Tag: Port Richey Real Estate Attorney

Landlord and Tenant Problems | Port Richey Real Estate Attorney’s

The Florida Third District Court of Appeals in Sunshine Gasoline Distributors, Inc. v. Biscayne Enterprises, Inc. issued an Opinion filed on March 26, 2014 ruling that a Trial Court was correct in entering a judgment for a lessor because the lease and the modification of the lease contained unambiguous conditions regarding the lessees’ right to renew upon the written approval of the lessor.

Too often the attorneys at Booth & Cook visit with clients that have entered into commercial leases without having them reviewed by legal counsel, only to subsequently discover that the form they used was deficient in one matter or the other. In the event a landlord is required to enforce a commercial lease in a court of law, the landlord is usually well served when their lease was negotiated and prepared with the benefit of legal counsel. At Booth & Cook our attorneys have the necessary experience in real state transactions and litigation to help navigate a commercial landlord through the process of setting up a commercial lease that properly watches the back of the landlord.

Author: Damien D’Ascenzio
Damien

*This article should not be construed as legal advice; no article or posting can replace the value of speaking with an attorney. The purpose of this article is to provide the general public with general information and should not be applied to any individual matter. If you are facing issues related to this matter, call the attorneys at Booth & Cook.

Florida Foreclosures | Port Richey Real Estate Attorney

Port Richey Real Estate Attorney Talks Florida Foreclosures

As Florida was the leader in foreclosures in 2012, according to Forbes article found at: http://www.forbes.com/sites/morganbrennan/2013/01/17/worst-of-foreclosure-crisis-is-over-but-problems-remain/ , it is not a surprise that foreclosures have been one of our leading areas of practice.

One major change in the judicial system in the 6th Circuit (Pasco and Pinellas Counties) is the requirement to now “opt in” to mediation. The old rule was that every foreclosure case dealing with homestead property was required to go through mediation UNLESS the homeowner either did not respond to Mediation Managers, Inc. or “opted out” of mediation on their own.

Now, the rule has changed. As of any foreclosure filed subsequent to July 1, 2013, homeowners are now required to “opt in” to mediation. Homeowners will need to file paperwork with the court requesting to participate in mediation. Best advice is to READ, READ, READ the paperwork that you are served with regarding the lawsuit and consult with an attorney over your options.

There are important deadlines that are at hand and if you do not respond, you could waive certain rights such as the ability to participate in mediation with your lender.

Author:  Kris Hudson – Booth & Cook, P.A

Topic:  Florid Foreclosures – Port Richey Real Estate Attorney