New Florida Law Curtails Mortgage Foreclosure Defense By Bankruptcy Debtors

Jon Alper Bankruptcy, Mortgage Foreclosure

During the mortgage crises of 2008 through 2010 many of my clients were desparate to hold on to their homes that were under water and facing foreclosure. Some attorneys began to specialize in the area of foreclosure defense. These attorneys were skilled and delaying bank foreclosure actions during which time the homeowner occupied their home without making mortgage payments. People …

In What State Is My Financial Account Located?

Jon Alper Florida Asset Protection Planning

Many Florida residents have securities accounts at national financial firms such as Fidelity, Schwab etc. These national firms have home offices in states outside of Florida. Some do not have retail offices in Florida. One of my clients had established a tenants by entireties account at a national financial firm with no retail Florida offices He asked whether his account …

Is Debtor’s Separate Money In To An Entireties Bank A Fraudulent Transfer?

Jon Alper Fraudulent Transfers

A debtor’s transfer of non-exempt cash to avoid collection of a judgment can be reversed as a fraudulent transfer. The fraudulent transfer issue often arises when a debtor deposits money in to a bank account owned tenants by entireties. In many cases, a married debtor maintains all his financial accounts jointly with his non-debtor spouse. Is the debtor making a …

Garnishment of Florida Debtor’s Entireties Bank Account in Another State

Jon Alper Tenants By Entireties

Tenants by entireties bank accounts are exempt under Florida law and cannot be garnished by a creditor of either spouse. However, entireties accounts of Florida residents are more difficult to enforce in courts outside of Florida. A creditor of one of our clients is attempted a creative way to garnish the client’s entireties account. The client resides in Florida and …

Head of Household Exemption For Support of Adult Children

Jon Alper Writ Of Garnishment

My client is divorced and provides money to his former wife each month for child support. His ex-wife works but my client says his child support payment pays for most his child’s expenses. The child lives with their mother. The child is over 18 and in college. The client wants to know if his wages are exempt from a judgment …

Should You Fill Out a Financial Affidavit After a Car Accident?

Gideon Alper Uncategorized

Sometimes clients ask me whether they should fill out a financial affidavit after the injured person in a car accident requests the affidavit from the insurance company. This situation typically comes up when the client’s insurance company makes a settlement offer to the injured person, but the injured person (and their attorney) wants the financial affidavit completed before they decide …

Fraudulent Transfer Statute of Limitations in Collection of Criminal Restitution

Jon Alper Creditor Rights

Florida law, and the law of most states, imposes a four year statute of limitations on a creditor’s allegations of fraudulent transfers under the fraudulent conveyance statute. The four year limitation does not apply when the creditor is the U.S. federal government or a government agency collecting court-ordered restitution. A recent Colorado federal court case involved the collection of criminal …

Priority of Sequential Charging Liens Against Same LLC Membership Interest

Jon Alper Limited Partnerships and LLC

Florida Statute 605.0503 states that a charging lien is a judgment creditor’s sole remedy against a debtor’s membership interest in a limited liability company. The statute does not explain what happens if two judgment creditors apply for a charging lien against the same LLC interest. It is not clear whether the second charging lien has the right to share any …

Florida Homestead Protection Against Partition Sales

Jon Alper Homestead Exemption

The Florida homestead exemption does not protect homeowners against all forced sales of their property. Consider one of my client’s situation where my client resided in a home that he owned jointly with a friend. The friend did not live in the house. The friend decided he wanted to sell the house and reap profits from the house appreciation. My …