Author Archives: Jay Butchko
You Could Lose Your Home To A Squatter If You’re Not Careful
Have you ever heard of what is commonly known as a “squatter?” The term “squatter” is used to describes someone who finds property, lives there, and treats it like their own, even though they shouldn’t be living there. Squatters and Adverse Possession While we may think of squatters as people who are homeless and… Read More »
The Benefits Of Appointing A Preneed Guardian
Should you ever become incapacitated, there is a chance that a court could appoint a guardian to manage your affairs. The extent to which the guardian has control over your affairs depends on your disability and situation, but someone will handle those affairs if that time ever comes. Of course, we all hope we’re… Read More »
Situations Where You Absolutely Should Get A Real Estate Closing Attorney
In any real estate transaction, you should always have an attorney. Even the “easiest” sale or purchase can get very complex and have legal issues you may not anticipate at the start of the closing process. There are often certain indicators that should immediately tell you that you need a competent real estate attorney… Read More »
Be Careful Of Liens When Buying Foreclosed Property
One of the prime opportunities in real estate investing is the chance to buy foreclosed properties. But there are a lot of potential dangers in buying these properties—especially if you don’t understand lien priority and how liens are foreclosed on. What is Lien Priority? Absent a law that makes a lien priority, liens get… Read More »
How Long Does The Probate Process Take?
When you go through the probate process, one of your main concerns may be, understandably, to get the process done as quickly as possible. To some extent you can do that, but like other legal processes, the time frames may be out of your hands. Additionally, like any other legal case, every case is… Read More »
Florida Foreclosure Sales Issues: Servicers Beware
By Amy Kiser, Partner, Gilbert Garcia Group, P.A., Florida Foreclosure Counsel With home values increasing, more and more properties are selling to third party purchasers at foreclosure sales. Additionally, more borrowers are remitting payoffs or reinstating prior to the foreclosure sale. When a borrower remits a payoff or reinstatement the day before the sale,… Read More »
Do You Have The Right Insurance For Your Mortgage?
If you are buying a home, and you are getting a loan and a mortgage on your property, you probably already know that the lender will require that you take out insurance on the property. In an age when property insurance rates are spiking, it may be tempting to find the cheapest policy that… Read More »
Powers Of Attorney And Guardianships: What’s The Difference?
In the world of estate planning, a durable power of attorney can be a valuable thing to have. Although on the surface it may seem concerning, it can, in some cases, avoid the necessity of a guardianship. Powers of Attorney A durable power of attorney turns over all decision-making power to the person or… Read More »
Passing Without A Will Can Lead To Probate Problems
You may know that avoiding probate is often a good idea and that there are many ways to do it through estate planning. But what happens if you have no estate plan—that is, no will, no trusts or other documents that say who gets your things and assets? Florida’s Intestate Laws This is known… Read More »
Who Can Object To Something A Guardian Decides To Do?
It is a fact of life that family does not often agree with each other when it comes to major life decisions. The same is true when a family member is incapacitated, made a ward, and a guardian is appointed to carry on the ward’s affairs. Disagreements and Standing Regardless of whether the guardian… Read More »