5 Steps to Filing Your Insurance Claim
With Hurricane Irma quickly approaching Florida, Wind and storm damage will likely occur. If you become the victim of storm and flood damage, you will need to file a claim with your insurance company to start the recovery process. You pay a lot of money for your insurance so it makes sense that if your home suffers damage, you will want to make a claim. Depending on the cause of the damages and the type of damages your home suffers, your insurance company will be able to provide coverage based on the kind of policy you have. It is important that you take photographs of your personal belongings and home to document the condition of your home and the presence/existence of those belongings.
Your Claims Process May Be Different Depending On The Type Of Claim
Was it flood, wind, rain, loss of use, emergency mitigation? Or maybe temporary repairs? Hopefully in all of these cases, especially if your home suffered catastrophic damages, by using these steps you will be ready to get your claim settled quickly and get the help you deserve from your insurance company. Here are the 5 basic steps in filing an insurance claim.
Step 1- Contact a Claims Professional
It is always best to have another person take down the details of the damage or incident. You will probably be shaken up following damage to your home and property and may not be in the best position to assess what has happened. In a worst case scenario, a claims professional can ensure your physical safety and well being. They can assist with serious damage, temporary repairs and dangerous damage like leaking fuel or gas.
After the fact, you will have a report or documentation to substantiate your insurance claim.
Step 2 – Collect Information You Need About the Damage and Claim
Having your insurance policy and damage report ready will help you keep track of the information you will need to file the claim. It is important to document and photograph the details of the damages and be ready to provide them to the insurance company.
Step 3 –Call Your Insurance Company Right Away
Call you insurance company from the scene of the damage if you can. They will walk you through the next steps and tell you what you need to send them.
If your house is not liveable, they will let you know how to make alternative arrangements. If you don’t call them, so that they can help you understand your coverages, you won’t know how they can help and you may end up spending more money than you need to.
Once you have called your insurance company, they will open the claims file and you can expect the following steps in the claim process:
Step 4 –A Claims Specialist Gets Assigned to Your Claim
Once your claim is reported to your car insurance company, they will assign a claims professional, like an adjuster to work on your car insurance claim. The claims professional assigned to you is there to answer any questions you have, so don’t be afraid to ask your questions, including about when your payment will be made and what to expect.
Step 5 –Getting Your Home Fixed and Claim Payment
Once the adjuster has done all their research you should have an estimate of the cost to repair, as well as whether you have a deductible to pay, and how the claim will play out. Carefully review the estimate and proposed payout. You should consult an expert as to whether the estimate and payout will be sufficient to repair your home. If you experience difficulty in the claims process you should consult with an experienced attorney.
The attorneys at HD Law Partners have experience with assisting homeowners with their insurance claims. Should you or someone you know require assistance with their insurance claim, telephone the attorneys at HD Law Partners.
On June 14th, Florida House Bill 398—affecting condominium and homeowners associations—was signed into law. It is important to note how the legislation expands the scope of the current statutory provision and affects estoppel certificates.
Specifically, the bill revises requirements relating to the issuance of an estoppel certificate to certain individuals, requiring a condominium and/or homeowner’s association to designate very specific information for estoppel certificates and prohibiting the association from charging certain fees for making claims if said certificates are not delivered within a specific timeframe, amongst making various other changes.
Changes to Estoppel Certificates & Fees
Estoppel certificates are legal documents sent by homeowners associations that inform people of any amount of money—usually homeowners fees or unpaid fines—that that may be owed to the association.
However, these certificates can cost quite a bit to prepare due to the time and research that goes into them. Thus, one thing that the measure also does is allow the association issuing the certificate to charge up to $250 to prepare and deliver the certificate, with an additional $150 if there are also delinquent amounts owed to the association.
Other Changes
In addition, House Bill 398 technically amends Florida statutes 718.116, 719.108, and 720.30851 to:
- Require that a condo homeowners’ association designate a street or email address on its website for estoppel certificate requests;
- Specify delivery requirements for estoppel certificates;
- Authorize that estoppel certificates can be completed by specific persons;
- Require that certificates contain very specific information;
- Provide an effective period an estoppel certificate (based upon the date of issuance and form of delivery);
- Prohibit associations and condos from charging preparation and delivery fees and/or making certain claims if they fail to deliver the certificate within a certain timeframe;
- Revise fee requirements for preparing and delivering certificates under certain conditions;
- Authorize the statement of moneys due to be delivered in certificates under certain circumstances; and
- Require that the authority to charge a fee for certificates be established by a specified written contract or resolution.
Reach Out to Our Experienced Florida HOA/Property Management Lawyers
Estoppel certificates are incredibly important to condominium and homeowners’ associations in preserving and enhancing the marketability of property. They ultimately affect the ability for landlords to sell property and secure financing because they are typically presented to the buyer or lender during its diligent review of the property itself.
At HD Law Partners, our Orlando, Sarasota, and Tampa homeowners’ association attorneys provide knowledgeable, proactive, experienced legal representation for both homeowners’ associations and condominiums when it comes to estoppel certificates and many other issues. We ensure that you get the prompt, professional legal service you deserve. With over 40 years’ combined experience, our lawyers have the skill to help ensure your property’s interests and assets are protected. Contact us today.
Resource:
flsenate.gov/Session/Bill/2017/398
According to the latest Gallup poll, 73 percent of U.S. adults say that divorce is “morally acceptable”; an all-time high, even as the national divorce rate has been on the decline. Since 2001, the public has consistently viewed divorce as morally acceptable, more and more each year. In the decades prior, however, the concept of divorce generated a fair amount of discord in public polling.
Specifically, by mid-1968, before most states adopted no-fault divorce laws, 60 percent of Americans indicated that they wanted the government to make divorce “more difficult.” However, as laws changed during the 20th century, divorce became more and more familiar to most Americans, allowing it to become more morally acceptable, even as the divorce rate itself continued to decline.
Moral Acceptability of Divorce in U.S. Hits New High amongst Married and/or Older Adults
Historically, divorce was always more acceptable amongst unmarried adults. However, over the last seven years, married individuals became about equal in this endeavor in accepting divorce as morally acceptable, indicating that attitudes are changing amongst married adults. Even the one major subgroup that has historically remained the most opposed to divorce—“very religious Americans”—is now, for the first time in history, reflecting that a majority of its members find divorce to be morally acceptable.
Of all the various age groups, acceptance of divorce has grown the most over time amongst older Americans, age 55 and older; Specifically, it increased from 57 percent between 2001 and 2004 to 71 percent between 2015 and 2017. These shifts—society finding divorce to be more and more morally acceptable as the divorce rate noticeably decreases—are also indicative of larger patterns regarding society and marriage. Americans—especially young adults—are more likely to live together than get married, and delay getting married altogether as well.
Embracing Divorce
Huffington Post featured an interesting article on July 6th concerning embracing—not just accepting—your divorce. The definition of “embrace” implies not just acceptance, but support with a willingness and enthusiasm. According to the article, embracing your divorce involves taking time to reflect on your marriage and the relationships that led to it, allowing you to dig deep into your past and find patterns; patterns that you may want to break in moving forward. The article implies that the best way to find contentment after your divorce is to work on yourself before dating again, rediscovering who you are as an individual and what kind of person you enjoy spending time with.
Contact Us for Advice
If you live in Florida and are dealing with divorce, contact us at HD Law Partners for a free consultation to find out how we can help. Simply having legal skill by your side during the process can make things easier in helping you move forward with the rest of your life.
Resources:
gallup.com/poll/213677/divorce-rate-dips-moral-acceptability-hits-new-high.aspx
huffingtonpost.com/entry/have-you-embraced-your-divorce_us_595cd486e4b0326c0a8d13d5
Mental Incapacity & Divorce
Some Florida couples deal with mental incapacity issues as they overlap with divorce, and there are laws here in Florida addressing the issue. However, while Florida does allow for divorce in the event that one spouse suffers from a mental incapacity, there are particular waiting periods built into the law in order to protect infirm spouses who, in some instances, cannot defend themselves. Specifically, once determined to be officially incapacitated, an individual needs to have been incapacitated for at least three years prior to commencing dissolution proceedings.
Yet while the law has been put in place in large part to help protect those with severe injuries and conditions such as brain trauma and dementia, there are also individuals who have found themselves the victim of this particular law.
As A Hurdle
While some divorce-mental incapacity cases involve one spouse attempting to take advantage of the other, who has been deemed to be mentally incapable, there are also couples who wish to obtain a divorce, but find themselves waiting for three years or more to obtain it due to some of the loopholes in the law.
In fact, once deemed mentally incapable, it can actually be challenging for an individual to obtain their civil rights such that they can proceed to obtain a divorce.
Guardianships Vs Civil Rights?
In cases where an individual has been deemed to be incompetent, a court-appointed guardianship is sometimes established. In fact anyone can petition the court to remove an individual’s freedom to determine their own destiny. These individuals are sometimes appointed guardians by the court to act on their behalf in legal proceedings, and have historically been relied upon in cases involving severe brain injuries and/or dementia.
However, there are cases where even though this type of guardianship begins with consent, it continues against an individual’s will. Specifically, there are cases in which someone’s basic civil rights are actively being ignored, for example, in the instance where a completely capable individual has been deemed to be a “ward” in need of a guardianship to help manage their finances and life choices.
While the law in Florida is in place, in part, to protect those suffering from actual mental incapacities from being taken advantage of by a spouse seeking an unfair advantage in divorce, it is also important to note that rarely will experienced divorce attorneys recommend that clients actually actively arrange for a professional guardian to manage their property. Be careful about filing a petition for voluntary guardianship without working with an experienced attorney who has your best interests in mind.
Divorce Attorneys Serving Orlando, Sarasota, Tampa, and Surrounding Areas
If you are dealing with divorce, mental incapacity, and/or related issues, working with a caring, professional family attorney is essential. At HD Law Partners, our parenting plan lawyers have over 40 years’ combined experience in helping clients navigate Florida’s complex divorce laws. We put our knowledge, experience, and abilities to use in helping you achieve the desired results in your case. Contact us today for a free consultation.
Resources:
heraldtribune.com/news/20160820/courtroom-trauma-amicable-divorce-turned-into-guardianship-nightmare
As recently covered by the Miami Herald, the issues created by short-term rentals (as facilitated by websites like Airbnb and others) have become one of the most pressing challenges facing both homeowners and condominium associations during the last several years. Specifically, multiple legal issues have arisen from the blatant disregard of association governing documents clearly prohibiting short-term rentals.
And yet, enforcing these restrictions has proven to be extremely difficult, warranting the development of strategic legal measures to address them. This is particularly of concern in Florida, which is one of the top home-sharing markets in the country due to the number of tourists that come through the state on a regular basis.
Municipal Restrictions & Enforcement Measures
In response, a number of Florida municipalities are now adopting stringent restrictions and regulations. For example, Miami Beach allows for some short-term vacation rentals in certain zoning districts, but bans them outright in all single-family homes and in some zoning districts. Recently, fines were also raised to $20,000 for first-time violations of these restrictions.
In addition, Miami also adopted an ordinance requiring that homeowners wishing to list their properties on Airbnb first submit an affidavit to the city verifying that they live in an area explicitly approved for offering short-term rentals. Similarly, all condominium owners must also submit proof to the city verifying that their association explicitly allows for these types of rentals. Failure to provide this required paperwork can result in fines of $1,000 to $10,000.
Governing Documents & Enforcement Mechanisms
Condo and homeowners associations also have a means by which they can use their governing documents to protect themselves. While some associations already have governing documents and bylaws that allow for short-term rentals, strict measures addressing nuisance complaints need to be in place in order to ensure that disruption is avoided and addressed, if need be. Measures ensuring that guests are properly vetted before renting these properties and security monitoring is in place are also very necessary.
Associations that do not yet address these short-term rentals in their bylaws and governing documents may want to consider adopting new rules and/or amendments addressing the issue and placing restrictions as to under what circumstances they can occur (if they are compelled to allow for these types of rentals). And for those who outright prohibit these rentals, there needs to be a clear fining policy in place.
There are services which allow associations and other landlords to detect property listings on these short-term rental sites and then take those steps necessary to prevent the rental.
Experienced Florida HOA/Property Management Attorneys
HD Law Partners focuses on finding strategic legal solutions for homeowners and condominium associations. We provide the knowledgeable, dedicated legal guidance and representation that you deserve. With over 40 years of experience representing property association interests, we have the legal solutions you need. Contact us today for a free consultation to find out how we can help.
Resource:
miamiherald.com/news/business/biz-monday/article152780789.html
In one woman’s story of divorce, as recently featured in The Washington Post, she describes divorce becoming easier as a couple nears the one-year mark, where “what once seemed like an end is actually a beginning.” For many, life eventually takes them towards entering a second subsequent marriage.
But are there particular precautions and important considerations that should be taken by those who are planning to get married a second time, particularly if they have children from their first marriage? Indeed, second marriage can involve additional complications, particularly if blended families are involved. Below, we go into detail about how you can ensure that you and your family are protected.
Protecting Assets & Accounts in Marriage and Divorce
Absent an agreement indicating otherwise, Florida law mandates that marital property be split equitably. While many younger couples don’t worry about protecting assets or keeping separate bank accounts when they initially enter into marriage, for older couples who already own their own homes, retirement funds, and other assets, protecting these assets—possibly in the interest of their children’s future(s)—are often a number one priority.
In order to do so, working with an experienced family law attorney in drafting a carefully-worded prenuptial agreement is extremely important. A prenuptial agreement can not only help protect your assets, but also address your second marriage in the context of any child and/or spousal support you may be paying from your first.
In addition, your attorney can help you set up separate accounts: joint accounts to pay for expenses like the mortgage and groceries, and individual accounts to cover other bills. Remember that creditors are not always bound by divorce settlements.
Consider a Trust
If you are concerned about your children from your first marriage, a trust might be your best option, as it can protect these assets even in the event of your death and your ex-spouse’s second marriage. This not only applies to inheritance and funds, but to your home (and leaving it to your children) as well.
Social Security
Also keep in mind that if your first marriage lasted 10 years or longer, you may be entitled to a social security check based upon your ex-spouse’s income. However, if you remarry, this no longer remains the case.
Consult With an Experienced Florida Divorce Attorney
If you are in the process of getting divorced or entering into a subsequent marriage, it is critical that you consult an experienced divorce attorney. Not only is it important to keep your estate plan updated, but pre- and postnuptial agreements are only valid under certain circumstances, and an experienced family law attorney can help provide you with guidance in protecting your assets and navigating their future management.
If you or someone you know is preparing to get married or going through a separation or divorce, contact the family law attorneys at HD Law Partners today in Orlando, Sarasota, or Tampa. Our experienced Florida divorce lawyers provide the legal representation you need in these cases. Contact us today.
Resources:
washingtonpost.com/news/soloish/wp/2017/06/06/how-do-you-keep-a-family-together-after-a-divorce/?utm_term=.5de6c1f1319b
forbes.com/sites/markeghrari/2017/06/02/second-marriage-and-estate-planning-5-things-you-may-not-have-considered/
Child Support Payments after Divorce
The payment of child support after divorce is very important to families for a variety of reasons, the most obvious being that the monies are used in furtherance of the child’s well being and to establish an appropriate quality of life for the child.
Unfortunately, Florida ranks fairly poor among U.S. states, as it relates to social and economic conditions for children, making child support payments that much more important in our state. For example, in 2016, Florida was ranked 39th in the nation in the Best & Worst States for Underprivileged Children report.
Child Support Guidelines in Florida
Florida, like other states, has a set formula (or guidelines) for determining child support. Under Florida state law, the judge may vary this plus or minus five percent from the guideline amount after considering all relevant factors, including the needs of the child, age, standard of living, and the financial status and ability of each parent. If the amount varies more than five percent, there must be a written finding explaining why staying within the five percent guideline would be unjust or inappropriate. This can also be the case whenever the child spends a substantial amount of time with either parent, whether temporary or permanent.
In order for a modification of an existing order to be granted, the court must find that there is a substantial change in circumstances, where the mandatory the difference between the existing monthly obligation and the amount provided for under the guidelines, has to be at least 15 percent or $50 (whichever amount is greater).
Failing to Pay Child Support
If your ex fails to comply with a court order requiring him or her to make child support payments, the best course of action is to work with an experienced family law attorney to file a Motion for Contempt/Enforcement to initiate a civil contempt and enforcement proceeding against them.
The Florida Department of Revenue, Enforcement of Child Support Orders also has some leeway in intervening when child support payments aren’t made. The Department can not only send late payment notices, but facilitate income withholding with your ex’s employer so that child support is taken out and sent directly to the Department before your ex is paid. And there are other provisions, such as driver’s license suspension, that can be implemented. However, unfortunately, there is also a pattern of families experiencing delays in obtaining child support payments from the Department of Revenue itself. In some circumstances, you may need to seek legal recourse, particularly when the delays are forcing you or your family to go into poverty.
Florida Divorce & Family Law Attorneys Serving Clients in Orlando, Sarasota, & Tampa
At HD Law Partners, we understand how important child support payments are to you and your family. The Florida divorce/family law attorneys at HD Law Partners provide knowledgeable, compassionate, experienced, and dedicated legal representation in all family law matters, including those covering child support. Contact us today for a free consultation and learn how we can help you with any child support issue.
Resources:
news.wgcu.org/post/survey-florida-kids-welfare-gives-2017-mid-year-update
wallethub.com/edu/best-worst-states-underprivileged-children/5403/
Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits
On May 22, 2017, the U.S. Supreme Court made a unanimous decision that is being hailed by large technology companies and other patent holders, who have arguably been victimized over the years by what are known as “patent trolls,” or smaller companies that purchase patents only in order to demand royalties and sue for damages (instead of using those patents, for example). This particular type of activity was significantly interfering with the ability for these businesses to effectively run their business models.
Companies referred to as “patent troll” companies would allegedly target very specific courts in which to sue for damages—a practice known as forum shopping—because these remote federal courts had a reputation for friendliness towards plaintiffs, or the suing party. For example, more than 40 percent of all patent lawsuits were filed in federal court in East Texas, even though no major manufacturers are based there. As a result, one judge oversaw about a quarter of all patent cases filed nationwide.
Determining Forum for Business Lawsuits
Ultimately, the topic at issue in the case involved the important legal question of where a business can be sued (i.e. “where proper venue lies for patent infringement lawsuit brought against a domestic corporation”). In other words, can a business essentially be sued anywhere that they do business, or do patent suits have to be filed in the judicial district where the defendant resides? On this question, the U.S. Supreme Court pointed out that, according to precedent established by a 1957 U.S. Supreme Court case, a domestic corporation resides only in the state of its incorporation.
Decision Will Reduce Costs of Defending Patent Litigation
The decision will change the “litigation landscape” for patent suits moving forward. As some have pointed out, as a result of the decision, “forum shopping” is essentially over in these types of cases. The many patent cases previously (and purposely) filed in East Texas will now have to shift to other places, including Florida, and this will effectively reduce the overall costs of defending patent litigation for businesses.
Companies are, for the most part, grateful for the decision, especially those based in Silicon Valley, as they were allegedly often targeted by patent owners who used the threat of litigation in order to extract royalties.
Business & Corporate Law Attorneys Who Care
At HD Law Partners, our Florida corporate attorneys possess the experience, legal knowledge and commitment necessary to help prevent potential problems before they occur for businesses. With over 40 years’ combined experience in representing a variety of business clients, we provide strong legal representation to ensure your company’s assets and best interests are protected. Contact us today to find out how we can help your company—we have offices in Orlando, Sarasota, and Tampa.
Resources:
nytimes.com/2017/05/22/business/supreme-court-patent-lawsuit.html
supremecourt.gov/opinions/16pdf/16-341_8n59.pdf
Violating Child Custody Orders in Florida
Child custody and visitation issues post-divorce can get messy and complicated. Violating custody agreements can even be considered a crime when they affect future custody and visitation arrangements, often to the detriment of the involved parties.
For these reasons, you always want to ensure that you are working with an attorney experienced in child custody and visitation matters. This can allow for the establishment of an arrangement that better fits the needs of the particular individuals and families involved, sometimes even preventing future conflict.
Florida Law on Violating Child Custody Orders
Under the law in Florida, anyone—including a parent—who commits interference with custody can be found guilty of a third degree felony. That being said, the law also provides for some defenses, such as when:
- The defendant (parent) reasonably believes that their actions were necessary to protect the child from danger (in terms of their welfare);
- The defendant (parent) was a victim of an act of domestic violence, or had reasonable cause to believe that their actions were necessary to protect themselves from an act of domestic violence; or
- The child was taken away at their own volition (without enticement), without the intention of committing a criminal offense with or against the child.
Protecting your Child Custody Rights
Rather than taking the risk of violating a child custody order or agreement, speaking with an attorney as a first step is the best way to ensure that you and your loved ones are protected. An attorney can help protect your rights as a parent and address any concerns you may have regarding child custody arrangements/visitation. An attorney may also assist with any necessary emergency relief, especially if you and/or your child are in danger or feel threatened. For example, working with an attorney to obtain a restraining order and/or emergency custody order from a judge.
In particular, if you are concerned that your child’s other parent may leave with your child, you may seek an order from the court barring that parent from doing so, without having to obtain notarized, written permission from both parents (or another court order), or requiring that parent post a bond or security in the amount sufficient to serve as a financial deterrent to abduction. If your concern is that your child will be taken outside of the country, there are additional measures that can be taken.
Contact Our Caring, Professional Florida Family Lawyers
Child custody issues are often the most volatile and contentious matters when it comes to family law. Decisions on when, where, and how often parents can see their children can have a lasting influence on their relationship and lives.
When it comes to these highly sensitive issues, particularly when things are volatile, you need to work with a caring, professional family law attorney who will look out for the rights and best interests of both you and your child. At HD Law Partners, our Florida family law lawyers have over 40 years’ combined experience in helping people navigate the (often complex) family court system. We put our knowledge and legal abilities to good use in helping you achieve the best results in your case, based on your family’s individual needs. Contact us today to find out how we can help.
Resource:
The First District Court of Appeal of Florida recently held that although HUD (Department of Housing and Urban Development) regulations are a condition precedent to foreclosure, borrowers must raise the issue and timely challenge any foreclosing bank’s compliance with the regulation in order to rely on these regulations in challenging a foreclosure.
In this case, the bank sought to foreclose a mortgage secured by a promissory note issued to the borrowers. The loan note specifically contained a provision providing that if the borrower defaulted by failing to pay in full any monthly payment, then the lender could require immediate payment in full of the principal balance remaining due, as well as all accrued interest, also known as “accelerating payment.”
HUD Regulations & Exemptions
The mortgage established the bank’s remedies in the instance the borrower defaulted on the loan, subject to limitations set forth by HUD regulations. Specifically, the issue in this case involved the right for borrowers to have a face-to-face interview with the mortgagor under some circumstances, but only if the mortgaged property was not located within 200 miles of the mortgagee, its servicer, or a branch office of either (amongst other exemptions). The trial court ruled in favor of the bank’s argument that the right to a face-to-face interview did not apply because the branch did in fact exist within 200 miles of the property.
Here, the appeal turned on both whether a HUD regulation is a condition precedent to foreclosure and whether compliance with the HUD regulations was properly and timely pled. First, the Appellate Court ruled that the HUD regulation was a condition precedent to foreclosure because contract provisions are conditions precedent or subsequent, where the express wording of the disputed provision conditions formation of a contract and/or performance of that contract on the completion of those conditions. Specifically, a condition precedent is an event that must take place before a contract is enforceable, while a condition subsequent is an event that may arise after the formation of a contract that allows for the termination of the contract. Here, the note expressly provided that it did not authorize the lender (bank) to accelerate on the loan when acceleration is not permitted by HUD regulations and the mortgage states that the bank’s right to foreclosure is limited by HUD regulations. In other words, the bank’s right to foreclosure on the mortgage arises when these conditions have been satisfied, making those conditions (the HUD regulations) a condition precedent.
However, in this case, the court also found that the borrowers failed to timely raise it as an affirmative defense, and even if they had raised it in a timely fashion, the evidence supports that the bank wasn’t required to comply because the property was more than 200 miles from the bank and its servicing branches.
Foreclosure Defense Attorneys Serving Orlando, Sarasota, and Tampa
If a bank brings a foreclosure case on a homeowner, it will need to work with an experienced attorney to ensure that any and all regulations have been complied with in conjunction with the foreclosure action. If you are dealing with a foreclosure issue, contact HD Law Partners right away to discuss your options with one of our experienced attorneys. We serve clients all over Florida, and we’re here to discuss your options.
Resource:
edca.1dca.org/DCADocs/2015/2022/152022_DC05_03102017_091041_i.pdf
