FAQ

Where are you located?

We are located at 10205 South Dixie Highway, Suite 204, Pinecrest, FL 33156.

If you know where the Anthony’s Coal Fired Pizza is on 102 and US1, we are in that exact same yellow building. Suite 204 is on the second floor, next to the stairs on the right hand side if you are facing the building from the parking lot.

 

How do I set up an appointment? Do you charge a consultation fee?

To set up an appointment you have to call the Law Office at 305-254-4492. Once you call, you just have to ask to set up an appointment and the person you speak to will try to fit yours and the Lawyer’s schedules.

Yes. We do charge a consultation fee of $175. However, if you decide to retain our services, the $175 is then applied to the first month’s retainer fees.

If you are a Condominium or Homeowners’ Association, this consultation fee does not apply. The retainer and fees charged are different depending on whether you are an Association or individual seeking our services.

 

What do you charge?

Since the legal matter our firm handles varies, so do our legal fees.

Generally speaking, if you are seeking our services in regards to Real Estate Law, there is a flat monthly fee. All Family Law and litigation cases are charged an hourly rate.

Bankruptcy cases are charged a one-time flat fee depending on the type of Bankruptcy being filed. If you are filing for Chapter 7, the fee is $1995. On the other hand, if you are filing for Chapter 13, the fee is $3995.

If you are a Condominium or Homeowners’ Association, the fees are charged differently and can be explained in further detail upon request.

 

How do I know what Chapter to file in regards to Bankruptcy?

“Most individual debtors filing for bankruptcy relief are required to complete either Official Bankruptcy Form 22A or 22C (Statement of Current Monthly Income and calculations). Bankruptcy Form 22A is the form chapter 7 debtors will complete for “means testing” purposes; Form 22C is the form chapter 13 debtors will complete. [The Official Bankruptcy Forms can be found on the Administrative Office of the U.S. Courts Web site.]

A debtor must enter income and expense information onto the appropriate form (i.e., Form 22A or Form 22C) and then make calculations using the information entered. Some of the information needed to complete these forms, such as a debtor’s current monthly income, comes from the debtor’s own personal records. However, other information needed to complete the forms comes from the Census Bureau and the Internal Revenue Service (IRS).”  – United States Justice Department Website

Once these forms are completed, and all of the data calculated, our firm will then know they type of Chapter needing to be filed for our client. This will then lead to the type of fee that is being charged to the individual due to the amount of work needing to be completed to file Bankruptcy on behalf of our client.

What are my options once I am served with Foreclosure Paperwork?

The best thing to do is to hire an attorney to assist you with this ordeal.

There are only four options available for a homeowner who has recently received Foreclosure papers.

  1. Re-instatement – the act of bring your mortgage current by paying everything you are in arrears.

 

  1. Modification – You can apply for a modification of your monthly mortgage payments for your loan. This option is only able to end foreclosure proceedings once you have been approved for and returned a signed Final Modification Agreement.

 

  1. Short Sale- The short sale of your property means the end of foreclosure proceedings because you have sold your home for a price that can take care of what you currently owe on the property. At times, depending on the condition of the property, the sale of the property may incur a higher, price providing the seller with a bit of income to be used towards finding another home in addition to covering what is owed to the foreclosing entity.

 

  1. Deed in Lieu- When you deed in lieu the property, you are signing over the property to the foreclosing entity. Some foreclosure entities provide Cash for Keys. This program provides the homeowner a lump sum of money to move out of the property and find another place to live, in turn signing over the deed of the property. Not all banks or servicers provide this option, but it is something that can be asked about.

 

How long does a Foreclosure Case take? What about a Modification?

There is no set length of time either of these cases will take.

Foreclosures only end if a final option has been settled on – whether that is receiving a final modification or the selling of your property. However, the time it takes to get to this final process can take months or even years.

Modifications rely on the speed and ability of the servicer of the loan. Some cases run smoother and quicker than others. Once again, being approved for a final modification can take months or years. In some cases, a person may never be approved for a modification.

 

What happens if I am denied for a Modification?

If you are denied for a modification, other options may include: Short Selling the property, Deed in Lieu the property, or reinstating the mortgage by bringing the mortgage current.

 

What is the difference between the Property Management and the Association?

Property Management involves the administration of residential, commercial, and/or industrial real estate. Property Management companies are typically an office that governs and manages property that is owned by another party or entity. The property manager acts on behalf of the owner to preserve the value of the property while generating income. Managed properties include residential and vacation properties, commercial retail space, or industrial warehouse space. Property Managers are typically paid a fee and/or a percentage of the rent brought in for the property while under management.

An Association is an organization in a subdivision, planned community, or condominium that makes and enforces rules for the properties in the jurisdiction. These associations collect monthly or annual dues to pay for upkeep of common areas like, but not limited to, parks, tennis courts, elevators, and swimming pools and can levy special assessments on homeowners when the association lacks sufficient reserves to pay for unexpected repairs. Associations are also in charge of keeping the property values from falling by enforcing particular rules or regulations. Additionally, Associations also have significant legal power over property owners in their jurisdiction. For instance, they can place a lien on a property or unit if the owner falls behind on his or her dues.

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