 90 days or more past due. In many cases, the seriously delinquent loans in the GSE portfolios are more than a year overdue.

These loans included ones that were in bankruptcy, have resulted in double reporting on credit reports, multiple claims from the new lender / servicer of different balance amounts due and other headaches. It looks more like five nights at Freddie’s then a help to consumers.

The enhanced   requirements are as follows:

requiring bidders to identify servicing partners at the time of qualification, and also requiring bidders to complete a questionnaire to demonstrate a record of successful loan resolution through foreclosure alternatives; requiring the new servicer to evaluate all pre-2009 borrowers (other than those with a vacant property or an imminent foreclosure sale date) for the government’s Home Affordable Modification Program (HAMP), and evaluating all post-2009 borrowers for proprietary modifications; requiring servicers to apply a “waterfall of resolution tactics” before resorting to foreclosure, a waterfall that includes evaluating borrowers for HAMP eligibility or proprietary modification eligibility, short sale, or deed-in-lieu of foreclosure; encouraging servicers to sell foreclosed or REO properties to either a non-profit or someone who will occupy the property as a primary residence; requiring subsequent servicers to assume duties of the initial servicer; providing for better bidding transparency by developing a process for announcing upcoming NPL sale offerings that includes a proactive outreach to all potential bidders; and requiring buyers and servicers to report loan resolution results and borrower outcomes to Fannie Mae and Freddie Mac for four years after the NPL sale.

For More Info:

http://www.fhfa.gov/Media/PublicAffairs/Pages/Non-Performing-Loan-%28NPL%29-Sale-Requirements.aspx

http://www.dsnews.com/news/government/03-02-2015/fhfa-enacts-new-rules-sales-non-performing-gse-loans

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

FL 3rd DCA Reverses Court Order For Fraud On The Court

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The Trial Court dismissed a foreclosure action with prejudice and canceled the note and mortgage as a sanction because of failure to amend the complaint and withdraw lost note affidavits when the plaintiff had found the note.  The note was discovered 2 years into the foreclosure in the possession of the servicer.  The court issued an Order to Show Cause, neither side appeared.

the 3rd DCA reasoned that while the mortgagee’s negligence and lack of due diligence wasted the court’s time and that of opposing counsel, it did not rise to the level of fraud on the court.

http://www.3dca.flcourts.org/opinions/3D14-1015.pdf

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate