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Get Help with Landlord Tenant Law i...

ID:LLART022,

 Published on Mar 26, 2014 by

Aaron Resnick

Tenancy is a complicated issue and Florida is no exception. Miami has a strong law for both tenant and landlord that guide their rights and liabilities. The laws are made for the protection of interest of both parties and it is known as Landlord/ tenant law. There are laws through which a landlord can end the tenancy contract, and a tenant can charge the landlord for violating the rules and regulations and interfering with their rights.

 

How does the tenancy law support a landlord?

 

The tenancy law supports a landlord when a tenant violates the clauses in the agreement that was made between the two parties during the time of giving possession. The tenant eviction process is another situation where the law guides the landlord. A tenant is never allowed to stop paying the landlord just because he is not happy with the condition of the property, or he is not happy with the facilities he is receiving from the landlord. The landlord can take help of the lawyer and file a case against the tenant under all such conditions, and required paperwork has to be done properly in order to ensure that the case is in favor of the landlord.

How does the tenancy law support a tenant?

 

During the time of eviction, in many cases the landlord becomes violent and takes wrong action against the tenant. He cannot by law possess or destroy any personal property of the tenant or evict the tenant by force. He cannot prevent the tenant from entering the property by locking the property with a different lock. Legal eviction has to be filed by the landlord, and the tenant can support his own side by hiring a professional lawyer. The lawyer can help the tenant understand his rights and do all the paperwork that is required for filing a case. In case, the landlord breaches a contract and the tenant incur some losses due to the same, the landlord is liable to make the payment.

 

Though the law of Miami is quite strong as far as a relation between the tenant and the landlord is concerned, the paperwork has much to do in deciding the fate of the case. In such a case, it is always advantageous to contact the experienced lawyers who have dealt with such situations. You can always check out the websites of the law firms in Miami in order to find the best lawyers and ask them for consultation.

 

About The Author:

The Law Offices of Aaron Resnick, P.A. help you understand your rights and defend you against foreclosure and is dedicated to assist both businesses and individuals throughout the state of Florida. The Law Offices of Aaron Resnick, P.A help educate you and help you with legal matters.

Stop Foreclosure with the Help of a...

ID:LLART021,

 Published on Mar 25, 2014 by

Aaron Resnick

Normally, the foreclosure process begins when a homeowner fails to make the mortgage payments. Upon completion of the foreclosure, in order to recover the amount owed the lender will sell the home at auction. To get to this point is usually a long process that involves numerous steps to be followed.

 

However, it will not happen overnight, and the lender will not institute such a severe remedy unless you fail to make payments. In such a situation, it is wise to opt for some alternatives such as a short sale, loan forbearance, or a deed-in-lieu of foreclosure.

 

In case you have failed to make an alternative arrangement and have received a notice of an impending foreclosure, you have only 20 days from the date of service of the foreclosure complaint to respond. A common borrower cannot confidently navigate the legalities involved in foreclosure and hence it is wise to hire the services of a bankruptcy attorney to fight your case. The attorney will have an understanding of foreclosure laws in your state and can help you understand the process. By hiring an attorney, you will have undue attention and seamless counsel throughout the foreclosure process and will have excellent better chance adequately defend the foreclosure.

 

An option that may be available to a borrower is to file a Chapter 13 bankruptcy. Under this option a borrower is able to pay back the arrearages of what is owed over a five-year period. 

 

For this option it is suggested you hire the services of an expert lawyer. They are well-versed in these legal matters and have a legal team which is skilled in providing aggressive representation. In case bankruptcy does not work they may have many other legal alternatives for you. For more information on the same, browse the net and hire the services of the best attorney in town who can fight your foreclosure case and help you out of this grave situation.

 

About The Author:

The Law Offices of Justin McMurray, P.A has served the Gainesville area for past 13 years and helps you make the wisest decisions regarding your financial situation so that your credit score is affected as little as possible. 

Types of Bankruptcies in Florida

ID:LLART020,

 Published on Mar 25, 2014 by

Jeremy Resnick

Bankruptcy is a legal proceeding in which an individual who cannot afford his/her bills gets an opportunity to start a new beginning. A bankruptcy falls under the jurisdiction of the +Federal Court. Once an individual files bankruptcy, an “automatic stay” prohibits a creditor from collection efforts for a certain period of time.

 

The most common question asked is “What type of bankruptcy should I file?” One can file bankruptcy under

  • Chapter 13
  • Chapter 11, in cases where a business is filing for bankruptcy
  • Chapter 7
  • Chapter 20

 

The answer to this question depends on the following –

  • Total amount of debt,
  • Total income and assets and number of dependents at home
  • The main aim and objective of the client behind filing bankruptcy
  • Evaluation of pros and cons of Chapter 7 and Chapter 13 bankruptcy

 

A thorough examination and a “means test” will determine which type of bankruptcy a client should file. Do you qualify for Chapter 7 bankruptcy? If yes, then what are the advantages over Chapter 13?

 

The following are the advantages of filing a bankruptcy under Chapter 7 –

  • Almost all consumer debt is discharged permanently under Chapter 7 bankruptcy. On the contrary, under Chapter 13 the debtor may have to pay back a minimum of one part of his debts.
  • A Chapter 7 bankruptcy is typically completed within about four months; however, Chapter 13 bankruptcy could take three to five years.
  • A person can re-establish himself much sooner after filing a bankruptcy under Chapter 7 when compared to Chapter 13 bankruptcy.
  • Costs incurred while filing bankruptcy under Chapter 7 is often much less when compared to Chapter 13.

 

It is wise to consult a bankruptcy attorney  to discuss your options before filing. This is because they are likely familiar with the legal proceedings and can provide sound advice. Lawyers normally recommend Chapter 7 bankruptcy if the debtor qualifies as it typically is in the debtor’s best interest to do so.

For more information on the same, one should speak to an attorney for more clarity and detail on bankruptcy. The best of the bankruptcy lawyers have a website. Browse the net and book an appointment today!

 

About The Author:

The Law Offices of Justin McMurray, P.A has the ability to effectively handle nearly every case. The Law Offices of Justin McMurray, P.A reviews your case and helps you to decide whether this is the best option for you or not. The firm guides you throughout the process to ensure that you get the most out of this opportunity to make a fresh start in life.

Deed in Lieu Ocala

ID:LLART019,

 Published on Mar 25, 2014 by

Jeremy Resnick

A deed-in-lieu of foreclosure is when the borrower agrees to transfer the legal ownership rights to his/her property for the release of his/her monetary obligations by the lender.  In Ocala, the deed is considered a legal document that signifies ownership of the property.  By transferring the deed to the lender, a homeowner can avoid the foreclosure process.  Depending on the terms and conditions of agreement with the lender, a borrower can benefit from a deed-in-lieu of foreclosure by reducing or eliminating the balance on a mortgage so that it provides him with an opportunity to commence a new beginning. Negotiating the terms and conditions of the deed-in-lieu is certainly a daunting task and hence it is better to take the help of an Ocala deed in lieu of foreclosure attorney who is well versed and experienced in this field.

 

It should be noted that, rather than taking the matter to the court, if both parties act reasonably a deed-in-lieu can prove to be beneficial to both parties. Based on the terms of the agreement, a borrower will no longer be obligated under the terms of the note and mortgage, and the lender will assume ownership of the property. It should also be noted that the deed-in-lieu is a usually a better option than a foreclosure because the foreclosure process is lengthy and costly. On the contrary, if both parties agree to a deed-in-lieu these obstacles can be avoided.  Also, a foreclosure negatively affects the credit score of a person; however, a deed-in-lieu is a much better option which enables a person to get back on financial track quickly without the negative reporting of a foreclosure.

 

A person who is more than one month behind on their mortgage payment can qualify for a deed-in-lieu of foreclosure. A lender will usually agree to a deed-in-lieu only if it believes the borrower will not be able to make payments because of a loss of job, disability, or unexpected bills. 

 

If you think a deed-in-lieu can help you then get in touch with an Ocala foreclosure defense attorney so that you better understand the entire process.

 

About The Author:

The Law Offices of Justin McMurray, P.A has the ability to effectively handle nearly every case. The Law Offices of Justin McMurray, P.A reviews your case and help you to decide whether this is the best option for you or not. The firm guides you throughout the process to ensure you get the most out of this opportunity to make a fresh start in life. 

ERISA - WHAT I NEED TO KNOW & WHAT ...

ID:LLART018,

 Published on Mar 18, 2014 by

Todd Krauss

ERISA law is governed by Federal Statutes and was established to set guidelines for employers to help protect employee's benefits, such as retirement, disability, health, welfare and other employment-related benefits. The legal guidelines are set forth in the Employer Retirement Income Security Act of 1974, otherwise know as ERISA (found in U.S. Code Title 29, Chapter 18). Many insurance companies fight against the benefits they owe at a time when people are most vulnerable.

1) Consult Your Policy: Many people make the mistake of applying for disability benefits without thoroughly consulting their policy first. The policy will define what your carrier considers to be disabled, how your benefits will be calculated, crucial deadlines, limitations on benefits, and evidence they will or will not consider in making a determination about your claim.

2) Filing the Claim: You must first file your initial claim with the insurance company. The insurance company will make a determination to either pay or deny the benefits under the policy. If your claim is denied, have the right to appeal the decision. This is a critical step in the proceedings and will go a long way to determining if you will get the benefits that are rightfully owed to you or not.

3) The Appeal: First and foremost, your denial letter will contain a time deadline which you need to comply with in appealing the decision of the insurance company. If you miss the deadline or waiting too long to get help it can mean the end of your claim for which you will be barred.

To make the most of your appeal, you need to know what is contained in your claim file. once you get a denial IMMEDIATELY write the insurance company and demand a copy of the policy and CLAIM file from the carrier. These two items are crucial in preparing your appeal so that if they deny your appeal, all the necessary information will be contained within the claims file to better help your future lawsuit. THIS will be the ONLY evidence the court will review when making a determination if the insurance company improperly denied your benefits or not.

4) The Lawsuit: In an ERISA lawsuit, you DO NOT get a jury trial. The court, at best, will have a very brief hearing, but will more commonly just review the paper briefs and the claims file to make a determination of wehther or not the insurance company either abused their discretion or if there is a preponderance of the evidence to overturn the denial of benefits. Needless to say, the deck is stacked in the insurance companies favor.

If you have a claim which is governed by ERISA, you need an attorney who can help you every step of the way. Because the legal and procedural rules applied to ERISA claims are complex and very confusing, our office stands ready to help you. We can help you with your appeal of your denial of benefits as well as handle your case in the Federal Courts. Contact our office today to discuss what we can do to help you get the benefits your deserve.

YOUR ERISA CLAIM ... IS THE DISCRET...

ID:LLART017,

 Published on Mar 18, 2014 by

Todd Krauss

If you have a group health policy, or group disability or life insurance policy which is governed by ERISA ( The Employees Retirement Income Security Act o 1974 29 U.S.C. §1001 et.seq) , the odds are that the plan contains a "discretionary clause" which allows the insurer the "discretion" to decide if a person’s claims should be paid or not.

To proceed with your claim for benefits under your ERISA covered plan, an insured must (1) file a claim, and (2) must exhaust the plan’s administrative processes (with a few minor exceptions) before they can file lawsuit seeking their benefits. If an insured file’s too early, their case can be dismissed, or if an insured misses the time limit for complying with the plan’s administrative processes (filing the appeals) their claim can be barred forever and all potential benefits will be lost. Unfortunately, the converse is not true, if Plan administrator doesn’t abide by the time limits for responding to your claim, nothing really happens to them, the insured gets accrued interest on their benefits.

Once your lawsuit is pending, and the litigation begins the language of the policy language is controlling and what the court will reply upon in reaching a decision in your case. A policy will have either "de novo" language which allows the court to review the case in it’s entirety on the merits and come to a conclusion based on the preponderance of the evidence the court finds.

However, the more pressing and prevalent problem is that the policy contains " a discretionary clause" which basically allows an insurer to deny paying benefits if the decision is "based on any reasonable basis." ( See Horan v Kaiser Steel Retirement Plan (9th Cir. 1991) 947 F.2nd 1412 along with numerous other such cases. In this situation, the court is limited and will only review what is contained within the "claims file" to determine if the decision of the insurer was "arbitrary and capricious." ( See Firestone Tire & Rubber Co. vs. Bruch (189) 489 U.S. 101 also, Abatie vs. Alta Health & Life Co. (9th Cir. 2006) 458 F. 3rd 955 )

Although the "discretionary standard " is a difficult one to overcome, it is not the end of your claim. There are numerous ways to show that an insurance company has acted improperly and denied benefits that are rightfully owed to a claimant. Our office specializes in handling ERISA claims and obtaining benefits rightfully owed to the claimant. Considering that most claimants do not have the full and complete claims file it is difficult to know which possible avenues a claimant may have, but a few examples of what constitutes abuse of discretion are:

1) Failure to consider reliable evidence: An ERISA plan administrator "may not arbitrarily refuse to credit a claimaint's reliable evidence, including the opinions of a treating physician." (Black & Decker Disability Plan v. Nord (2003) 538 US 822, 834, 123 S.Ct. 1965, 1972; Schexnayder v. Hartford Life & Acc. Ins. Co. (5th Cir. 2010) 600 F3d 465, 471)

 

2) Failure to conduct meaningful dialogue with claimant: ERISA regulations call for a "meaningful dialogue" between the claims administrator and beneficiary regarding any claim. The administrator must give the claimant a description of any additional material or information "necessary" for him or her to "perfect the claim," and to do so "in a manner calculated to be understood by the claimant." (29 CFR § 2560.503–1(g); see Saffon v. Wells Fargo & Co. Long Term Disability Plan (9th Cir. 2008) 522 F3d 863, 870)

3) Failure to explain decision: ERISA plan administrators must make "full and fair" assessment of claims and clearly communicate to claimants the "specific reasons" for benefit denials. (See 29 USC § 1133; 29 CFR § 2560.503–1; Black & Decker Disability Plan v. Nord, supra, 538 US at 825, 123 S.Ct. at 1967; White v. Sun Life Assur. Co. of Canada (4th Cir. 2007) 488 F3d 240, 246 )

4) Erroneous interpretation of plan: Abuse of discretion may also be found where the administrator construes provisions of the plan "in a way that conflicts with the plain language of the plan." (Taft v. Equitable Life Assur. Soc. (9th Cir. 1993) 9 F3d 1469, 1472)

5) Erroneous factual findings: A plan administrator's decision is not an abuse of discretion solely because it is contrary to evidence in the record. But an abuse of discretion is shown where the administrator relies on "clearly erroneous findings of fact" in making benefit determinations. (Taft v. Equitable Life Assur. Soc. (9th Cir. 1993) 9 F3d 1469, 1472)

Always remember that it is YOUR burden to prove to the court that the insurer abused their discretion when they denied the benefits owed under the plan. Contact our office to help you obtain the ERISA benefits rightfully owed to you. Our attorneys are ready to help you fight the insurance companies and obtain the benefits which are rightfully yours.

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