MOREY LAW BLOG

  • How to collect on a Florida civil judgment?

    Published On Jan 22, 2017
    So you have litigated your case in Florida and you are victorious! Now what? The judge has signed a final judgment awarding you money; however, that judgment is worth less than the paper it is written on unless you are able to collect on it. Unfortunately, all too many times, the person or company that has wronged you is “judgment proof.” That mean that even if you win the lawsuit, they have no money to collect. As the saying goes, you cannot get blood from a stone.
    Full story

  • What to Do if You are Being Sued When You Did Not Have Insurance for an Accident

    Published On May 31, 2015
    If you get sued for an accident where you did not have insurance, where you think it was your fault or not, you need to consult immediately with an attorney to determine your rights. This process can be very involved and is difficult to handle on your own. These cases are referred to as subrogation lawsuits. The consequence of getting a final judgment entered against you in one of these cases, is that your driver’s license could be suspended until the final judgment is paid off. For more information on these types of lawsuit, see two of our prior blogs:
    Full story

  • Removing Family or Friends from Your Home or Investment Property in Florida

    Published On May 31, 2015
    One of the most unfortunate situations is where the relationship breaks down between friends, or even family members, which results in the need to have the person removed from your home. Many people make the costly mistake of filing an eviction to have the person or persons removed. However, eviction is not allowed under Florida law, unless there is an agreement to pay rent. That could result in the eviction getting dismissed, losing your money on the court costs you spent to file the eviction, and unnecessary delays. The correct lawsuit to file could be ejectment or unlawful detainer.
    Full story

  • Florida has the Second Highest Number of Debt Collection Complaints in the Nation Every Month

    Published On May 31, 2015
    The Consumer Financial Protection Bureau (CFPB) recently reported that 3,428 consumers filed CFPB complaints against debt collectors in March 2014 and nearly 1,200 filed lawsuits. That’s all in one month. Many might be surprised to know that complaints from Florida were near the top of the list. Florida ranked only behind California in the number of complaints filed with the CFPB in March. Here’s a look at the top 10, according to the CFPB data: 1. California: 455 complaints
    Full story

  • Violations of Florida's Fair Debt Collection Practices Act

    Published On May 31, 2015
    The Florida Consumer Collection Practices Act (FCCPA) prohibits debt collectors from using certain types of abusive, deceptive and misleading debt collection tactics. The FCCPA is in addition to the protections provided by Federal debt collection law and may provide greater protection to Florida residents, as well as ways for you to collect money from your harassers! Section 559.72 of the FCCPA prohibits debt collectors from:
    Full story

  • What You Should Expect From Mediation

    Published On May 31, 2015
    Mediation is not intended to mimic the often adversarial process you see in court. In all actuality, often enough the purpose of mediation is simply to get the parties to communicate in the hopes of coming up with some mutually agreeable settlement. Although it is likely that each side with present what they believe are the strengths of their case and possible weaknesses in the other side position, mediation is not the place to argue who is actually right or wrong, if anyone at all.
    Full story

  • Can a Landlord Increase Rent during the Lease Term?

    Published On May 31, 2015
    Generally speaking, the lease terms cannot be unilaterally changed before the lease expires. However, when the lease is up for renewal, either of the parties may choose not to renew, or to change the terms. If the lease is month to month, each month is a new lease. Therefore the landlord may change the terms for the next month’s lease by giving the tenant notice of the new terms in writing no less than fifteen days prior to the end of the current monthly lease.
    Full story

  • Florida’s New Foreclosure Law and its Effect on the Statute of Limitation for Deficiency Judgments

    Published On May 31, 2015
    On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state. One of those changes affected the statute of limitation regarding the bank/lender’s ability to pursue deficiency judgments after a home is sold through a foreclosure auction.
    Full story

  • Do I have to Return the Tenant’s Security Deposit after they are Evicted

    Published On May 31, 2015
    Landlords often make the mistake of not considering whether they need to provide their former tenants the security deposit notice required under Florida law after the tenants are evicted. It is rare that anything happens to the Landlord as a result. The reason seems to be that once a tenant is evicted, they may think that they have waived their rights to the deposit. That may be the case; however, that may not waive the tenant’s right to receive the notice. Section 83.49 of the Florida Statutes states:
    Full story

  • What Is A Proposal for Settlement under Florida Law

    Published On May 31, 2015
    A proposal for settlement in Florida can be filed by either party to a lawsuit. Section 768.79 of the Florida Statutes provides for the proposal for settlement, a/k/a offer of judgment. Proposals for settlement are most often used in personal injury cases; however, they can be utilized in other cases as well. The proposal itself is simply an offer to pay, or an offer to receive, a certain amount of money to settle the case. For example, an insurance company might give a proposal for settlement to an injured party where they offer to pay the other party $25,000.00 to settle the case.
    Full story

  • Can a Tenant Break their Lease if the Rental Property goes into Foreclosure

    Published On May 31, 2015
    This question used to come up quite often in the early days of the foreclosure boom; however, the courts put this question to bed a long time ago. If the only issue is the pending foreclosure, the tenant does not have the right to unilaterally terminate the lease agreement. Additionally, the tenant is required to continue paying rent. In fact, if the tenant stops paying rent, they will no longer be considered “bona fide” tenants under the Federal Protecting Tenant at Foreclosure Act.
    Full story

  • Florida’s New Foreclosure Law

    Published On May 31, 2015
    On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state. The primary focus of the Act is residential real estate foreclosures, however, a number of the new foreclosure requirements also relate to commercial real estate foreclosures.
    Full story

  • Calculating Reasonable Attorney’s Fees for Prevailing Parties

    Published On May 31, 2015
    The amount of fees to which a prevailing party is entitled in any lawsuit where they are at issue are calculated following a method laid out by the Florida Supreme Court in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). This method is often referred to as the “lodestar” method, because the Court modeled it after a similar federal formula of that name. This formula is applicable where a statute authorizes an award of fees to a prevailing party. Rowe applies whether the awarded attorney’s fees are based on entitlement by statute or by contract.
    Full story

  • Has Your Homeowners’ Association Given You Proper Notice of a Meeting and Who Can Attend

    Published On May 31, 2015
    Florida Law Provides for the notice a homeowners’ association must give to its members of any meetings of the Board or Directors. Florida law also provides for who has the right to attend these meeting. Section 720.303 of the Florida Statutes states: 2) Board meetings.--
    Full story

  • Are Hotel Guests Really Guests or Are they Tenants?

    Published On May 31, 2015
    Chapter 509 of the Florida Statues deals with lodging. Generally speaking, lodging refers to hotels, motels, and inns. The term also includes other forms of lodging as well. The main types of lodging are Transient public lodging establishments and Nontransient public lodging establishments.
    Full story

  • Florida’s New Landlord-Tenant Law

    Published On May 31, 2015
    As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations, including evictions. Part II deals with residential as opposed to commercial leases. The law provides additional protections to both landlords and tenants. One of the major changes is that a landlord can now accept partial payment of rent from a tenant after posting a three day notice if the landlord follows the procedure described in the statute.
    Full story

  • Do You Need to Update You Residential Lease Agreement?

    Published On May 31, 2015
    As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations. Part II deals with residential as opposed to commercial leases. As part of the revision to this law, there are certain notices and disclosures that are required to be in residential lease agreement. If you are a landlord, have you revised your lease agreement so that it complies with Florida’s new landlord-tenant law?
    Full story

  • Do You Need To Update Your Residential Lease Agreement?

    Published On May 31, 2015
    As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations. Part II deals with residential as opposed to commercial leases. As part of the revision to this law, there are certain notices and disclosures that are required to be in residential lease agreement. If you are a landlord, have you revised your lease agreement so that it complies with Florida’s new landlord-tenant law?
    Full story

  • Florida's New Landlord Tenant Law

    Published On May 31, 2015
    As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations, including evictions. Part II deals with residential as opposed to commercial leases. The law provides additional protections to both landlords and tenants. One of the major changes is that a landlord can now accept partial payment of rent from a tenant after posting a three day notice if the landlord follows the procedure described in the statute.
    Full story

  • What if the Landlord Turns off the Utilities in the Rental Unit

    Published On May 31, 2015
    Many landlords and tenants are unaware that a landlord cannot cause any utility in a rental unit to be turned off while a tenant is in possession of the unit, even if the tenant is not paying rent. Section 83.67(1) of the Florida Statutes states:
    Full story

  • Unbalanced foreclosure bill: HB 87 offers benefits but lacks consumer protections

    Published On May 31, 2015
    Thousands of homes languishing in foreclosure are a real problem for Florida. But lawmakers aiming to clear the logjam should resist legislation that would speed up the legal process at the expense of consumers.
    Full story

  • Multiple Proposed Florida bills would speed up the foreclosure process

    Published On May 31, 2015
    TALLAHASSEE - With Florida among the slowest states to wade out of the post-boom foreclosure morass, lawmakers in Tallahassee have proposed a number of bills to speed up the process of property seizures. Two that have the backing of both the state's banking industry and Florida Realtors, are House Bill 87 and Senate Bill 1666, sponsored by Naples Republican Kathleen Passidomo and Sen. Jack Latvala, R-Clearwater, respectively. Both would accelerate the judicial foreclosure process for the benefit of lenders and real estate alike.
    Full story

  • American Winter, The Story of How the Banks have Destroyed America! It's Time to Fight back!

    Published On May 31, 2015
    Please click this link to get the whole story: http://www.youtube.com/watch?v=NbxQpCq21l0
    Full story

  • What if My Landlord Fails to Give Me Notice That They are Keeping a Portion of My Security Deposit?

    Published On May 31, 2015
    We get asked this question a lot. He is the answer I usually give:
    Full story

  • Alimony in Florida

    Published On May 31, 2015
    On for the most frequent questions we are asked at the Morey Law Firm, P.A. is, “will I get alimony,” or “how much alimony will I get.” To answer these questions, there are many factors we must consider.
    Full story

  • The Subrogation Process

    Published On May 31, 2015
    The term subrogation comes from the Latin word "subrogare," which means to "stand in the place of." If you are not responsible for an auto accident, you have the legal right to sue the negligent driver. If you accept payment for damages from your insurance company, however, you transfer this right. Subrogation means the insurance company can sue on your behalf.
    Full story

  • Defending Drivers in Subrogation Lawsuits

    Published On May 31, 2015
    Subrogation is the legal process by which an insurance company seeks reimbursement after it has already paid a claim for an accident on behalf of their insured.
    Full story

  • Protecting Tenants In Foreclosure

    Published On May 31, 2015
    Many tenants do not know what their rights are when they find out that they have been renting a home that is going through foreclosure. The Protecting Tenants at Foreclosure Act was enacted by congress as way to protect tenants who find themselves unknowing renting a home in foreclosure.
    Full story

  • The Do's and Dont's of Being a Landlord in Florida

    Published On May 31, 2015
    This guide is intended to help landlords know the do's and dont's of renting a property in Florida. Although the information is based upon my experience as a landlord tenant attorney in Orlando, FL, you find it helpful regardless of what state you live in.
    Full story

  • Foreclosure Defense Lawyers Are Not All Created Equal

    Published On May 31, 2015
    With so many foreclosure defense lawyers popping up around Orlando and other parts of Florida, it is important that every potential client do their research.
    Full story

  • How do I Evict a Tenant that has an Oral Lease Agreement?

    Published On May 31, 2015
    Whenever possible, whether you're a landlord or tenant, make sure your lease is in writing. However, if you need to evict someone on an oral lease, Florida law does provide for a procedure to allow it to happen.
    Full story

  • What can I do if a Landlord Keeps my Security Deposit?

    Published On May 31, 2015
    There are certain things that a landlord must do before they can keep your security deposit. For instance, pursuant to Florida law, a landlord must provide the tenant with notice before they can claim any portion of the deposit.
    Full story

  • What are the Landlord’s Obligations for Maintaining the Rental Property?

    Published On May 31, 2015
    All too often tenants do not know what obligations their landlord has to maintain the rental property. The first place you should look is your lease. A good lease should spell out the landlord's obligations to the tenant. You should also look at Section 83.51 of the Florida Statutes.
    Full story

  • Florida-friendly Landscaping & the not so Friendly Homeowners' Association

    Published On May 31, 2015
    Florida-friendly landscaping is defined by Florida law as: quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plants in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of storm-water runoff, and waterfront protection
    Full story

  • What issues arise when a landlord or tenant are dealing with a property in foreclosure?

    Published On May 31, 2015
    All too frequently, rental homes and condominiums throughout Orlando go into foreclosure while tenants are still living in the property.
    Full story

  • What you need to know about the tax consequences of a short sale in Florida.

    Published On May 31, 2015
    Did you know that when your lender writes off part of your debt during a short sale, it may be considered a taxable event? The forgiveness of debt may be viewed as income by the IRS and subject you to significant taxes.
    Full story

  • Eviction vs. Ejectment:

    Published On May 31, 2015
    Knowing the difference between an eviction or an action for ejectment can make all the difference when trying to get possession of real property. Depending on the relationship between the parties, Florida law dictates how the property owner must proceed.
    Full story

  • What you need know about Florida’s new Personal Injury Protection (PIP) Law taking effect January 2013.

    Published On May 31, 2015
    On January 1, 2013, Florida will be enacting new Personal Injury Protection (PIP) laws. These laws could have a significant effect on what benefits you receive if you're involved in a car accident. As an auto accident victim it's important you know your rights.
    Full story

  • Top Five Things to Know about Renting a Home or Apartment in Orlando

    Published On May 31, 2015
    Whether you are renting an apartment in a complex or renting a house from a private owner, there are certain things you should consider before taking the plunge. Apartment complexes often offer the convenience of quick repairs, common area maintenance, and certain amenities like a pool or gym. Similarly, renting from a private homeowner often allows you to develop a more personal relationship with your landlord without many of the rules and regulations that complexes force you to abide by.
    Full story