Perry Law Firm Florida

Hurricane Erika

Everyone should review their personal and professional plans in anticipation of Hurricane Erika set to hit Florida this next week.

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DoubleTime 7.0

For those of you who use DoubleTime software to help with closings a new version – 7.0 – is being released in August, 2015.  The Fund is currently hosting training events for the same.

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CFPB/TRID Rules Pushed Back

CFPB/TRID Rules’ effective date have been pushed back from August 1, 2015 to October 1, 2015.  The Rules were pushed back, in part, to accommodate families busy with going to back to school.

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Florida’s Labyrinth: the Homestead Exemption

Under Florida law, there are multiple types of Homestead exemptions, including, but not limited to: 1) exemptions from forced sale Art. X, Section 4(a) of the Florida Constitution 2) restrictions of devise and alienation Art. X, Section 4(b) of the Florida Constitution 3) exemptions from taxation Article VII Section 6(a) of the Florida Constitution Florida’s […]

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Medicaid Planning Activities of Nonlawyers

The Florida Supreme Court has recently issued an advisory opinion concluding that, “in order to protect the public from harm” … “it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid Benefits.”  See the Florida Bar re: Advisory Opinion-Medicaid Planning Activities by Nonlawyers, […]

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When Does a Lease Terminate Pre-Petition?

Two Florida bankruptcy courts have addressed a similar issue with different results.  The scenario is common enough, a tenant and landlord enter into a lease which the tenant subsequently defaults under.  The landlord brings a cause of action for eviction, obtains a judgment and eventually a writ of possession.  But, before the writ of possession […]

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Arbitration Tolls Deadlines

Pursuant to Florida Statute 44.104 two or more parties may agree in writing to submit their issues to binding and voluntary arbitration, prior to or after a lawsuit has been filed, provided no constitutional issue is involved.  Should such an agreement be in place, then the filing of the application for said arbitration will toll […]

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Medicaid Planning Activities by Nonlawyers

The Florida Supreme Court recently issued an advisory opinion as to Medicaid planning activities by nonlawyers – SC14-211.  In short, the Court advises that it constitutes the unlicensed practice of law for a nonlawyer to draft a personal service contract and/or to determine the need for, prepare and execute a Qualified Income Trust.  In addition, […]

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CLLA Southern Region Marketing Conference

The Commercial Law League of America will be holding their Southern Region Marketing Conference in Tampa, Florida in February, 2015. To see more details follow the link – http://www.clla.org/events/default.cfm?action=event_details&event=300

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