Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

in Florida Law, Foreclosure, Real Estate Law

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute. Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid. In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note...

27 January

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How Does a Court Determine Child Custody or Timesharing

Posted by DeWitt Law Firm, P.A.

in Family Law, Florida Law

In Florida, the determination of child custody and time-sharing is a process governed by both long-standing principles and recent legislative updates. This guide focuses on how courts determine these decisions, prioritizing the welfare of the child. The Best Interests of the Child The cornerstone of custody and timesharing decisions is the child's best interests, a principle enshrined in Florida Statute Section 61.13(2)(c). Courts consider various factors, including but not limited to: Each parent's ability to maintain a loving, stable environment. The child's home, school, and community record. The mental and physical health of both parents. This comprehensive evaluation ensures decisions are made with...

06 October

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Dyck O’Neal and the Defective Notice: Defending Against Deficiency Lawsuits

Posted by DeWitt Law Firm, P.A.

in Foreclosure, Real Estate Law

Although the worst of the economic downturn appears to be over, many people are still feeling its affects. If you went through a foreclosure and did not get a waiver of deficiency, you may be one of those people. Now that the law has changed and lenders only have a year to file for a deficiency, deficiency lawsuits are becoming more and more prevalent. There are ways to defend against these lawsuits. We recently obtained a summary judgment in favor of our client who was being sued for a deficiency because the lender failed to give him proper notice...

16 September

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Abuse of Emergency Motions: Abusing the System to Protect from Abuse

Posted by DeWitt Law Firm, P.A.

in Family Law

Although our offices are located in Orlando and Tampa, I take cases all over the state of Florida. In the last few days, I have appeared in Hillsborough and Sarasota Counties and will most likely appear in several other courts next week. Seasoned attorneys recognize that courts rarely grant emergency relief. However, attorneys repeatedly file emergency motions only to be denied the relief that they are requesting. What constitutes an emergency to the client and what constitutes an emergency to the court are too very different things. Filing a frivolous emergency motion comes with great risk both to the attorney...

16 September

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Divorcing When Your Child Has ADHD

Posted by DeWitt Law Firm, P.A.

in Family Law

Over the past few weeks, I have seen a repeated theme in several timesharing (commonly known as custody) hearings. Parents with children diagnosed with Attention Deficit and Hyperactivity Disorder (ADHD) are routinely arguing over whether the child should be administered medication. The parent in favor of medication attempts to disparage the other parent by stating that the parent routinely fails to provide the medication to the child. Failing to administer medication to a child is a basis to deem an individual unfit to care for a minor child. The parent against the medication states that they are not failing to...

03 March

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Proposed 2013 Changes to Florida’s Alimony Laws

Posted by DeWitt Law Firm, P.A.

in Alimony

Listen to Sherri DeWitt on DeWitt Law Review: Proposed 2013 Changes to Florida’s Alimony Laws Senate Bill 718 and House Bill 0231 propose major changes in Florida’s alimony laws. These bills revise the factors to be used to determine the amount and length of alimony awards. They place the burden on the recipient to show entitlement and eliminate the concept of permanent periodic alimony as it exists. Below is a summary of some of the major changes proposed in SB 718: 1. The standard of living the parties enjoyed during the marriage would no longer be a factor in determining the amount of...