Archive for February 29th, 2008

Louisiana Estate Planning Is Not the Same As Other States

Friday, February 29th, 2008

Everyone should have a will just in case of something unfortunate happening, but this is especially so in Louisiana, where estate planning laws are different from other states. This article explains the difference and tells you how to find a Louisiana estate planning specialist.

Foreclosure Lawsuit - What the Bank Must Prove

Friday, February 29th, 2008

It is important that homeowners understand how these court processes work and what the lender has to show in order to have a legitimate case against them and to pursue a foreclosure lawsuit. The burden of proof falls upon the lender, rather than the foreclosure victim, and homeowners should be aware of the specific elements the bank must prove.

And Justice for Foreclosure Victims

Friday, February 29th, 2008

When homeowners are sent their notice of default by the lender and are ordered to appear in court, they may feel that the situation has taken a turn for the worse. Now, instead of dealing with the mortgage company and attempt to defend their inability to pay the bill to them, they will suddenly be thrown into a complex system of dealing with county clerks, courts, attorneys, and various trial rules. No one will seem to know exactly what is going on and what the homeowners need to do to defend themselves, and mere descriptions of state foreclosure law are wholly inadequate in providing guidance. The average homeowner may begin to feel as if he is a victim of an unfair judicial system which is only accessible to those with money who can hire an attorney.

The Battle For "Material And Adverse" - A Tale of Two Florida Courts, And Two Florida Condos

Friday, February 29th, 2008

One of the more contentious issues arising under Florida condo law of late is what constitutes a material and adverse change to a condominium purchase agreement sufficient for the buyer to rescind the contract and recover his or her deposit money. Here, in an effort to get a clearer sense of how the law may evolve in the coming months and years — which, of course, is of deep interest to many people who may be wondering whether they have a basis to seek cancellation of their condo purchase agreements — I take a deeper look at two current and key cases on the issue which are now working their way through the Florida appellate system.

New Dubai Escrow Law 8

Friday, February 29th, 2008

The article focuses on the new escrow law 8 which has made property investments safest in Dubai. RERA (Real Estate Regulatory Authority) has warned the investors of property in Dubai to keep caution on their investments with developers who do not comply with the RERA guidelines. RERA is a central authority in Dubai responsible for real estate and property legalization.

The Interstate Land Sales Full Disclosure Act - A Land Mine Ready To Explopde For Condo Developers?

Friday, February 29th, 2008

The Interstate Land Sales Full Disclosure Act (”ILSA”) is a federal law which was passed in the late 1960s to protect buyers of out-of-state land. Those were the days when parcels of vacant land might be advertised to far-flung speculators as promising wonderful development opportunities. Only once the land was purchased and the purchaser traveled to take a look at the parcel for the first time, it would turn out to be a worthless, isolated patch of desert or swamp with little or no potential to access the infrastructure or resources needed to sustain a viable development project. In the years since ILSA was passed, the law has been held to apply to condominium developments.

The Foreclosure Court Hearing - Should You Go?

Friday, February 29th, 2008

When homeowners are in the midst of a financial crisis and have begun falling behind on their payments, many of them feel like crawling into a hole and hiding from their creditors. They ignore the multiple phone calls every day and they will set aside mail from their mortgage company, thinking the letters to hold nothing but threatening information and demanding money the homeowners do not currently have. Even after the lender hires attorneys to sue the family, they will often avoid having any correspondence with the bank or its legal counsel. By ignoring such letters, homeowners will remain in the dark about where their property is in the foreclosure process, and may miss an important opportunity to stop foreclosure before the situation progresses further.

Estate Planning Checkup for Your Parents

Friday, February 29th, 2008

Perhaps it’s a touchy subject. Talking to your parents about their estate planning isn’t easy, but after they die, you′re the one most likely to be responsible for taking care of matters. If everything is not in order it’s going to be 10x more expensive and more stressful in the long run.

The Law Of Condo Contract Cancellation In Florida

Friday, February 29th, 2008

Florida real estate market watchers and condo lawyers have their eyes on a case which is currently on appeal in the Fourth District Court of Appeal in West Palm Beach. The court is expected to clarify the meaning of “material and adverse impact” with respect to whether unforeseen rising insurance and utilities expenses are sufficient for a purchaser to cancel a condo contract, even if the record shows that the buyers could handle paying the increased costs.

How To Avoid Probate With Estate Planning

Friday, February 29th, 2008

When “The King,” Elvis Presley died in 1977, his estate was worth an estimated $10 million dollars. Then came probate. After all the fees: legal, appraisal, executor’s fees, and estate tax, the Presley estate was reduced to a paltry $3 million dollars. What happened to approximately 73 percent of Elvis’ estate? The answer is simple: probate.