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Loan Modification for Foreclosures

Posted on May 24, 2013 by Boyer Law Firm, P.L.

Loan Modification for ForeclosuresThe state of Florida currently has a higher than average foreclosure rate, causing many homeowners to go through this painful process.

A foreclosure is when the bank the bank repossesses a home due to non-payment of the mortgage. If the bank has already initiated the foreclosure process, there are only two defenses: a short-sale or a loan modification.

A short sale is when the house is sold for less than the amount due and the bank agrees to forgive the remaining debt.

A loan modification allows the homeowner to keep their house by renegotiating the terms of the mortgage. Our contract and real estate attorneys are highly skilled in working with banks to change the terms of the mortgage so that the payment becomes one that the homeowner can make.

If you are falling behind on your mortgage or fear that your house may become victim to foreclosure, contact Boyer Law Firm to discuss a loan modification. By taking preventative action, you and your attorney will be in a better position to negotiate the terms of the loan.

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Tags: Florida Real Estate

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Eviction in Florida

Posted on May 23, 2013 by Boyer Law Firm, P.L.

Eviction | Landlord-tenant law attorney | Real Estate Lawyer Jacksonville, Orlando, Miami | Florida Eviction AttorneyOur Florida real estate attorneys handle Landlord/ Tenant law, including evictions, throughout the state of Florida.

Under Florida law, a landlord can evict a tenant for any of the following reasons:

-          Non-payment of rent
-          Violation of lease provisions
-          Noise violations
-          Fighting or disruptive behavior

There are specific steps that a landlord must go through to evict a tenant. These steps can differ based on the reasons for eviction and the desired results of the litigation process; if the landlord is seeking to recoup money damages it is more complex than if he is simply seeking for the tenant to vacate the premises.

The eviction process can range from simple, if you have a cooperative tenant, to extremely complicated, depending on the way the tenant responds and the resulting legal ramifications.

The eviction process is a type of civil litigation, which is why it is important to hire an attorney to assist you. Boyer Law Firm’s civil litigation attorneys are familiar with the court’s processes, which can prevent you from making mistakes that could prevent or delay the eviction.

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Tags: Florida Real Estate

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Conditions of a Contract

Posted on May 22, 2013 by Boyer Law Firm, P.L.

freeimage-5587464-web (800x539)Conditions of a contract can be categorized by two methods: the effect on the duty to perform and the way in which they were created.

Conditions that are based on their effect on the duty to perform are:

  1. Condition precedent: If the condition occurs, then an action must be fulfilled. If the condition does not occur, then no action is required.
  2. Concurrent conditions: Both parties must fulfill their responsibilities of the contract at the same time, and each performance is conditioned on the other party’s performance.
  3. Condition subsequent: A future, uncertain event that releases a party from their responsibilities under the contract.

Conditions of a contract that are based on the way they were created include:

  1. Express condition: The condition is specifically stated in the language of the contract. Courts take these types of conditions very seriously.
  2. Implied-in-fact condition: The condition is implied by the contract. Ex: If the condition is that Party A will unload cargo from a ship, it is implied that the ship will arrive in the port.
  3. Constructive conditions: These conditions are imposed by law rather than by the contract.

If you need a contract drafted or reviewed, contact Boyer Law Firm’s contract attorneys today. Don’t sign anything that you don’t understand.

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Tags: Business Law in Florida

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Tips For E-Commerce Businesses

Posted on May 21, 2013 by Boyer Law Firm, P.L.

E-commerce business attorney Orlando, Jacksonville, Miami, Florida | Florida Business Incorporation AttorneyE-commerce and virtual storefronts are a booming industry that is only expected to grow. E-commerce was a $40 billion business in 2012, and that number is expected to grow more than 10 percent by 2015, according to a report by Transport Intelligence.

If you have a business with a virtual storefront, there are things that you must do in order to remain competitive:

  1. Speed: If your business is a virtual storefront, then you will be shipping the items that your customers purchase. Two-day or three-day shipping is the norm now, but many large companies are already experimenting with same-day delivery. It is believed that same-day delivery will give e-commerce an advantage because it will be able to better compete with the instant gratification of going to a physical store.
  2. 3PL: Third Party Logistics companies can help small- to medium sized businesses ship their products. As a result, these companies spend less money on shipping because they do not have the financial burden of a warehouse or other shipping resources.
  3. Returns: Although return policies will vary, it is important that your business has one in order to keep the customers happy.

If you are interested in starting an E-commerce business or need assistance running your E-commerce business, contact Boyer Law Firm today.

Source: Forbes

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Tags: Business Law in Florida

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How can I get Permanent Residence in the US?

Posted on May 20, 2013 by Boyer Law Firm, P.L.

Permanent Residence in the US | Florida Immigration Attorney Jacksonville, Orlando, MiamiAlthough there are many changes being debated about immigration reform, there are currently only a few ways to get a visa that could lead to permanent residence in the US: investing in a business, having a family member who is a U.S. citizen petition for you, or obtain a work visa, such as an L1.

An L1 visa is an for executives and managers who have been transferred from the office of a company located in a different country to an existing office of that same company in the United States. If you receive an L1 visa, you will be offered an initial stay of either one or three years. After that period, you will get a reassessment done on your visa status and potentially be offered permanent residence.

If you choose the investment path, an EB5 visa is the quickest path to a green card. An EB5 investment visa requires an investment of $1,000,000 into a new commercial enterprise, or $500,000 if the area you are investing in has a high unemployment rate or is in a rural area. The business must also create or maintain 10 full-time jobs. After two years, a reassessment will be done, and, if your business is doing well, you may be offered permanent residence. An EB5 visa allows you to literally “buy your way” into the United States.

The third option is a family petition. If you have an immediate relative who is a US citizen or permanent resident, they can petition for you to become a permanent resident.

At this time, owning, buying, or investing in real estate is not a path to permanent residence.

For more information on permanent residence in the US, citizenship, or US Visas, contact Boyer Law Firm’s immigration attorneys today.

*Image courtesy of Stockfreeimages.com

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Tags: U.S. Immigration

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Florida and Federal Trademarks and Service Marks

Posted on May 17, 2013 by Boyer Law Firm, P.L.

Florida and Federal Trademarks and Service MarksWhen you register a trademark or service mark, the first thing to decide is if you should register the mark with the Florida State Government, Federal Government, or both. A Florida trademark attorney can assist you in making this decision as well as assist you in applying for the mark.

Although you can establish your right to a trademark or service mark through its use in commerce without registration, owning a federally-registered trademark or service mark can provide you with the following advantages:

-          There is a public notice of your claim to ownership of the mark.
-          There is a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
-          You have the ability to bring forth a lawsuit in Federal court if someone has infringed upon the mark.
-          The federal registration will be useful, should you choose to register your mark in foreign countries.
-          You can record the registration with the U.S. Customs and Border Protection Service to prevent the importation of foreign goods that infringe on the trademark.
-          You will be listed in the United State Patent and Trademark Office’s online databases.
-          If you do not federally register your mark, you may use the “TM” (trademark) or “SM” (service mark) designations. You may only use the “®” symbol after the United States Patent and Trademark Office (USPTO) has registered the mark.

The Federal trademark process is complicated and can take a year, or a few years, to process. Hiring a trademark attorney is recommended, as legal issues may arise throughout the process.

Florida trademarks are less expensive than filing a federal trademark, and they have fewer requirements, but a Florida trademark, or any other state trademark, is superseded by a Federal trademark, if one exists. Florida trademarks allow the owners to bring suit in a Florida court for infringement on the mark.

If you need help registering your Florida or Federal trademark or service mark, contact Boyer Law Firm’s trademark attorneys today. Our litigation attorneys can also assist you in both Florida and Federal court if your mark has been infringed upon.

 

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Tags: Business Law in Florida | Florida Civil Litigation | Intellectual Property

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Buying an Existing Business

Posted on May 16, 2013 by Boyer Law Firm, P.L.

Buy an existing business | Florida business attorney jacksonville, orlando, miamiIf want to run your own business, you have two options: start one from scratch or buy an existing business. By purchasing an existing business, you can build on what the previous owners have already created and add your own personality in order to create a business of your own.

There are many businesses currently for sale throughout Florida. For example, the following businesses are currently for sale in Palm Beach County:

 

1. A 1,400 square foot Pizza Shop in a shopping center in North Palm Beach County. The business is successful, but the owner currently has other business interests.

-          Purchase Price: $185,000
-          Gross Sales (2012): $264,000
-          Net Profit (2012): $95,300

2. A 2,000 square foot Security Guard Company in West Palm Beach. The business has been established for 12 years and supplies security guards to hotels, banks, construction sites, shopping centers, and special events. The owner is retiring.

-          Purchase Price: $550,000
-          Gross Sales: $452,191
-          Net Profit: $166,611

3. A 1,200 square foot Deli Restaurant in Wellington. The business currently has short hours of operation. The purchaser of the business could choose to keep these short hours or extend them. The owner is selling the business because he is moving out of state.

-          Purchase Price: $199,900
-          Gross Sales (2012): $396,260
-          Net Profit (2012): $155,380

If you are interested in buying an existing business, need help finding a business to purchase, or already know what business you want to purchase, contact Boyer Law Firm today. We have successfully assisted clients with the purchase of businesses, including gas stations, restaurants, and more.

*Image courtesy of Stockfreeimages.com

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Tags: Business Law in Florida

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Celebrity Wills

Posted on May 15, 2013 by Boyer Law Firm, P.L.

Celebrity Wills | Florida Estate Planning Jacksonville, Miami Orlando

Jacqueline Kennedy Onassis

“I have made no provisions in this Will for my sister, Lee B. Radziwill, for whom I have great affection because I have already done so during my lifetime.”

Michael Jackson

“Except as otherwise provided in this Will or in the Trust referred to in Article III hereof, I have intentionally omitted to provide for my heirs. I have intentionally omitted to provide for my former wife, DEBORAH JEAN ROWE JACKSON.”

Jackson also left custody of his children to Diana Ross if they were minors at the time of his death and his mother, Katherine Jackson, was unable or unwilling to act as guardian to the children.

George Washington

President Washington stipulated that his slaves be emancipated upon the death of his wife, Martha Washington. He also stated that it was his desire that any slave who could not provide for himself due to old age, bodily injuries, or infancy be cared for by his heirs.

Martin Luther King, Jr. died without a will.

Mark Twain (Samuel L. Clemens)

In leaving part of his inheritance to his two daughters, Clara and Jean, he stipulated that the inheritance be “free from and control or interference on the part of any husband she may have.”

Source: True Trust

*Image courtesy of Stockfreeimages.com

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Tags: Estate Planning for Florida

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First Time Home Buyers

Posted on May 14, 2013 by Boyer Law Firm, P.L.

Young Homebuyers | Orlando Real Estate Attorney | Jacksonville Real Estate Attorney | Closing AttorneyFlorida is seeing younger first time home buyers.

It is no longer the norm for young adults to move from their parents’ house into the house they will share with their spouse. Many 20-somethings rent apartments and have roommates, but the money-mindful of this age group is realizing that it may be a better idea to buy.

Emelee Arbuckle, 22, was one of these young home-buyers. She said she had looked into renting, but quickly realized that buying a house was the more prudent option. She could rent a two-bedroom apartment for $700-$800 per month, money she would never see again, or she could use that money to pay a mortgage of around $700, turning it into an investment.

Another advantage is that first time home buyers do not have to deal with underwater mortgages or having to sell one house before buying another.

If you are a young adult considering becoming a first-time home buyer, contact Boyer Law Firm today. We can help you with everything from making an offer on a property all the way through the closing and beyond.

Source: Florida Today

*Image courtesy of Stockfreeimages.com

 

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Tags: Florida Real Estate

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Business in Jacksonville

Posted on May 13, 2013 by Boyer Law Firm, P.L.

International Business in Jacksonville | Business lawyer Jacksonville, Orlando, Miami | Florida International LawyerEuropean consuls from France, the Netherlands, Spain and the United Kingdom recently visited Jacksonville, Florida, and they had some opinions to share about business in Jacksonville. The main consensus between the visiting diplomats was that Jacksonville needs to do a better job of telling their story, because Jacksonville has a good story to tell and is a city that hosts many opportunities for those who want to live and work in Florida.

“I need reasons, arguments, I can convey to Spanish companies about why they should look here,” Mario Buisan, the Spanish trade commissioner said.

Dutch Consul General Simone Filippini was impressed by Jacksonville’s first-ever, recently-held OneSpark event, a festival celebrating inventors and entrepreneurs, but noted that she would not have known about the event if she had not visited the city. “The marketers of Jacksonville have an undiscovered dynamic jewel,” she said.

Kevin McGurgan, the U.K. Consul General stated that people think of beaches, not business when they think of Florida. Governor Rick Scott is trying to change this perception through his work with Enterprise Florida and Florida Business’ new slogan, “The Perfect Climate for Business.”

Jacksonville may soon become more prevalent in the eyes of the United Kingdom since the Jacksonville Jaguars professional football team is currently planning a game in London.

Most of the consulates in the Southeastern United States are in Miami, but the group made the trip to Jacksonville to find out more about Northeast Florida, a place that few foreign nationals think of when they think of the Sunshine State, and business in Jacksonville. It is the job of these consuls to connect the countries they represent with the country they are stationed.

Source: Florida Times-Union

 

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Tags: Business Law in Florida | International Law

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