Recent Blog Posts
What Due Diligence Should I Do Before Investing in Real Estate?
Due diligence is defined as “an investigation of a business or person prior to signing a contract, or an act with a certain standard of care.” When investing in real estate, due diligence is very important because most transactions are “as-is” or “buyer beware,” unless the seller does something fraudulent. So what type of… Read More »
Can I Avoid Paying Business Debts by Shutting Down the Old Business and Opening a New Business?
We received another question from one of the listeners of The Crushing Debt Podcast: “I have an S-Corporation that is overloaded with debt. I don’t think I’ll ever be able to repay the debts of the company. Can I close my old company, then open a new company free of debt?” Great question, and… Read More »
Freddie Mac Exclusionary List, Lessons Learned
I first discovered the Freddie Mac Exclusionary List years ago while preparing for a Realtor seminar on the topic of Realtor liability. Put simply, when Freddie Mac believes that you have done something to cause harm to the company, they will put you on their Exclusionary List – preventing you from participating in a… Read More »
Small Claims Court
In Florida, Small Claims Court is a division of the local county court reserved for disputes where the amount allegedly owed is $5,000 or less. Small Claims Court is less formal than County Court or Circuit Court. The pleadings, discovery, and other matters that typically drag out a County or Circuit Court case are… Read More »
Credit Unions, Cars, and Cross-Collateralization
This week, we have another question from a listener of The Crushing Debt Podcast. Rather than repeat the question (it’s a bit long) we’ll summarize it. The borrower financed his car through a credit union and also has a credit card through the same credit union. The car loan was paid off but there… Read More »
Mortgage and Chapter 7 Bankruptcy Question
“I bought a house with my ex-boyfriend, we both signed the promissory note and mortgage. Unfortunately, a few years later, we broke up and he deeded his half of the house to me, so I own the house 100%. I am current on my mortgage payments, but have not refinanced or paid off the… Read More »
My Client Filed Bankruptcy, How do I Collect?
Typically, we represent borrowers who want or need to file bankruptcy, but every so often we represent creditors – the people who are owed money. We are sometimes referred homeowner or condominium associations where the homeowner has unpaid assessments and has filed bankruptcy. Or, we will represent an individual who is owed money and… Read More »
What Family Law Fees can be Eliminated by Bankruptcy?
I have a pretty good social relationship with a fellow attorney who practices family law. However, despite that divorce attorneys are great referrals for me, this attorney never refers cases to me. One day, when I asked why over lunch, she said “When you file bankruptcy for my client or my client’s former spouse, I… Read More »
Should Separating Couples File Bankruptcy Before or After Divorce?
Money issues are often a contributing factor (some may say the main factor) when couples seek a divorce. However the divorce often fails to resolve the money issues, resulting in one, or sometimes both, of the divorcing couple still having more debt than they can afford to repay, even after completion of the divorce…. Read More »
My Landlord gave me 15 days notice to leave. Help!
One of the biggest myths we see in residential Landlord / Tenant law, one of the most common mistakes, is landlords or lessors who give the tenant or lessee 15 days’ notice to vacate or 15 days’ notice of termination of the lease. Wait, doesn’t the law allow 15 days notice on a month… Read More »
