Short Sale vs. Foreclosure in Florida? Although the number of foreclosure filings have slipped in the state of Florida, the number of foreclosures are still staggering.

Many Floridians still have difficulty making their monthly mortgage payments and must decide on the best course of action to either keep their home or walk away. One of the many options that a homeowner has is to enter into a short sale or enter into foreclosure.

A short sale is any sale of real estate that generates proceeds that are less than the amount owed on the property. A real estate short sale occurs when the lender and borrower decide that selling the property and absorbing a moderate loss is preferable to having the borrower default on the loan. A short sale is an alternative to foreclosure because it mitigates or lessens additional fees and costs to both bank and borrower.

A foreclosure is the legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making his or her monthly payments. The foreclosure process will adversely affect the borrower’s credit score and can follow the borrower for some time while attempting to obtain credit. As the foreclosure is always initiated by the bank/lender, the bank or lender is in control unless loss mitigation options are afforded. Loss mitigation refers to a loan modification or reduction in loan repayment.

Are you in foreclosure? Do you need foreclosure defense?  Seek help today at The Law Office of Ryan S. Shipp, PLLC.  As former counsel for the banks, we now use our knowledge and skills assisting homeowners in foreclosure.  Call us today at (561) 699-0399 or come by our office at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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Unlawful Detainer vs. Eviction in Florida? Do you have an invited guest staying in your home, but refusing to leave? What are your options and would this be considered an unlawful detainer action or eviction to get them out of your Florida property?

Florida Statute Chapter 82 details what an unlawful detainer action is and the remedies of an unlawful detainer. More specifically, an unlawful detainer action is used when an invited guest, in essence this means that no landlord/tenant relationship exists, refuses to leave the property. To prove an unlawful detainer, you must show 1) the person was invited into your home, 2) the person was not a tenant (did not pay any rent) 3) you asked them to leave, and 4) they refused.

On the other hand, an eviction is utilized when a tenant refuses to leave the property. Since there is a landlord/tenant relationship, an eviction would be the property method to remove the individual from the property. A landlord/tenant relationship exists when there is a lease or payment of rent.

The procedures are almost identical when initiating an eviction or an unlawful detainer. Further, both proceedings are expedited in the Florida judicial system.  If you’re dealing with this type of headache, let the Law Office of Ryan S. Shipp, PLLC assist.  Call us today @ (561) 699-0399 or stop by our Lantana office @ 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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A lawsuit has been filed against you in Florida. What is the next step? In all lawsuits, the Defendant(s) must be notified of the pending lawsuit in order to file an Answer or other responsive pleading.

Florida Statutes Chapter 48 states, in great detail, the process for serving Defendants, including the process, who may serve, who may be served, substituted service and many others. Service of Process is very important because a lawsuit can be fundamentally attacked if service is improper.

The Plaintiff has the option of contacting the local Sheriff to serve the Complaint or the Plaintiff can contact a private process server. Personal service is defined as service on the individual Defendant. The Sheriff or process server must submit a Return of Service affidavit stating the name and physical characteristics of the individual served. Substituted service of process is when the named Defendant is not able to be served (i.e. away from the house, at work) but another individual who is 15 years of age or older and lives at the premises can be served in lieu of the Defendant.

If you are unable to personally serve the Defendant or by substituted service, you must constructively serve the Defendant by publishing the Notice of Action/Notice of Publication in a local newspaper of common circulation for a specified period of weeks. This process allows the general population at large to be on notice of a pending lawsuit.

If you are trying to serve a corporation in Florida, it is very important to look on Sunbiz.org. Sunbiz.org is the State of Florida’s Division of Corporation’s official website.

The clock does not begin to run for the Defendant until he/she is served. Therefore, although a complaint happens to be filed, it is useless unless served.

Have you been served with a Florida lawsuit?  Are you looking to serve a lawsuit in Florida  The Law Office of Ryan S. Shipp, PLLC, represents both Plaintiffs and Defendants in civil actions throughout the State of Florida.  Call us today @ (561) 699-0399 or stop by our Lantana office @ 814 W. Lantana Rd. #1, Lantana, Florida 33462.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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Chapter 83 of the Florida Statutes details the Eviction process in Florida. When you believe that you have all the requirements for an Eviction, what is the first step? In many cases, the first step is to place a three (3) Day Notice of Eviction, either hand-delivered to the Tenant or placed on the Tenant’s door in a conspicuous place.

A three (3) day notice is provided to a Tenant where there is a verbal contractual agreement or  a written rental agreement. During this three (3) day period, the Tenant has the opportunity to make good and pay past due rent owed to the Landlord. Upon the expiration of the three (3) day notice, if the rent is still outstanding, the Landlord can now file Eviction proceedings in County Court in the County where the property is located.

The three (3) Day Notice is extremely important because it gives the Tenant actual notice that past rent is due and that an Eviction action is forthcoming unless the rent is paid. Further, the notice must state the date the notice was served, a statement saying that the Landlord may pursue legal action and a statement describing how the Tenant was served.

In Florida, the notice is mandatory and an Eviction can potentially be dismissed if the Tenant does not receive service of this notice.  If you are a Landlord looking to Evict a non-paying Tenant, the Law Office of Ryan S. Shipp, PLLC can assist with drafting a proper three (3) day notice and can efficiently and effectively handle the Eviction proceedings on your behalf.  Are you a Tenant that has recently received a three (3) day notice?  We can help.  The Law Office of Ryan S. Shipp, PLLC is a one stop shop for all of your Landlord/Tenant needs in South Florida.  We are conveniently located east of I-95 on Lantana Road.  Stop by The Law Office of Ryan S. Shipp, PLLC today at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 or give us a call at (561) 699-0399 for a free consultation.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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Florida Statute 83.49 describes in detail the procedures when a security deposit is given to a Landlord in Florida for performance of a lease agreement.  In Florida, the Landlord must (1) hold the total amount of the security deposit in a separate non-interest (or interest) bearing account in a Florida bank for the benefit of the Tenant(s) but the Landlord may not comingle any funds; or (2) post a surety bond.  Further, the Landlord, in the written lease agreement or within 30 days of receiving the security deposit, given written notice to the Tenant which includes disclosure of the security deposit.

At the termination of the lease agreement, if the Landlord does not intend to impose a claim on the security deposit, the Landlord has 15 days to return the security deposit or 30 days to give the Tenant(s) written notice by certified mail of his or her intention to impose a claim on the deposit and the reason for imposing the claim.  If the Landlord fails to give written notice within 30 days, the Landlord forfeits their right to impose a claim.

If you’re dealing with a security deposit issue with your landlord, the Law Office of Ryan S. Shipp, PLLC is here to help.  Call us today at (561) 699-0399 for a free consultation or visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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In Florida, once served with a Foreclosure Complaint, you have ONLY 20-days to respond. Failure to file a response, can result in the loss of your rights to defend and fight the foreclosure proceedings. Time is of the essence, so make sure that you when you need an experienced Florida foreclosure defense attorney, you contact the Law Office of Ryan S. Shipp, PLLC in order to help protect and preserve your rights.

Whether your property is commercial or residential, my goal is to help buy you more time in order to:

• Negotiate a work-out with the Lender.

• Sell your commercial or residential property for a fair price.

• Refinance your commercial or residential property at a fair rate.

• Renegotiate your interest rate.

• Reduce the principal balance of your loan.

If you have a Foreclosure issue or any other legal matter, the Florida Foreclosure Defense Attorneys at   The Law Office of Ryan S. Shipp, PLLC are here to help. Call us today @ (561) 699-0399 or visit our Lantana Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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An Unlawful Detainer in Florida is a lawsuit that is filed requesting another person be ordered to leave your property. Although similar to an Eviction proceeding,  there is no landlord/tenant relationship between the parties, i.e. there is no agreement to pay rent, either verbal or in writing. If there is an agreement to pay rent, verbal or in writing, an Eviction lawsuit should be considered.

An Unlawful detainer is filed in county court pursuant to Florida Statute Chapter 82 and the owner of the property is entitled to a summary procedure.  Therefore, all defenses of law or fact shall be contained in the defendant’s answer which shall be filed within 5 days after service of process.

The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Unlawful Detainer and Eviction Needs.  Call us today @ (561) 699-0399 or set-up an appointment at our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.

The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.

Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504

Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com

#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

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Deed in Lieu Florida? As a Florida homeowner, you may decide to complete a deed in lieu of foreclosure instead of engaging in a short sale, loan modification or any other loss mitigation option that may be available.  A deed in lieu of foreclosure is a recorded document in which the homeowner gives all of his/her interest in the property to the Bank to satisfy the mortgage instrument and to avoid a foreclosure on his/her record.

A deed in lieu of foreclosure can be beneficial for all parties as it is generally a quick process, further litigation costs are avoided, and the homeowner can essentially be relieved of the financial indebtedness from the mortgage.

In all Foreclosure matters, it is recommended that homeowners request that the Bank provide a waiver of deficiency judgment.  A deficiency judgment is the balance of the difference between the original amount of the mortgage/note and what the property is eventually sold for.  If there is a waiver of deficiency judgment, the homeowner will not be on the hook for that amount.

The deed in lieu of foreclosure, of course, must be approved by the Bank, but it is a valid option for homeowners to avoid the foreclosure process.

Are you in foreclosure with your Florida home? Do you need foreclosure defense? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your foreclosure needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location for your free 20-minute consultation.  @ #shipplaw, #shipphappens

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Do you need assistance with Removal of an Unwanted Florida Guest? Unfortunately, guests sometimes overstay their welcome. When that happens there are legal remedies to remove unwanted occupants from your home. In Florida, when an occupant who is not a tenant is no longer welcome to stay at your home a process similar to eviction is followed.

When someone who was invited to stay at your home, e.g. a girlfriend or boyfriend, sibling, or parent, is no longer welcome to stay and they refuse to leave, you may file an Unlawful Detainer complaint which follows the guidelines of Florida Statutes Chapter 82 with the court to have them removed. Whereas, when attempting to evict a tenant from property you are required to first give the tenant written notice of your intent to remove them.

Similar to a landlord’s rights in an eviction, in an Unlawful Detainer action you may not change the locks, turn off the power or water, or effectively “evict” the person yourself without assistance from the Court. Because the unwanted guest previously had permission to live in your home, they have the right to continue to live there until the court enters a judgment for possession against them. Meaning you cannot simply kick them out.

The procedure once the complaint is filed is similar to that for an eviction and moves quickly. The unwanted guest staying at your home has the opportunity to file an answer with the court. If the unwanted guest fails to file a response, the court will proceed with entering a judgment for possession against them, culminating in a writ of possession being served by the Sheriff’s Office, removing the unwanted guest from your home.

As in any legal matter, having an experienced team of attorneys representing you and acting on your behalf to efficiently progress your case through the court system is invaluable. Our experienced team of Unlawful Detainer Attorneys and support staff at The Law Office of Ryan S. Shipp, PLLC are ready and willing to assist you. We are located at 814 W. Lantana Rd., Suite 1, Lantana, FL 33462. Contact us anytime at (561) 699-0399 or email legal@shipplawoffice.com.

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When a Guest has been living at your Florida property with your permission, but has no lease agreement and has not been paying rent, e.g. a boyfriend, girlfriend, relative, friend, and they refuse to vacate, there are various legal remedies which are provided for in Florida Statutes to regain back possession of your Florida property. The proceeding is called a Florida Unlawful Detainer action. On the other hand, when someone has possession of your Florida property pursuant to a lease agreement (verbal or written) and/or has been paying rent, you must remove them through a Florida Eviction action to regain possession of your Florida property if they refuse to move out once the lease expires.

In a Florida Unlawful Detainer action, there is no requirement to give the unwanted guest notice. Once you have requested they move out and they refuse, you may file a Florida Unlawful Detainer complaint for possession with the court. Once the Unlawful Detainer complaint is filed, the legal process is very similar to a Florida Eviction; whereas the unwanted guest is given the opportunity to respond, and, if they do, the court may require a hearing. If the unwanted guest fails to respond, the process can proceed somewhat quickly, culminating in possession being returned to you, the property owner, upon the entry of a final judgment for possession, rescinding any rights the unwanted guest has to possess the property.

As in any Florida legal matter, having an experienced team of attorneys representing you and acting on your behalf to efficiently progress your case through the court system is invaluable. Our experienced team of Unlawful Detainer Attorneys and Eviction Attorneys at The Law Office of Ryan S. Shipp, PLLC are ready and willing to assist you. We are located at 814 W. Lantana Rd., Suite 1, Lantana, FL 33462. Contact us anytime at (561) 699-0399 or email us @ legal@shipplawoffice.com.

We are located in Lantana, Florida. We serve South Florida.

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