Rehearing Denied: Sargeant Case is Now Law

Jon Alper Uncategorized

I wrote a post about an important Florida appellate decision the restricted a creditor’s ability to go after a debtor’s assets situated anywhere outside Florida. The decision concluded that a creditor could not hold a Florida debtor in contempt of court for his failure to retrieve money and stock held outside the state. The creditors filed motions for rehearing, rehearing …

Presentation At National LLC Seminar

Jon Alper Uncategorized

I will be making a two-hour presentation on May 23, 2014, at a nationally broadcast seminar sponsored by MyLaw CLE. The seminar is titled LLC Drafting Workshop 101. The speech will cover basics of using limited liability companies in business planning and asset protection. I will make my basic LLC forms available to seminar participants, and I will discuss which …

Asset Protection Needed To Deal With Oppressive Lender

Jon Alper Uncategorized

People often ask me why someone with no current debt problems needs asset protection planning. One of the principal reasons is because most people will sometime have to deal with lenders who are both arrogant, condescending, and impossible to deal with. One of my clients recently related his experience with a local mortgage lender called FBC Mortgage of Orlando which …

Defending and Dissolving Wage Garnishment in Florida

Jon Alper Uncategorized

Many callers who have read my website discussions of wage garnishment have learned that Florida law prohibits the garnishment of wages earned by a debtor who is head of household. Many people mistakenly believe the wage garnishment exemption for head of household debtors is automatic.

My Seminar About Asset Protection Basics

Jon Alper Uncategorized

I enjoy teaching asset protection to attorneys entering this practice area. To that end, I presented a basic asset protection CLE class through a OnePath Practice Management Advisors. The seminar is entitled Asset Protection 101, and it  introduces the basics of asset protection law and procedure.

Florida Mortgage Deficiency Judgment Can Be Issued Against Resident Of Anti-Deficiency State

Jon Alper Mortgage Foreclosure, Uncategorized

I have had several clients who resided in California and who had invested in second homes or investment property in Florida which properties had become “upside down” during the real estate recession. These clients had called me for information about Florida’s foreclosure process including the rules regarding personal deficiency judgments. They wanted to know if their mortgage lender could pursue …

First Mortgage Deficiency Lawsuits Being Filed By SunTrust Against Ginnn Development Investors

Jon Alper Mortgage Foreclosure, Uncategorized

First mortgage deficiency judgments are the exception, but there are certain exceptions. One exception is when the homeowner purchased an unimproved lot in a property developed by the Ginn Development Company owned by Bobby Ginn. The Ginn projects include Bella Collina and Reunion Resort. These developments suffered terribly in the real estate recession. Clients have reported depreciation of between 75 …