Widerman Malek Law Blog

Florida Foreclosure Dismissal may not be the End of the Fight

As a Florida resident you are entitled to many rights and protections under its laws, a foreclosure proceeding that is deemed unlawful is a part of those protections and rights. Often your lawyer will seek to have your case dismissed by some means so that the foreclosure proceeding is halted. Unfortunately for the mortgage borrower […]

Mediation: Lights, Camera…Action?

By: Eric L. Hostetler, Esq. Mediation has proven to be a very beneficial procedural tool in my career so far in resolving cases and conflicts. The basis of its effectiveness revolves around three factors: 1) Plaintiff’s counsel; 2) Defense counsel; and 3) the Mediator. Notice that I did not list as one of the factors […]

Loan Modification, Stipulated Judgment, Deed in Lieu,…What do you do?

Loan Modification, Stipulated Judgment, Cash for Keys,…What do you do?

It is best to talk to an attorney before you ever get to the point where you start falling behind on your mortgage. Before things start to go downhill too much, you might be able to save yourself a lot of future problems by talking with a professional up front. Having said that, if you find yourself at the point where you have already missed a mortgage payment, or several, you likely still have several options available. For the purposes of this article, we will assume that the mortgage is on your Florida homestead property.

Can Information from Mediation be brought up during a case?

As previously discussed, Mediation is an avenue of possible resolution in a civil case, regardless of the amount in controversy. But what happens if you go to mediation and it doesn’t settle? Can the other side use anything you said in mediation against you in a later proceeding or a trial? Thankfully, the answer is […]

What Happens in Mediation?

As discussed in my previous blog, mediation is a process where both parties come together in front of a neutral third person, either a private mediator or a Supreme Court approved court mediator, and try to resolve their case and reach a fair result. But what exactly happens in mediation? Whether you are participating in […]

Mediation-is it a good idea?

Mediation-is it a good idea?
By: Eric L. Hostetler

Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.

The Abuse Keeps Coming For 2009-2010 Foreclosure Victims

Banks and mortgage companies hoping to avoid further negative press suffered yet another embarrassing setback last month when the first compensation checks issued to victims of foreclosure abuse bounced.  As part of the foreclosure abuse settlement, federal regulators worked out a deal between 14 mortgage companies and banks to compensate home owners who were illegally […]

Business & Asset Protection

Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]

Asset Protections – Raising The Bar

Protections Beyond Delaware & Nevada All too often the run-of-the-mill advisor or advisor lacking updated information (again, even lawyers) will simply organize your one or two LLCs in Delaware or Nevada without conducting any legal research on what states may currently offer more protection and less stigma. For instance it is possible, while still staying […]

U.S. Supreme Court Defines the Definition of a “Vessel”

We are back on the topic of eminent domain.  This time we take a look at floating homes and maritime laws.  Last Tuesday on January 15th, the U.S. Supreme Court ended the dispute on whether a floating home should be classified as a vessel and subject to maritime laws or whether it should be considered […]

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