#legal blog Florida real estate attorney

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New Flood Disclosure Requirement for Florida Home Sellers

  Florida Flood Disclosure Starting October 1, 2024, Florida home sellers are now legally required to disclose flood risks to prospective buyers. This requirement, outlined in Florida Statute Section 689.302, mandates that sellers complete and provide a flood disclosure to the buyer at or before the sales contract is signed. This disclosure helps ensure buyers have a full understanding of any…

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Navigating Family and Divorce Law in Florida: Why You Need a Skilled Attorney

Family and divorce law can be some of the most challenging and emotional areas of legal practice. When relationships change and families go through transitions, it’s essential to have an experienced and compassionate attorney by your side. If you are facing a family or divorce law issue in Florida, understanding your rights and having the right legal representation is crucial. This blog explores the key aspects of family and divorce law in Florida and how a dedicated lawyer can help you through these difficult times.

Understanding Family Law in Florida

Family law encompasses a wide range of legal issues, all of which involve the most personal and sensitive aspects of life. Whether you are going through a divorce, fighting for custody of your children, or dealing with financial matters like alimony and child support, Florida family law can be complex and nuanced.

Divorce (Dissolution of Marriage)

In Florida, divorce is legally referred to as the "dissolution of marriage." Florida is a no-fault divorce state, meaning that you don’t have to prove wrongdoing (like adultery or abuse) to get a divorce. The only requirement is that one party believes the marriage is irretrievably broken. However, even with this simplified process, navigating the legal aspects of divorce, such as asset division, alimony, and child custody, can be challenging without an experienced attorney.

Child Custody and Time-Sharing

Florida law emphasizes the best interests of the child when determining custody arrangements, which are referred to as "parenting plans" and "time-sharing" in the state. Courts aim to ensure that both parents remain actively involved in the child’s life, unless there are extenuating circumstances. A Florida family lawyer can help you create a parenting plan that meets your child’s needs while protecting your parental rights.

Alimony

Alimony, or spousal support, is often one of the most contested aspects of a divorce. In Florida, there are several types of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and permanent. The type and amount of alimony awarded depend on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources. An attorney can advocate for a fair alimony arrangement, whether you are seeking support or being asked to provide it.

Child Support

Child support is a crucial element of family law, ensuring that both parents contribute to the financial upbringing of their child. Florida has specific guidelines for calculating child support, based on factors like the parents' incomes and the amount of time each parent spends with the child. A family law attorney can help ensure that child support is calculated fairly and that the needs of your child are fully met.

Property Division

Florida follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally, between the spouses. This includes assets like real estate, bank accounts, retirement funds, and even debts. An experienced lawyer can help ensure that all assets are properly valued and that you receive a fair share of the marital estate.

Domestic Violence and Protective Orders

Domestic violence is a serious issue that affects many families. If you are a victim of domestic violence, a family law attorney can help you obtain a protective order (restraining order) to ensure your safety. Conversely, if you have been accused of domestic violence, an attorney can help you navigate the legal process and protect your rights.

Why You Need a Florida Family and Divorce Lawyer

Facing a family law issue or going through a divorce can be one of the most stressful times in your life. The legal processes involved are complex, and the outcomes can have long-lasting effects on your future. Here’s why having a skilled Florida family and divorce lawyer is essential:

Expert Legal Guidance

Family and divorce law in Florida is governed by a mix of statutes, case law, and court procedures that can be difficult to navigate without professional help. A seasoned attorney will have a deep understanding of these laws and will guide you through the process, ensuring that your rights are protected every step of the way.

Tailored Legal Strategies

Every family law case is unique, with its own set of circumstances and challenges. An experienced attorney will develop a tailored legal strategy that addresses your specific needs and goals. Whether you are negotiating a settlement or preparing for a court battle, your lawyer will work to achieve the best possible outcome for your situation.

Emotional Support and Objectivity

Family law matters are often emotionally charged, making it difficult to think clearly and make rational decisions. A compassionate attorney not only provides legal representation but also offers emotional support and objective advice, helping you stay focused on what’s important.

Efficient Resolution of Disputes

Many family law issues can be resolved through mediation or negotiation, avoiding the time, expense, and stress of a courtroom battle. A skilled lawyer can represent your interests in these negotiations, helping you reach an amicable agreement that is fair and sustainable.

Protection of Your Rights

Whether you are dealing with a contentious divorce, a custody battle, or a dispute over alimony, having a lawyer ensures that your rights are protected. They will advocate on your behalf, ensuring that you are treated fairly and that the legal outcome is just.

Handling of Legal Documents and Court Procedures

Family law cases involve extensive paperwork and strict court procedures. An attorney will handle all the necessary documentation, ensuring that everything is filed correctly and on time. This helps prevent delays and mistakes that could negatively impact your case.

How a Florida Family and Divorce Lawyer Can Help You

A Florida family and divorce lawyer provides invaluable assistance in a wide range of situations. Here’s how they can support you:

Divorce Proceedings

From filing the initial petition to negotiating settlements on issues like property division, alimony, and child custody, your lawyer will guide you through the divorce process with expertise and compassion.

Custody and Support Modifications

Life circumstances change, and sometimes existing custody or support arrangements need to be modified. A lawyer can help you petition the court for modifications that reflect your current situation and ensure that your needs and your children’s needs are met.

Enforcement of Court Orders

If your ex-spouse is not complying with court orders related to custody, support, or property division, a lawyer can help you take legal action to enforce these orders and ensure that you receive what you are entitled to.

Prenuptial and Postnuptial Agreements

If you are getting married or are already married, a lawyer can help you draft a prenuptial or postnuptial agreement that protects your assets and clarifies financial arrangements in the event of a divorce.

Family and divorce law in Florida involves complex legal issues that can significantly impact your life. Whether you are going through a divorce, fighting for custody of your children, or dealing with financial matters like alimony and child support, having an experienced family and divorce lawyer on your side is crucial.

A skilled attorney from Naples Family Divorce Lawyer will provide the legal expertise, emotional support, and strategic guidance you need to navigate these challenges and achieve the best possible outcome for your case. Don’t face these difficult times alone—reach out to a trusted Florida family and divorce lawyer who can help you protect your rights and secure a brighter future for yourself and your family.

[grivaslawbradenton]

Navigating Legal Waters: Finding the Right Bradenton Lawyer for You

In the picturesque city of Bradenton, where the sun-kissed beaches meet the vibrant urban landscape, legal matters can sometimes cast shadows on life's sunny days. Whether you're facing a complex legal issue or simply need guidance on routine matters, having the right Bradenton lawyer by your side can make all the difference. In this blog post, we'll explore the key factors to consider when choosing a lawyer in Bradenton, ensuring you have a reliable legal ally to help you navigate the intricacies of the legal system.

Understanding Your Legal Needs:

Before embarking on your quest for the perfect Bradenton lawyer, it's essential to understand your legal needs. Are you dealing with a family matter, real estate transaction, or perhaps a personal injury case? Identifying your specific legal requirements will narrow down your search and help you find an attorney with expertise in the relevant field. This initial step is crucial, as it sets the foundation for a successful attorney-client relationship.

Researching Local Bradenton Lawyers:

With a plethora of legal professionals in Bradenton, finding the right fit may seem daunting. However, the internet has made the process more accessible than ever. Begin by researching local Bradenton lawyers online, exploring their websites, and reading client reviews. Look for testimonials that resonate with your situation, providing insight into the lawyer's competence, communication style, and overall satisfaction of previous clients. A well-researched decision is a step towards a positive legal experience.

Credentials and Experience Matter:

When entrusting someone with your legal matters, it's crucial to assess their credentials and experience. A qualified Bradenton lawyer should be licensed to practice law in Florida and have a background that aligns with your specific needs. Consider the attorney's years of practice, any specializations they may have, and their success rate in cases similar to yours. An experienced lawyer brings a wealth of knowledge and insights, increasing the likelihood of a favorable outcome.

Local Knowledge and Connections:

Navigating the legal landscape in Bradenton requires more than just legal expertise; it demands a deep understanding of the local community and its dynamics. A lawyer with strong local connections may have an advantage in anticipating potential challenges and providing effective solutions tailored to the region. Local knowledge can be especially beneficial in cases involving municipal laws, zoning regulations, or other area-specific legal nuances.

Communication is Key:

Effective communication is the cornerstone of a successful attorney-client relationship. When consulting with potential Bradenton lawyers, pay attention to how well they communicate complex legal concepts in simple terms. A lawyer who can explain your options clearly and keep you informed throughout the process is invaluable. Clear communication fosters trust and ensures you remain informed and empowered throughout your legal journey.

Fee Structures and Transparency:

Legal services often come with a price tag, and understanding the fee structure is crucial for financial planning. Before committing to a Bradenton lawyer, inquire about their fee arrangements. Some attorneys charge hourly rates, while others may work on a contingency basis or offer flat fees for specific services. Transparency in billing practices is essential to avoid surprises and maintain a healthy attorney-client relationship.

Initial Consultation:

Many Bradenton lawyers offer an initial consultation to discuss your case and assess whether they are the right fit for your needs. Take advantage of this opportunity to ask questions, gauge the lawyer's responsiveness, and evaluate your comfort level with them. A positive initial consultation sets the tone for a collaborative partnership and ensures both parties are on the same page.

Client-Centric Approach:

In the legal realm, a client-centric approach is a distinguishing factor that sets exceptional lawyers apart. Seek a Bradenton lawyer who prioritizes your needs, understands your goals, and is committed to achieving the best possible outcome for you. A lawyer who values open communication, respects your input, and works diligently on your behalf is a valuable asset in any legal situation.

Conclusion:

Finding the right Bradenton lawyer may require some time and research, but the investment is well worth it when it comes to securing your legal well-being. By understanding your needs, researching local lawyers, assessing credentials, prioritizing communication, and considering the local context, you can navigate the legal landscape with confidence. Remember, the right lawyer is not just a legal representative but a trusted ally on your journey through the legal waters of Bradenton. Contact us now!

[cashflowplanningforlife]

The Divorce Process - From a Financial Perspective

Thinking about getting a divorce?

Interested in making the proper preparations to protect yourself financially?

Do you want what is in the best interest financially for your family too?

Divorce is a life-changing event, and you have heard It affects over 50% of couples in the U.S. But understanding all the aspects of a divorce is more overwhelming than you thought.

Without the proper planning, it can be devastating emotionally, mentally, and especially financially.

With proper planning, it is possible to move forward and get through it.

If you are working towards a non-contested, respectful and collaborative divorce and need guidance to make that happen, consider these tips from experiences I have had. However, if you are working with a contested divorce, brace yourself, there is no way to “plan” for that.

Although, having everything in order is the first step either way.

Consider reviewing the following checklist as a helpful guideline.

1 – Hire a Good Attorney –

Find a knowledgeable and dependable legal counsel that will assist you in legal advice and the necessary filings for a divorce. If collaboration isn’t going to work make sure you hire an attorney that knows the value of settling quickly and is willing to fight for you if they need to.

2 – Gather Your Financial Documents

Make sure you have your financial documents in order before your first appointment with your attorney. You’ll need to complete a financial affidavit.

3 – Initiate the Divorce – File the Petition

The Petition for Dissolution of Marriage is the first document to file with the court clerk to start the divorce case.

4 – Know the Divorce Process

Discovery, custody evaluation, pretrial conference or mediation, trial, the decree of dissolution.

5 – Separate Marital Assets and Personal Property

Make equitable distribution of marital assets and debts, with the goal of fair distribution.

6 – Evaluate the Assets for the Divorce

Determine pre-marital assets. Move forward to current assets. Obtain appraisals by qualified third party if needed.

7 – Divvy Up the Debts

Know the two forms of debt: living expenses and community property, and how your state distributes the debts.

8 – Know the Impact the Divorce Has on Taxes

Initially, check the difference of tax rates, lost deduction and tax credits of filing separately verses jointly. Take advantage of any tax savings.

9 – Understand Tax Preparation Timing During and After the Divorce

Be aware of two important tax dates: the date the divorce petition was filed and December 31 of each year.

10 – Learn Your Rights in Florida Regarding Real Estate and Divorce

In Florida, “the marital home” is the piece of real estate property where your and your spouse spent most of your life together.

11 – Define the Terms: Child Support and Alimony

In terms of cash flow and taxes these two terms couldn’t be more different.

12 – Allocate Tax Carry-Forwards

Consider completing this negotiation prior to signing the martial settlement.

We believe that knowledge is power. We understand the importance of educating you so you’ll understand the entire financial process involved with a divorce.

Download for FREE our eBook: Divorce. What You Need to Think About From a Financial Perspective from our online eBook library.

You will come away with a few tips to help you through the divorce process.

If you need additional help from a CPA to assist you in sorting through your documents and divvying up your debt, let our professionals assist you with the financial issues that arise.

Contact us online, or call us today at our Naples office (239) 384-9688 or Fort Myers office (239) 278-0762.

– Mark

This information is based on facts, assumptions and representations as stated and authorities that are subject to change. We will not update this information for subsequent legislative or administrative changes of future judicial interpretations.

LEGAL NOTICE AND DISCLAIMER: The information within this blog is for informational and educational purposes only and is not tax advice and should not be used as such. The facts of each individual situation can have significantly different outcomes when applying tax law. The hiring of a CPA is an important decision not to be based solely on advertisements.

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How I Knew

Hello, all! It appears that, because my blog is new, I can’t redirect posts to my custom links quite yet. I decided to get started anyway and will put this post in my “the process diaries” as soon as I am able to, though!

For this first post, I’d like to give some background information on myself and how I knew law school was the right choice for me. I’m one of the typical “my mom told me I should be a lawyer from the day I was born” law students (I know, boring. Don’t worry, I didn’t use that line in my personal statement, though!). However, despite my mother’s infinite wisdom, I fought tooth and nail to go down a different path than what she envisioned for me. For a long time, I was in a dark place in my life, and with that came the ‘my parents are always wrong’ attitude.

In high school, I began to pursue theatre. I found a group of people I just loved and connected with. This love for theatre quickly turned into “I’m going to be an actress!” Then, after I graduated, life slapped me in the face pretty hard. I realized that, living in Florida, there wasn’t much opportunity for aspiring actresses. I most definitely couldn’t afford the luxuries of New York and L.A. So, head in my hands, I decided to pursue healthcare. I had always felt a pull to help others, and at the time I was not only surrounded by healthcare people, but I also worked for a local hospital as well. This was it! This was what I was meant for!

Only...it wasn’t. I was really, really bad at all of it. Science, math, anatomy, blah blah blah. It wasn’t for me. One night in 2016, I came home from class and turned on the news. On my screen was then-candidate Donald Trump, rambling once again about something he knew nothing about. And that’s when it clicked. I was so angry, so passionate, so motivated, that I quickly logged on to my student portal and changed my major to political science. I was going to run for office. I was going to be the change. I applied for an internship in the Florida Capitol at the end of 2017, and I was certain I had found my path.

I recently concluded that internship, and here’s what I learned from it: I decided to pursue law because I was passionate about helping others, not myself. Politicians, on both sides, really only care about one thing: themselves. I am still incredibly passionate about political issues. I still happily discuss and argue political issues. But law, to me, is about helping those that need it. 

Currently, my path has directed me towards doing legal work that I can make a profit with (corporate law, real estate law, contracts, something) and doing pro bono service on the side, particularly as it relates to immigration. Did you know your sixth amendment right to counsel only applies if you are in a criminal trial? Did you know that, because of this, immigrants that can’t afford an attorney are forced to represent themselves in immigration court? Did you know that some of those immigrants are children? As I stated earlier, I want to help people. My mom was right, I am meant for this career path. This is what I was put on earth to do. Even though I don’t necessarily have the fire to run for office like I did, I do have the fire to make a difference. And that is exactly what I intend on doing.

[grivaslawbradenton]

Navigating felony Waters with an Legal Professional in Bradenton, FL

The need for a dependable attorney is a common thread that unites locals in the center of Bradenton, Florida, where the vibrant neighborhood flourishes in the sunshine. Having a trusted lawyer in Bradenton, Florida, on your side is beneficial whether negotiating difficult legal issues or seeking guidance in personal or business matters. In this blog post, we'll look at the importance of hiring a lawyer in Bradenton, the range of legal issues they can help with, and how to get the best lawyer for your needs. Find out the role of an attorney in your lives by reading on if you're looking for competent legal advice in Bradenton.

The Position of an Lawyer in Bradenton, FL

In Bradenton, Florida, an attorney plays a crucial role in the city's prison system. They are knowledgeable lawyers with training and experience in many areas of the law, and they provide a wide range of services to assist Bradenton's residents, families, and organizations. Here are a few crucial jobs an attorney can perform:

1. Prison Advice and Suggest:

To help clients understand their rights and obligations under the law, attorneys offer prison recommendation and counsel. They can provide advice on a wide range of legal issues, from business transactions to personal family matters.

2. Illustration:

Lawyers represent their clients in legal proceedings, whether in court or during negotiations. They make recommendations for their clients' endeavors and push for the finest results.

3. Report Education:

In order to ensure that contracts, wills, and other legal documents are valid and protect their clients' interests, attorneys aid in their drafting and evaluation.

4. Dispute Resolution:

Lawyers aid clients in resolving conflicts through negotiation, mediation, or lawsuit. When possible, they seek out amicable resolutions but are willing to go to court if necessary.

5. Compliance and Regulation:

Attorneys help businesses in Bradenton through the complexity of business regulation by ensuring compliance with state and federal rules.

Areas of Law Protected Through Attorneys in Bradenton

In order to meet the diverse demands of the community, Bradenton, Florida, legal professionals are well-versed in a wide range of legal disciplines. The following are a few typical legal protections provided by Bradenton attorneys:

1. Family Law:

Attorneys who specialize in family law deal with issues like divorce, child custody, spousal support, and adoption. They help families deal with difficult emotions in sensitive and perceptive ways.

2. Personal Damage Regulation:

Legal specialists in Bradenton that specialize in personal injury assist those who have suffered harm as a result of another's negligence. They strive for comfortable reimbursement for medical expenses, missed wages, and pain and suffering.

3. Real Property Regulation:

Real estate lawyers help clients with all types of property transactions, such as the purchasing, selling, or leasing of real estate. They ensure that all legal aspects of the transaction are effectively handled.

4. Business and Company Law:

To assist agencies in Bradenton with business creation, contracts, employment issues, and regulatory compliance, business and company regulation attorneys give criminal advice.

5. Property Planning and Probate:

Attorneys that specialize in estate planning help clients make arrangements for the transfer of their property and the care of their loved ones after their departure. Probate attorneys provide assistance with the illegal method of estate management.

6. Criminal Protection:

Bradenton criminal defense lawyers represent anyone charged with crimes. They work to ensure relaxed fair outcomes in legal court matters and defend the rights of the accused.

Finding the Proper Legal Professional in Bradenton, FL

Finding the best attorney in Bradenton, Florida, is essential to making sure that your criminal goals are successfully accomplished. Here are some tips to help you find the best lawyer for your specific situation:

1. Decide Your Wishes:

Find the specific area of law where you need assistance. Unique lawyers concentrate on particular practice areas, therefore it's critical to find one knowledgeable in the area of your legal issue.

2. Research and Referrals:

requesting recommendations from friends, family, or coworkers who have dealt with Bradenton attorneys. Moreover, learn more about a lawyer's practice areas and credentials by conducting online research, reading reviews, and visiting their website.

3. Consultations:

Set up meetings with attorneys who have the necessary capacity to discuss your case or prison requirements. Ask them about their preferences, methods, and costs at some point throughout these discussions. Ascertain their speech pacing and whether you feel at ease running alongside them.

4. Confirm Credentials:

Verify that the attorney is in good standing with the Florida Bar association and is licensed to practice law in Florida. Their qualifications can be checked online.

5. Fee Structure:

To avoid any surprises, discuss the lawyer's price structure and payment terms in advance. While some legal practitioners charge by the hour, others could also provide fixed rates or contingency plans.

End: Your Trusted Legal Associate in Bradenton

An attorney in Bradenton, Florida, is more than just a criminal consultant; they are your dependable partner in navigating the intricacies of the criminal justice system. Having an experienced lawyer on your side can make all the difference when dealing with a personal crisis, running a business, or making future plans. Spend some time locating the best attorney in Bradenton who can provide you with the guidance and representation you require to preserve your rights and achieve your prison aspirations. Your lawyer is your advocate in this pleasant city by the Gulf, ensuring that your criminal matters are handled with compassion and understanding. Please don't hesitate to contact us if you have any legal inquiries or need a Bradenton, Florida, attorney's help. Our devoted team is available to give you the direction and assistance you require.

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New Post has been published on https://pickstofit.com/top-construction-law-rss-feeds-construction-law-sites/

Top Construction Law RSS Feeds | Construction Law Sites

RSS Feed – klconstructionlawblog.com/feed  + Follow RSS

Site – klconstructionlawblog.com

Pittsburgh, Pennsylvania, United States

About Site – We are a group of construction and infrastructure lawyers who assist our clients with the everyday issues and battles that are part of the construction and engineering industries. Subscribe to get articles on legal issues, news, and regulations concerning the construction industry. Frequency 11 posts / year Since – Apr 2005

RSS Feed – acslawyers.com/feed  + Follow RSS

Site – acslawyers.com/blog

Seattle, Washington, United States

About Site – Stay connected with the latest in construction law. Ahlers Cressman & Sleight PLLC represents general contractors, subcontractors, owners, design professionals, and suppliers involved in public and private construction projects throughout the Pacific Northwest and Alaska. Frequency 2 posts / month Since – Mar 2007

RSS Feed – constructlaw.com/feed  + Follow RSS

Site – constructlaw.com

Philadelphia, Pennsylvania, United States

About Site – Construction Law Review is an update and discussion of current trends in construction law, published by attorneys at Pepper Hamilton LLP. Frequency 2 posts / quarter Since – Sep 1995

RSS Feed – constructionlaw.uk.com/feed  + Follow RSS

Site – constructionlaw.uk.com

Kent, England, United Kingdom

About Site – Construction Law brings together the considered views of leading construction law specialist lawyers and barristers to make sure construction professionals are aware of the practical implications of developments, and the numerous pitfalls that can trap the unwary or under advised. Frequency 10 posts / day Since – Jan 2011

RSS Feed – cohenseglias.com/feed  + Follow RSS

Site – cohenseglias.com/blogs/const..

Philadelphia, Pennsylvania, United States

About Site – Construction Law Now provides the rapidly changing construction industry and those operating within it with timely and relevant information as well as practical commentary and analysis from the Cohen Seglias construction attorneys. Frequency 1 post / week Since – Aug 2010

RSS Feed – tnicholslaw.com/feed  + Follow RSS

Site – tnicholslaw.com/blog

Nashville, Tennessee, United States

About Site – The Law Office of Timothy H. Nichols, PLLC blog seeks to inform Nashville, Tennessee residents of current events and legal information about Construction. Key topics covered by this blog are Commercial Real Estate, Residential Real Estate, Construction Litigation, and Firm News. Frequency 2 posts / month Since – Dec 2017

RSS Feed – constructionlawzone.com/feed  + Follow RSS

Site – constructionlawzone.com

About Site – Construction Law Zone covers current developments and recent trends in all areas of Construction Law including legal updates & commentary from Robinson+Cole’s Construction Law Practice for professionals within the construction industry. Frequency 1 post / day Since – Nov 2014

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Coral Gables, Florida, United States

About Site – At Siegfried Rivera, we have been practicing law with personalized professionalism since 1977. Florida Construction Lawyer Blog focuses on Construction Law, Construction Contracts, Construction Litigation, and Contractor Licensing, Construction lien, Firm News, and more. Frequency 8 posts / year Since – May 2010

RSS Feed – constructionlawwatch.com/feed  + Follow RSS

Site – constructionlawwatch.com

Portland, Oregon, United States

About Site – Construction Law Watch is a blog written by Ball Janik LLP. The blog is dedicated to reporting on legal topics pertinent to the construction industry and those affected by it – be it owners, developers, or community associations. Frequency 5 posts / year Since – Sep 2013

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16 New Immigration Judges Sworn in On November 16, 2018

On November 16, 2018, the Executive Office for Immigration Review (EOIR) swore in sixteen new Immigration Judges in an investiture ceremony to sit at nine immigration courts and immigration adjudication centers [PDF version]. The sixteen new immigration judges were appointed by former U.S. Attorney General Jeff Sessions before he left his position. In this post, we will list the new immigration judges and the immigration courts on which they are now serving. To read our other posts on immigration judge investiture ceremonies, please see our article index [see index].

New York City Immigration Court

The New York City Immigration Court gained two new immigration judges.

Susan M. Beschta, Immigration Judge, New York City Immigration Court

Since being sworn in as an immigration judge, Susan Beschta tragically passed away at the age of 67 in May. We knew her to be an incredibly good person and are saddened by her loss. We are confident that she would have been a terrific immigration judge for many years. Below, we will summarize her biography from the EOIR immigration judge investiture ceremony news release. To learn more about her life, please see our obituary [see blog].

2002-2018: Assistant chief counsel and deputy chief counsel with the Office of the Chief Counsel, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in New York, New York.

2000-2002: Private practice.

1991-2000: Staff attorney, and subsequently senior attorney, with Immigration Refugee Services for Catholic Charities, in New York.

Law degree from the City University of New York School of Law in 1989.

Immigration Judge Beschta had extensive experience both in working as an attorney for ICE and with Catholic Charities in representing noncitizens seeking asylum and other forms of protection. The New York City Immigration Court would have benefitted greatly from her experience, knowledge, and temperament.

Lisa W. Ling, Immigration Judge, New York City Immigration Court

2008-2018: Assistant chief counsel with the Office of Chief Counsel, ICE, DHS, in New York, New York.

2007-2008: Judicial law clerk for EOIR through the Attorney General's Honors Program.

Law degree from New York Law School in 2007.

Immigration Judge Ling's experience comes exclusively from her work as an ICE attorney for the ten years preceding her appointment as an immigration judge.

Conroe (Texas) Immigration Court

The Conroe Immigration Court received two new immigration judges.

Mark S. Evans, Immigration Judge, Conroe Immigration Court

1997-2018: Assistant chief counsel, senior attorney, and deputy chief counsel with the Office of Chief Counsel, ICE, DHS, in Houston, Texas.

1996-1997: Assistant district attorney with the Fort Bend County District Attorney's Office in Richmond, Texas.

1991-1996: Private practice.

1987-1991: Assistant district attorney with the Harris County District Attorney's Office, in Houston, Texas.

Law degree from the University of Houston Law Center in 1987.

Immigration Judge Evans has 21 years of experience as an attorney for the former Immigration and Naturalization Service (INS) and DHS. Prior to that, he worked for two stints as a local prosecutor.

Billy J. Sapp, Immigration Judge, Conroe Immigration Court

2002-2018: Assistant chief counsel and senior attorney with the Office of Chief Counsel, ICE, DHS, in Baltimore, Maryland.

Law degree from the University of Houston Law Center in 2001.

Immigration Judge Sapp had 16 years of experience as an ICE attorney prior to taking the bench as an immigration judge.

Fort Worth (Texas) Immigration Adjudication Center

The Fort Worth Immigration Adjudication Center gained three new immigration judges.

Sarah M. Ellison, Immigration Judge, Forth Worth Immigration Adjudication Center

2017-2018: Assistant chief counsel with the Office of Chief Counsel, ICE, DHS, in Pearsall, Texas.

2014-2017: U.S. attorney with the U.S. Attorney's Office for the Southern District of Texas.

2010-2014: Assistant district attorney with the District Attorney's Office, Bexar County, in San Antonio, Texas.

2009-2010: Private practice.

Law degree from St. Mary's University School of Law in 2009.

Immigration Judge Ellison's experience was primarily as a local and federal prosecutor before working for one year as an ICE attorney.

Kelly N. Fowler, Immigration Judge, Fort Worth Immigration Adjudication Center

2017-2018: Special assistant U.S. attorney with the U.S. Attorney's Office for the Northern District of Georgia.

2008-2017: Assistant chief counsel with the Office of Chief Counsel, ICE, DHS, in Atlanta, Georgia.

2006-2008: Private practice.

Law degree from Vanderbilt University Law School in 2005.

Immigration Judge Fowler worked for almost one decade as an ICE attorney before a one-year stint as a special assistant U.S. attorney.

Christopher J. Thielmann, Immigration Judge, Fort Worth Adjudication Center

2015-2018: Assistant U.S. attorney with the U.S. Attorney's Office for the Northern District of Georgia.

2002-2015: Judge advocate with the U.S. Marine Corps.

Law degree from Florida State University College of Law in 2002; Master of Laws degree from the Judge Advocate General's Legal Center and School.

The majority of Immigration Judge Thielmann's experience came as a military lawyer, followed by a stint as a federal prosecutor.

Los Angeles Immigration Court

The Los Angeles Immigration Court gained one new immigration judge.

Daniel H. Malvin, Immigration Judge, Los Angeles Immigration Court

2016-2018: Supervisory administrative law judge with the Office of Medical Hearings and Appeals, U.S. Department of Health and Human Services (HHS), in Kansas City, Missouri.

2006-2016: Assistant chief counsel with the Office of Chief Counsel, ICE, DHS, in El Centro, and Los Angeles, California.

2012-2015: Special assistant U.S. Attorney with the U.S. Attorney's Office for the Central District of California.

1993-2006: Private practice.

Law degree from Loyola Law School in 1993.

Immigration Judge Malvin has an extensive resume of work in private practice, as a prosecutor, and as an ICE attorney. For the two years immediately preceding his investiture as an immigration judge, he worked as an administrative law judge for the HHS.

Las Vegas Immigration Court

Two new immigration judges were sworn in to sit on the Las Vegas Immigration Court.

Ann M. McDermott, Immigration Judge, Las Vegas Immigration Court

2009-2018: Senior deputy attorney general, chief deputy attorney general, and litigation bureau chief with the Nevada Office of the Attorney General, in Las Vegans.

2007-2009: Head administrator for the Real Estate Division of the State of Nevada, in Las Vegas.

2005-2007: Deputy attorney for injured workers for the State of Nevada, in Las Vegas.

2003-2005: Private practice.

Law degree from Gonzaga University School of Law in 2002.

Unlike most of the new immigration judges, Immigration Judge McDermott had no prior experience as an ICE attorney. Instead, she worked for over a decade in various capacities in the Nevada state government, with a long stint in the Nevada Attorney General's office immediately prior to her being sworn in as an immigration judge.

Lindsy M. Roberts, Immigration Judge, Las Vegas Immigration Court

2015-2018: Assistant U.S. attorney with the U.S. Attorney's Office for the District of Nevada.

2004-2015: Private practice.

Law degree from Washington and Lee University School of Law in 2003.

Like her fellow new immigration judge on the Las Vegas Immigration Court, Immigration Judge Roberts did not work previously as an ICE attorney. Instead, she worked for over a decade in private practice before becoming a federal prosecutor.

Louisville (Kentucky) Immigration Court

The Louisville Immigration Court gained three new immigration judges.

Kelly Scot Johnson, Immigration Judge, Louisville Immigration Court

2012-2018: Assistant chief counsel and deputy chief counsel with the Office of Chief Counsel, ICE, DHS, in Lumpkin, Georgia.

2010-2012: Assistant chief counsel with ICE, DHS, in Port Isabel, Texas.

2001-2010: Private practice.

Law Degree from the University of Tennessee College of Law in 2000.

Immigration Judge Johnson served for nearly a decade as an ICE attorney at two locations prior to becoming an immigration judge.

Daniel P. Kinnicutt, Immigration Judge, Louisville Immigration Court

2005-2018: Assistant U.S. attorney with the U.S. Attorney's Office for the Western District of Kentucky.

2003-2005: Assistant U.S. attorney with the U.S. Attorney's Office for the Western District of Texas.

2003-2003: Assistant U.S. attorney with the U.S. Attorney's Office for the District of Arizona.

1999-2003: Assistant U.S. attorney with the U.S. Attorney's Office for the Western District of Texas.

1994-1999: Deputy prosecuting attorney for the Pierce County Prosecuting Attorney's Office in Tacoma, Washington.

Law degree from Seattle University School of Law in 1994.

Immigration Judge Kinnicutt was a career prosecutor with nearly two decades of experience as an assistant U.S. attorney with the U.S. Department of Justice (DOJ).

Robert Quincy Ward, Immigration Judge, Louisville Immigration Court

2017-2018: Executive adviser for the Office of Legal Services, Public Protection Cabinet, Commonwealth of Kentucky.

2015-2017: Private practice.

1995-2015: Attorney with the U.S. Marine Corps.

Law Degree from University of Louisville, Brandeis School of Law in 1994.

Immigration Judge Ward's experience came primarily as a military lawyer with the U.S. Marine Corps.

Memphis Immigration Court

The Memphis Immigration Court received one new immigration judge.

Renea Maree Hansell-Barton, Immigration Judge, Memphis Immigration Court

2003-2018: Law clerk, senior attorney, assistant chief counsel, and deputy chief counsel with the Office of the Chief Counsel, ICE, DHS, in Atlanta and Memphis, Tennessee.

Law degree from Georgia State University College of Law in 2003.

Immigration Judge Hansell-Barton's experience comes exclusively from her work as an ICE attorney for the fifteen years preceding her taking the immigration bench.

Seattle Immigration Court

The Seattle Immigration Court gained one new immigration judge.

Robert B.C. McSeveney, Immigration Judge, Seattle Immigration Court

2018-2018: Superior court judge for the Chelan County Superior Court, in Washington.

2011-2017: Immigration judge for the San Diego Immigration Court.

1994-2011: Municipal court judge for the City of Kent, in Washington.

1988-1994: Private practice.

1985-1988: Deputy prosecuting attorney and assistant city attorney for the City of Bellevue, in Washington.

Law degree from University of Puget Sound Law School in 1984.

Immigration Judge McSeveney is the only former immigration judge among the new immigration judges. He returns to the bench — this time with the Seattle Immigration Court — after a six year stint as an immigration judge on the San Diego Immigration Court. He has a combined eighteen years of experience as a local judge in Washington bookending his first stint as an immigration judge.

San Francisco Immigration Court

The San Francisco Immigration Court added one new immigration judge.

Scott D. Gambill, Immigration Judge, San Francisco Immigration Court

2008-2018: Assistant chief counsel with the Office of Chief Counsel, ICE, DHS, in San Francisco.

2004-2008: Staff attorney with the Northwest Justice Project in Spokane, Washington.

1999-2004: Staff attorney with Columbia Legal Services, in Spokane.

Law degree from Gonzaga University Law School in 1999.

Immigration Judge Gambill obtained his law degree twenty years after obtaining his baccalaureate degree. Since becoming a lawyer, he worked for two legal services organizations for nine years followed by a decade as an ICE attorney.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

[wewebdesigninginflorida-blog]

Top 10 Largest Law Firms in Florida

One of the fundamental rules in marketing is to “know your competition.”  If you have no knowledge of your competition, then you have no context on how to beat that competition.   Indeed, that is part of the key to marketing – to show the customer or potential client that you can provide something that the others cannot.

The Legal Marketplace is Teeming with Competition

You know better than anyone that the competition in the legal marketplace is stiff.  It is tougher than most other service industries.  Thus, that tremendous competition for potential clients means that knowledge of your competitors is that much more significant.

That is why we are devoting this blog to the largest law firms in Florida.  Having a sense of what the “big players” in Florida do (and don’t do), can help you improve your market positioning in the legal landscape here in the Sunshine State.

If you are a member of one of the largest law firms in Florida, and you made it on the list below, then congratulations.  You are doing what needs to be done to remain a strong, going concern in the legal marketplace.

That being said, however, being the largest law firm in Florida does not always translate into being the best law firm in Florida.  In fact, if you are trying to build your book of business in a smaller firm, or have your own solo practice, there is no need to hang your head.  You are primed to position your smaller firm as the answer to large law firm issues.

Is Larger Better?

While the largest law firms in Florida have, obviously, the greatest number of attorneys and the most resources available to them, they can face particular challenges.

First, being one of the largest law firms in Florida means that it is tougher to be nimble in the face of market changes.  During economic downturns, bankruptcy work heats up.  Yet, when the market is bullish on Wall Street, bankruptcy will slow down, and corporate/commercial work might increase.  Thus, a firm that is largely focused on bankruptcy, particularly a large firm, will face challenges based on current economic forces.

Second, a large law firm faces more difficulty providing clients with that one-on-one, personalized touch.  Of course, it is certainly possible for a partner at a large law firm to ensure their clients feel cared for.  Yet, the simple ‘law of large numbers’ seems to result in larger law firms finding it harder to make their clients feel like part of the family, rather than one of many.

Those challenges present opportunities for the smaller law firms out there.  Use your firm’s “brand,” i.e., your firm’s personality and feel, to make distinctions between the bigger players in the field.  With some smart marketing moves, you can compete with the largest law firms in Florida, and come out on top.

Now let us take a look at the top 10 largest law firms in Florida, based on Florida Trend magazine’s 2018 Book of Lists, to understand them a little better.

Rank #1 – Akerman

Headquartered in Miami, boasting 410 lawyers and 10 offices in Florida alone, Akerman is at the top of the list of largest law firms in Florida.  Akerman prides itself on being “among the most forward-thinking law firms in the industry.”  Akerman specializes in middle market M&A and complex disputes, with a focus on the financial services and real estate sectors.

Rank #2 – Greenberg Traurig

Also headquartered in Miami, with 373 lawyers and 8 offices in Florida, Greenberg Traurig’s founding office is, in fact, its Miami office.  Accordingly, Greenberg has deep roots in South Florida’s business community, and markets itself has having “Miami Roots, Global Reach.”  Not a bad slogan.

Rank #3 – Holland & Knight

Holland’s headquarters, as with most of the top 10 firms in Florida, is in Miami.  Holland has 358 lawyers in 9 Florida offices.  Because Miami is a well-known stopping point for international trade, banking, real estate and construction, telecommunications, transportation and healthcare, Holland & Knight focuses its practice on those industries.

Rank #4 – Cole Scott & Kissane

Cole has 311 Florida lawyers in 11 Florida offices, with its main headquarters in Miami.  Cole is primarily a litigation law firm that tries to make sure that size does not necessarily dilute the value it places in each and every client relationship.  Also, Cole makes a point to celebrate its commitment to diversity of its workforce, which without doubt enhances the depth and quality of service it provides.

Rank #5 – GrayRobinson

Based in Orlando, GrayRobinson has 300 attorneys in 13 offices in Florida.  GrayRobinson is not only a full-service law firm, but also a full-service lobbing firm working throughout Florida and Washington, DC.  The firm’s attorneys, consultants, and regulatory professionals provide legal and lobbying services to Fortune 500 companies, businesses, banks, and local and state agencies.

Rank #6 – Shutts & Bowen

With 270 attorneys in 7 Florida offices, Shutts & Bowen is a full-service law firm that has been in existence for over a century.  Based in Miami, Shutts boasts working in over 30 distinct practices areas, including litigation, construction, financial services, corporate, M&A, securities, hospitality, insurance, real estate, taxation, and trusts and estates.  Given that the first name is “Shutts,” they cleverly market themselves by saying that “the door is always open.”

Rank #7 – Carlton Fields

This Tampa-based firm has 244 attorneys in 5 Florida offices.  The firm was founded in 1901 and focuses its practice primarily on banks and other financial service industry clients.

Rank #8 – Quintairos Prieto Wood & Boyer

Quintairos, based in Miami, has 242 attorneys in 10 Florida offices, and markets itself as the largest minority- and women-owned law firm in the country.  That is a great distinguishing characteristic, and more than justifies its slogan:  “We think differently, we act differently and we are different.”  The benefit is in the difference at Quintairos.

Rank #9 – Gunster

This West Palm Beach firm, with 182 attorneys in 13 Florida offices fashions itself as having “its fingers on the pulse of Florida’s business climate.”  It also positions itself as a “magnet” for business-savvy attorneys.

Rank #10 – Morgan & Morgan

Morgan & Morgan is an Orlando-based firm with 175 attorneys in a whopping 23 Florida offices.  Having a very victim-friendly message, Morgan & Morgan is a top personal injury law firm focused, as it says, on “protecting the people, not the powerful.”  Indeed, a compelling message in this day in age.

Conclusion

So, there you have it.  A quick synopsis of the largest law firms in Florida, and a snapshot on how they position themselves in the legal marketplace.  Now, it is your turn to show potential clients what distinguishes you from the pack.

In that regard, let Oamii, Florida’s leading digital marketing agency – focused almost solely on law firm marketing – help you distinguish yourself in a highly competitive field.

To learn more about partnering with Oamii please fill out our online contact form, or call us at 561-228-4111 today.

[duaneodavila]

What About A De Minimis Cost Exception To Unauthorized Practice Of Law?

For a long time, I’ve wanted to come up with the definitive blog post on what constitutes unauthorized practice of law. I figured that if I could develop a clear set of principles, then I could create an online tool to help solos and smalls evaluate if a particular scenario constituted practice of law and thus, help keep them out of trouble. But after dozens of false starts and a bunch of research, I’m back to where I started – without any clear, comprehensive way to define the practice of law.

Before I offer up an alternative approach, here’s an example of a common definition of “practice of law” this one from People ex Rel. Chi. Bar Asso. v. Barasch, 406 Ill. 253 (Ill. 1950):

“The “practice of law” has been defined as “`the giving of advice or rendition of any sort of service by any person, firm or corporation when the giving of such advice or rendition of such service requires the use of any degree of legal knowledge or skill.”

Here’s the problem. Essentially, the Barasch case says that an activity is the practice of law when it requires the use of legal knowledge.  So, then what kinds of activity requires legal knowledge? The practice of law. In other words, the court’s definition is completely circular.

Other cases are more activity specific – and focus on characterizing one activity or another as the practice of law. Under this approach, courts have found UPL when a non-attorney engages in refinancing an existing mortgage without attorney supervision (Doe v. McMaster, 355 S.C. 306 (S.C. 2003)), preparing a deed for another (In the Matter of Easler, 275 S.C. 400 (S.C. 1980)) or doing anything more than simply typing a bankruptcy petition. In re Guttierez, 248 B.R. 287 (Bankr. W.D. Tex. 2000).  

Maybe someday an AI-powered robot will comb through all the cases dealing with unauthorized practice and develop an algorithm to assess whether a particular activity is UPL.  But I’m not hopeful. I’ve always thought that AI tools depend upon an underlying system of logic and rules in order to build an algorithm — but which are features that are utterly lacking from most regulatory decisions. Thus, it may be years before  rulings like these  will become comprehensible to machines. And so, as we wait for tech to catch up to help us figure out what constitutes the practice of law, I thought I’d propose my own concept which is this:

Any matter that involves courts, contracts, wills, advice on rights or obligations that has a value of less than $10,000 is not the practice of law.  Admission to the bar is not required to represent clients in this category of matters.

At first glance, my approach seems arbitrary, but here’s my thinking. One of the reasons that parties are often unrepresented in certain matters is because lawyers turn down cases that don’t make sense from a financial perspective.  Most lawyers won’t litigate a $500 breach of contract action because from an economic perspective, it doesn’t make sense to bill a client 3 hours of time at $300/hour to recover $500 in damage.  Given that most lawyers won’t take these cases on, are they property characterized as legal matters at all? (yup, I can do circular logic just as well as any regulator!).

The same is true for traffic tickets. Many consumers don’t bother fighting minor speeding tickets – even if they believe they have grounds to do so. Even if a lawyer were to accept the case for free, it’s not worth it for most consumers to have to take an hour out of their day to meet with an attorney, and then a morning off from work to show up at the courthouse – all to avoid a $100 fine. And most lawyers who might accept this kind of case would need to charge a few hundred dollars to make it even remotely economically viable. To be sure, traffic tickets have characteristics of a traditional legal matter – they involve parties rights and require an appearance before the court. But if lawyers aren’t willing to take the lower value traffic ticket cases, why bother to characterize them as legal issues?

Sure there are exceptions – situations where points apply or a license could be suspended – which ups the value of the matter. But as a general rule of thumb, why do we even glorify penny-ante matters that lawyers don’t want to handle by suggesting that they’re the practice of law?

Think I’m crazy?  There’s at least some data to back up my hunch. Take a look at the  Learned Hands, an online game developed by the Suffolk Lit Lab and Stanford Law’s Legal Design Lab  that asks users to determine whether a particular question (which are aggregated from Reddit) involves a legal issue, and if so, in what practice area. I played a couple of hours worth of Learned Hands and found that my knee-jerk reaction to most of the questions was “well, maybe there’s a contract issue here or a tort issue there, but what lawyers is going to take a case that involves a $200 dry cleaning bill?). 

What would be the effect of simply exempting matters smaller than $10k from the definition of the practice of law? For starters, we’d encourage development of more sophisticated AI-powered tools to handle these matters without having the chilling effect of a UPL claim hanging over these companies and investors. Here’s a real world example out of Florida which for the past two years has been battling TIKD, a sophisticated app that handles ticket defense for clients in one fell swoop. Clients pay TIKD the citation amount and the company then hires a lawyer to challenge the ticket. If TIKD wins and the ticket is dismissed and points aren’t assessed, it keeps the fee. If points are assessed, the consumer receives a refund. Because of data that TIKD aggregates and analyzes on the ticketing process, it pretty much knows in advance how many tickets will be dismissed or how many fines will be reduced, so it can make the numbers work in the way that an individual law firm can’t.

In January 2019, a report by a Florida bar referee concluded that TIKD’s services did not constitute the practice of law because TIKD did not represent parties in court. But the Florida regulators have challenged the referee report, arguing on brief that TIKD essentially offers legal services – i.e., ticket defense to consumers and therefore is engaged in UPL. And the regulators’ brief mentions one case where a consumer’s license was at risk of suspension because TIKD did not pay a fine. These kinds of outliers are often used to ban an entire business. By contrast, under my proposed approach, TIKD would continue to be allowed to handle low value cases while more serious cases with economic consequences – such as a license suspension for a consumer who relies on his license a job – would still need to be handled by a lawyer.

The second benefit to exempting low value cases from the definition of the practice of law is that it would open the door for lawyers to handle these cases. As I mentioned earlier, most lawyers can’t make a $500 case economically viable. But there may be ways to do it if lawyers could handle these small matters not only in their local jurisdiction but on a national basis. In addition, there are many lawyers such as military wives or retired lawyers traveling the country who find themselves temporarily in a new jurisdiction where they are not licensed and may even have to take another bar exam to gain admission. Currently, lawyers in this category can take work on a contract basis for as little as $40 or $50/hour. But financially, these lawyers would be just was well off, if not more so, if they could handle a couple of small fry FKA legal matters for two or three hundred dollars a case.

Lawyers have been trying to define what constitutes the practice of law for a century or more – and have never gotten much further than the Potter Stewart-esque “I’ll know it when I see it” test. But what we do know – or can easily figure out – is the types of cases lawyers take and decline for economic reasons. And since we know that many lawyers won’t accept certain matters – like traffic tickets or tiny contract disputes or even uncontested divorces with minimal property or small estates – then why bother to call it the practice of law at all?

Image courtesy of Shutterstock

Related

What About A De Minimis Cost Exception To Unauthorized Practice Of Law? republished via Above the Law

[floridaindependent-blog]

An Expat's Guide to Buying Property In Australia

New Post has been published on https://floridaindependent.com/an-expats-guide-to-buying-property-in-australia/

An Expat's Guide to Buying Property In Australia

Sometimes you visit a country and fall so in love you’re ready to pack up and move. Many die-hard travelers feel that way about the expansive Land Down Under. But can foreigners buy property in Australia? They certainly can!

Keep reading to learn the right process for buying property in Australia as a non-resident.

A Step-By-Step Guide to Buying Property in Australia for Expats

Buying property in Australia as a foreigner is easier than many other countries, but you must seek approval in the correct way. This step-by-step guide will help you avoid any mistakes during the process.

1. Plan and Budget for Your Move

You first need to do some research, make a plan, and decide on a budget for your new Australian property. Already have a place in mind? Speak with a local real estate agent to learn about the area and what to expect regarding pricing and the location.

The price is important because Australian banks will not lend to you if you cannot verify that you can take on the debt. A realistic budget is vital to obtaining a loan.

2. Build Your Expert Team

As an expat, buying property in Australia alone is nearly impossible. You need to build a team of experts to handle various part of the buying process.

First, you need to find a conveyancer or lawyer to perform all legal work. The conveyancer will perform background searches on the property, deal with the transfer of ownership, and go over the contract before signing. Remember that the conveyancer must work or, at least, hold a license in the same state as your desired property.

You also need a mortgage broker to help you apply for a mortgage. Many specialize in helping foreigners buy property in Australia. They do not need to view the property, so they may work from anywhere in the country.

Next, hiring an accountant is not required, but often recommended. They assist you in structuring all your financials and saving money on taxes since they understand the Australian tax system.

If you cannot get to Australia before your move, you should consider hiring a buyers agent to view potential properties. They’ll help find you a great property, work with real estate agents, and negotiate an affordable deal for you.

3. Obtain Pre-Approval for Your Loan

Before you start to look for a property, you must get your loan pre-approved from a lending institution like Quantum Finance. Great properties do not stay available for long. When you get your loan pre-approved, you do not need to wait for approval and risk losing the property to someone who already has their loan secured.

A pre-approved loan also guarantees that you’ll get the loan and makes clear how much you can borrow. With this in mind, avoid properties that settle more than 3 months from your loan approval date since. It will expire before the time is up and you may forfeit your deposit.

4. Apply for a Mortgage

Once you get your loan approved, you may start the mortgage application process. This is where your mortgage broker helps navigate the complicated guidelines depending on your current situation.

Lenders offer different loans depending on if you’re an investor or private owner and whether you plan to stay temporarily or long-term.

5. Get Permission from the Foreign Investment Review Board (FIRB)

If you have a temporary visa or are a non-resident, you must obtain permission from the Foreign Investment Review Board (FIRB) before qualifying to buy property in Australia. Permanent residents do not need to worry about this step.

You do not need to apply for approval until finding a property, but be aware you will need to pay a fee after you do. Check the FIRB fee schedule for current fees based on the value of your property.

6. Search for a Property

Now you’re ready to begin your property search! Either begin investigating in person or hire a buyers agent.

7. Negotiate the Property’s Price

When negotiating the price for your wanted property, keep in mind that property in Australia generally goes for up to 10% less than the asking price. Of course, this varies by location, market, and the kind of property. Suburban homes often sell for more than the asking price.

Ask for a copy of the contract before you sign anything so your conveyancer can look it over and add any conditions if needed. One popular condition to include is that the purchase is “subject to FIRB approval.” This caveat permits you to cancel the contract in case you do not get approval.

8. Receive Formal Approval for Mortgage

Once you find a property and negotiate the conditions of the sale, it’s time to obtain your formal mortgage approval. Do not sign anything, or ask for a cooling off period with a caveat before signing, in case you do not get approval.

9. Exchange Contract and Pay Deposit

After receiving your mortgage approval and getting the okay from your conveyancer, you may exchange your contract. Most buyers ask for 10% down, but you may negotiate the deposit as well. Be aware the minimum deposit varies between states and once you commit to the property you cannot back out.

10. Obtain Approval from FIRB

Your contract should include the “subject to FIRB approval” clause with an allowance of 30 days for a decision. Make sure that the clause states you will not lose your deposit should they reject your FIRB proposal. Your conveyancer should take care of all of this for you.

11. Final Steps

After getting your FIRB approval, your bank or lending institution will send you the loan contract. Ask your mortgage broker or lawyer to review it before signing.

If you live abroad, you’ll need to visit the Australian consulate or embassy for identification and a contract witness. Or, you may give a local friend in Australia Power of Attorney to sign your loan contract for you.

12. Settlement and Receiving Your Loan

Finally, you’ve reached the settlement point where the bank advances your loan and the property enters into your hands. Your lender holds the property title until you pick up the keys. Always inspect the property one last time when you pick them up.

Find More Awesome Travel Advice Online

Thankful for this guide to buying property in Australia as an expat? Looking for more advice as a world traveler?

Travel enthusiasts should check out the Florida Independent’s blog for tons of excellent suggestions and tips. Learn how to deal with travel anxiety and lots of other travel hacks to make your next adventure even better!

[realestatementors]

Four Ways to Make Income From Your Property

We spent most of the past few months blogging about real estate trends, the effects of the pandemic, and new rules that are being administered in these very trying times.  Today we're going to throw it back to the content that helps those of you out there who own property.  That's right, no talk of the pandemic today!  If you want more of that information, go back into our news archive and you'll see plenty.  Today, we're focusing on positivity, and there is not much better than making money, so today we'll talk about how you can do that with your property.

Ways You Can Squeeze Cash Out of Your Home

You won't see us recommending the typical ways of improving home values, such as adding Hurricane Impact windows or automatic shutters that will close with a remote control.  Instead, we'll focus on ways you probably have not idea about, such as building a studio apartment in your backyard that will produce extra rental income.  While that may sound crazy, a San Francisco start-up can assist with the process.  According to an article in TechCrunch, they are doing just that, even going as far as helping with permits and construction.  If that's not feasible where you live, you can also convert portions of your home, such as your basement or attic, into a dwelling for someone who doesn't mind small quarters or perhaps as an AirBnb.

While you may give up some privacy, you can use this extra income to help offset taxes, maintenance, and utilities.  if you don't mind the guests, or don't necessarily have the need for a lot of other capital but are open to having people rent occasionally, put the money towards the principle of your home.

Renting a Room

The first step into renting out portions of your home is to know your market.  While that may sound like something bette posed for local real estate agents, it's as easy as cross referencing listings in your zip code on vacation rental websites like AirBnb and VRBO, as well as classified sites like Craigslist. If you aren't using the room, there is very little inconvenience.  Adding small touches and investing in items such as a flat screen television with a cable package can really pique a potential renters interest level and be the defining attribute that would get them to rent from you, versus someone else.  Further, a king size bed may attract different prospects as well.

Renting Your Basement or Space Above Your Garage

You can renovate your home to create spaces, which of course comes with a fee but will also increase the desirability of your home when you go to sell it.  The average cost to remodel your basement is $71,000, and you'll instantly have space you can rent out that will produce cash flow.  Further, Remodeling Magazine reported that 70% of this investment comes right back to you if you sell your home after two years.

Sure, the renovation will cost you a lot of cash, but depending on your potential rental income, this could prove to be very wise.

Build a Detached Unit

You may call it a guest house, a pod, or a shed, and they come in all shapes, sizes, and looks, but what you really have here is a detached unit that can serve as somewhere that can cash flow.  If you have the yard space and aren't giving up too much land that would otherwise be used, this can be a solid way to create income while maintaining your privacy.

Rent Your Unused Land

Even easier to do is rent out any space in your land that would accommodate someone who has a small home.  (Small being a very key word here!)

While this option always isn't the easiest one to execute, mostly due to zoning laws, you can rent out your space to the owner of an RV or camper.

Check your local laws on what you can and can't do, as you may need to attach this home to the foundation of your property, and that could cost $4,000 – $12,000.

Of course, all of these options, and many more, are part of the knowledge we bring to the table being Florida's #1 mentoring program for aspiring real estate investors.

In Summary

While we are South Florida real estate professionals, make sure you check with your local laws and always get the best advice from a reputable real estate attorney to ensure you have all of your legalities in place.  Once you have that ironed out, best of luck on your new cash flowing home!

Sources:

https://techcrunch.com/2019/07/18/rent-the-backyard/

https://www.bankrate.com/real-estate/options-for-making-money-from-your-property/

https://www.remodeling.hw.net/cost-vs-value/2017/

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[floridaindependentblog]

If you’re getting ready to buy a house, you’re probably planning to hire a real estate agent to help you through the process.

But what about a real estate attorney? Do you really need one, or can you handle the sale on your own? We’ve put together this guide to show you what a real estate attorney does and whether or not you need to hire one when buying a home.

So let’s get started!

Is a Real Estate Attorney the Same as a Real Estate Agent?

Real estate agents and real estate attorneys both play important roles when you’re buying a home, but they’re jobs are very different. Here’s a quick look at their responsibilities.

Real Estate Agents

A real estate agent helps you find a home that meets the needs of you and your family. They can give you information about the home, the neighborhood, etc., and they can negotiate the price with the seller. They’ll also help you set any terms and sign the sales contract.

Real Estate Attornies

Once you know what home you’re buying and for how much, a real estate attorney will review the contract and make sure everything is legal and correct. They may also be able to adjust the selling price or terms of the sale if the home needs repairs or if your agent has trouble negotiating with the sellers.

If something goes wrong during the selling process, your attorney will be able to solve these issues and, if necessary, represent you in court. Want to learn more about what a real estate attorney does? You can read more now.

Do You Need to Hire a Real Estate Attorney?

You’re already paying a lot of money to hire a real estate agent, so do you really need to hire a real estate attorney, too? Doesn’t the agent know enough about the sales process to ensure the contact is correct on their own?

To be honest, hiring a real estate attorney isn’t always necessary when you’re buying a home. If the sale is simple and straightforward, you and your agent may be able to handle everything on your own.

But in most cases, you’ll want to hire a real estate attorney.

Why?

First of all, buying a house comes with a lot of paperwork. If you don’t fill out this paperwork correctly, you might have to pay a fee, or you might lose the house altogether. A real estate attorney will protect you from mistakes like this because they’ll be able to manage the paperwork for you.

This means you get to relax.

Depending on where you live, you might also be required to hire a real estate agent by law. For example, you’ll have to hire an attorney if you live in any of these states:

Alabama

Connecticut

Delaware

Florida

Georgia

Kansas

Maine

Maryland

Massachusetts

Mississippi

New Hampshire

New Jersey

New York

North Dakota

Pennsylvania

Rhode Island

South Carolina

Vermont

Virginia

Washing D.C.

West Virginia

If you don’t live in one of these states, the decision of whether or not you should hire a real estate attorney is up to you. However, there are several instances where hiring one of these attornies is the better choice.

The Sale Isn’t “Cookie-Cutter”

Unless the sale of your new home is simple, you should hire a real estate attorney to help you get through the closing process. This means you’ll want to make the hire if you fit into any of these circumstances:

You’re buying a house in a different state

The house is owned by the bank

The sale is a short-sale

The house is part of an estate sale

The home has structural issues

The house is located in a problematic area (such as a flood zone)

Sales that involve any of these issues will likely mean more paperwork and extra steps. A real estate attorney will be able to walk you through the process and make sure you’re doing the right things.

You’re Buying a Commercial Property

Buying a commercial property is much more complicated than buying a residential property. They are also much more expensive, meaning there is a lot more risk involved in the process. When you’re buying a commercial building, you have to think about any zoning issues, liens, easements, environmental concerns, etc.

Because of this, you’ll want to have someone on your side who can explain the situation and walk you through the steps. They’ll also be able to ensure the sale is legal and secure.

You Want an Unusual Contract

If you have to draw up an unusual contract, you’ll want a real estate attorney to do this for you. For example, do you want to rent the home for several months or a year before you buy? You’ll have to adjust the original contract to represent this change.

A real estate agent can make sure both parties agree on the new terms and draft a contract that is clear and legal.

You Want to Stay on the Safe Side of Things

Even if the sale of the home is straightforward, hiring a real estate attorney will help you stay on the safe side of things. The buying process is long and complicated, so having an attorney on your side can give you peace of mind and help you stay calm.

Why You Should Hire a Real Estate Attorney the Next Time You Buy a New Home

While you might not have to hire a real estate attorney when you’re buying a house (depending on where you live), you probably should. They will ensure all the paperwork is correct and legal, and they can represent you if something goes wrong during the process.

Are you getting ready to buy a new home and want some other helpful tips?

Make sure you take a look at the rest of our blog!

The post Do I Need a Real Estate Attorney to Buy a House? appeared first on Florida Independent.

[keywestlou]

EMINENT DOMAIN

The legal process of eminent domain is increasing in awareness. It all has to do with Trump’ border wall.

My concern is that few understand what is involved. Many get their information from TV new shows. The political pundits rarely understand the issues. False information is given. Not intentionally. Rather from ignorance or poor preparation.

Eminent domain is a legal term. Defined it is the right of the government to take private property for public use, while requiring “just” compensation being paid the owner.

Eminent domain is the taking now and paying later owners reluctant to sell. Owners are reluctant to sell for one of two reasons. The property has been in the family for generations. Or, the owner’s attitude becomes if the government wants it, let them pay for it.

The government, at least under Trump, has a tendency to act before it is time to do so. The cart is put before the horse. An example is Texas. One hundred seventy two miles of land is intended to be walled. One hundred forty miles of that land has yet to be determined. In other words, no decision has been made yet where specifically the wall will run which obviously will control which properties are to be taken in that 140 mile stretch.

Already noises are coming out of Washington that the wall is being held up because of the reluctance of owners to sell. Not true. Cannot be true. If the majority of properties to be taken for example in Texas have not yet been designated, those owners are not saying no to the government. They have not even been approached since no determination has been made if their property will be needed.

The government makes an offer. Generally, the government low balls the offer. Hoping to purchase the property cheaply. Assume the homeowner is reluctant to sell for any reason. The government can obtain a court order rather swiftly permitting the government to acquire title.

The home owner goes to court. The homeowner is required to show that the amount offered is insufficient. Not based on fair market value.

A trial can be long. All kinds of real estate experts testifying. Thorough cross examinations detailed.

In my experience, I have never seen a property owner come out of such a court fight with less than that the government offered. Always more. In most cases, significantly more.

The cry oh the poor homeowner will be required to assume heavy legal costs. No way. At least not out of pocket. Attorneys generally take these cases on a contingency basis. Twenty five or thirty three percent of the difference between the offer and what a court has determined as fair value.

Everyone comes out ahead! I never had an unhappy client, even after paying me.

My day yesterday began with a 2:30 manicure with Tammy. Her operation busy. It’s that time of the year.

I had missed lunch. Drove down to the seaport intending to stop into Harpoon Harry’s. Good luck! I could not find a parking place within 3 blocks. It is that time of the year! Tourists galore!

Opted to drive over to the other side of town. To the Shana Key Irish Pub and Grill on Flagler. My first time. In 30 years, never stopped in.

Parking was easy. The bar huge. A very long bar. Most stools taken.

The crowd local. I doubt any tourists. Most 50-60 years old. I sensed most probably of Irish descent.

I intended to order a corned beef sandwich. A fellow nearby was eating liver and onions. Looked good. Been years since I enjoyed the dish.

I order the liver and onions. Outstanding!

I plan on returning.

I am not sure if liver and onions are an Irish dish. The menu said: “We serve traditional Celtic grub.” Whatever that means. All I know is the meal was delicious.

The College of the Florida Keys is sponsoring what should be an interesting evening. An historian speaking about “Florida’s Female Pioneers.”

The lecture is thursday January 9 at 7 pm. Admission $5 to be paid at the door.

I hope to attend.

What is the saying? As ye sow so shall ye reap. A biblical term. Appears many times in the Bible. Each time described slightly different. For example, Galatians 6:7 reads: “A man reaps what he sows.”

Trump is reaping what he has sowed. He is not a happy camper at Mar-a-Lago this holiday season. He is feeling the sting of impeachment and Pelosi. News reports indicate “his anger is boiling.” He is in a “slow burn.” The President is being deprived of “peace of mind.”

What goes around, comes around. How many people has he made unhappy!

Comments to this blog are many. Politics has increased the number dramatically. The Republicans and Democrats take each other on. You can always spot the Independent. Quiet and sane of mind.

Two interesting comments the past 2 days.

One by Jack Dorsey. A rhyme involving tweeting and the President: “He’ll tweet while you are sleeping / He’ll tweet when you’re awake / He’ll tweet when things are bad or good / He’ll tweet till things break.”

JustSaying comments frequently. I am not sure of his political affiliation. He appears to swing both ways. Comments intelligent.

Yesterday’s: Trump “soft gloved corporations, in taxes and regulations.” The result a “sugar rush economy.”

Whether I agree with a comment is immaterial. I love the exchanges that take place! We are a thinking society. At least my commentors are.

There is a new class of “disposable Americans.” Immigration judges. They are leaving the bench in increasing numbers. The primary reason is the number of Trump policy changes has “chipped” at their authority. A better reason might be they are persons of character.

So far this year, 45 have departed. That is more than double the number in 2018 and 2017 when 24 and 21 respectively left.

A joke involved. A serious one. The backlog of immigration cases is in excess of 1 million. Cases are being scheduled into future years. Which as a practical matter helps those seeking to immigrate. Most get to stay in the U.S. till their cases are resolved.

Enjoy your day!

  EMINENT DOMAIN was originally published on Key West Lou

[eldinekstrom]

These Digital Marketing Trends Are Transforming the Real Estate Market

Many businesses rely on the internet, and the real estate market is no exception. Over a decade ago, the real estate market did not prefer online marketing or trends, but this has been changing rapidly over recent years.

Prospective buyers are using their smartphones to find homes, shortening the home buying process, weaning out the homes they dislike, and saving buyers and agents time.

A Mobile-Friendly Website

Digital marketing can help your real estate business achieve success and provides limitless opportunities. Close to 85% of real estate customers conduct most of their business online. Having a user-friendly website, both desktop, and mobile-friendly, that ranks high in the search results can help your business stay ahead.

Integrate Your Website With Artificial Intelligence Marketing Software

Artificial intelligence is rapidly climbing the digital marketing ladder. Chatbots are one helpful way to produce greater leads, and an automated chat feature helps users understand their customer’s browsing patterns. Human support is available for clients who are not comfortable chatting online.

Real Estate Email Marketing Campaigns

Email marketing is still a popular digital marketing method and has had a 27% increase in the open rate of emails. It is essential to address your customers personally and include signatures and real estate logos.

Video Marketing Campaigns

Video marketing is a relatively new type of marketing, proving that a picture is worth a thousand words. Video marketing allows you to produce content in motion, getting, and keeping the attention of your audience.

Cloud-Based Services

The Cloud makes client files readily accessible and helps manage legal resources and other files at a reasonable cost. 

Social Media

Facebook, YouTube, Instagram, blogging, LinkedIn give real estate businesses an online presence to attract a larger audience and effectively market their business. 

Client-Relationship Management Systems

Client-relationship management systems allow real estate agents to improve their customer relationships by staying connected to their clients and increasing their profitability.

Automating Home Valuation 

Image-recognition technology simplifies the way people find homes. Zillow uses technology to gather information about a home. The pixel patterns allow agents to see the size of any home and how the features correlate to its value. 

Digital marketing trends are transforming the entire real estate industry. Realtors have realized the importance of the internet and have jumped on the bandwagon to stand apart from their competitors, publicize their firm, and increase sales. 

Title Services, Jupiter

Florida National Title Services

Florida National Title is available to help with many of your real estate needs. Florida National Title Services works under the supervision of attorneys Michele Lewis and Richard S. Weinstein, experienced real estate attorneys. They work to ensure the title of the home you desire is clear and marketable and that title insurance policies are properly issued. 

Florida National Title Services provides expert title services. When you are renting, we can help with every step of the way. Florida National Title has years of experience guiding Florida homebuyers through the real estate purchase and refinance experience and have helped them solve the problems that come up in the process. We will decipher the “legalese” and explain what we need and why we need it each step of the way. The blogs to follow will address specific issues to guide buyers to understand the process better and to help them avoid many of the pitfalls. Call us at (561) 408-0729 or visit our website.

Florida National Title Services, LLC 250 S. Central Blvd., Suite 101 Jupiter, Florida 33458 (561) 408-0729

© Copyright 2020. All Rights Reserved.

The post These Digital Marketing Trends Are Transforming the Real Estate Market appeared first on Florida Nation Title.

from https://www.floridanationaltitle.com/these-digital-marketing-trends-are-transforming-the-real-estate-market/

from Florida national title Jupiter title insurance company - Florida national Title Services https://floridanationaltitle.weebly.com/florida-national-title-services/these-digital-marketing-trends-are-transforming-the-real-estate-market

[emelyjbergqvist1]

These Digital Marketing Trends Are Transforming the Real Estate Market

Many businesses rely on the internet, and the real estate market is no exception. Over a decade ago, the real estate market did not prefer online marketing or trends, but this has been changing rapidly over recent years.

Prospective buyers are using their smartphones to find homes, shortening the home buying process, weaning out the homes they dislike, and saving buyers and agents time.

A Mobile-Friendly Website

Digital marketing can help your real estate business achieve success and provides limitless opportunities. Close to 85% of real estate customers conduct most of their business online. Having a user-friendly website, both desktop, and mobile-friendly, that ranks high in the search results can help your business stay ahead.

Integrate Your Website With Artificial Intelligence Marketing Software

Artificial intelligence is rapidly climbing the digital marketing ladder. Chatbots are one helpful way to produce greater leads, and an automated chat feature helps users understand their customer’s browsing patterns. Human support is available for clients who are not comfortable chatting online.

Real Estate Email Marketing Campaigns

Email marketing is still a popular digital marketing method and has had a 27% increase in the open rate of emails. It is essential to address your customers personally and include signatures and real estate logos.

Video Marketing Campaigns

Video marketing is a relatively new type of marketing, proving that a picture is worth a thousand words. Video marketing allows you to produce content in motion, getting, and keeping the attention of your audience.

Cloud-Based Services

The Cloud makes client files readily accessible and helps manage legal resources and other files at a reasonable cost. 

Social Media

Facebook, YouTube, Instagram, blogging, LinkedIn give real estate businesses an online presence to attract a larger audience and effectively market their business. 

Client-Relationship Management Systems

Client-relationship management systems allow real estate agents to improve their customer relationships by staying connected to their clients and increasing their profitability.

Automating Home Valuation

Image-recognition technology simplifies the way people find homes. Zillow uses technology to gather information about a home. The pixel patterns allow agents to see the size of any home and how the features correlate to its value. 

Digital marketing trends are transforming the entire real estate industry. Realtors have realized the importance of the internet and have jumped on the bandwagon to stand apart from their competitors, publicize their firm, and increase sales. 

Title Services, Jupiter

Florida National Title Services

Florida National Title is available to help with many of your real estate needs. Florida National Title Services works under the supervision of attorneys Michele Lewis and Richard S. Weinstein, experienced real estate attorneys. They work to ensure the title of the home you desire is clear and marketable and that title insurance policies are properly issued. 

Florida National Title Services provides expert title services. When you are renting, we can help with every step of the way. Florida National Title has years of experience guiding Florida homebuyers through the real estate purchase and refinance experience and have helped them solve the problems that come up in the process. We will decipher the “legalese” and explain what we need and why we need it each step of the way. The blogs to follow will address specific issues to guide buyers to understand the process better and to help them avoid many of the pitfalls. Call us at (561) 408-0729 or visit our website.

Florida National Title Services, LLC 250 S. Central Blvd., Suite 101 Jupiter, Florida 33458 (561) 408-0729

© Copyright 2020. All Rights Reserved.

The post These Digital Marketing Trends Are Transforming the Real Estate Market appeared first on Florida Nation Title.

from Florida Nation Title https://www.floridanationaltitle.com/these-digital-marketing-trends-are-transforming-the-real-estate-market/ from Florida national title Jupiter title insurance company https://floridanationaltitle.tumblr.com/post/626925828737007616