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 […]
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 […]
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 […]
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?
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.
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 […]
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 […]
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 […]
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 […]