Friday, August 26, 2011

Burt Reynolds Home on The Block

A recent Blog reported that Burt Reynolds’ home might be foreclosed by the bank in order to collect on the debt owed. Mr. Reynolds case illustrates the frustration a lot of homeowners are feeling. It is my opinion that the new wave of foreclosures may come from what is called a strategic foreclosure. Basically, a strategic foreclosure is a decision by a homeowner to stop paying for the property even if they possess the economic means to continue to pay for it. The decision is an economic one as the property has lost so much value and the homeowner does not see a reason or way out of the situation. Many homeowners in this situation see making the mortgage payment as throwing good money after bad. This may be the case for Mr. Reynolds, as he may no longer wish to keep a property he believes would not appreciate in value. At the core of these economic decisions emotions are at play and economist looking at only the hard data may miss that population of individuals not willing to throw good money after bad.
http://www.miamiherald.com/2011/08/17/2363782/bank-aims-to-foreclose-on-burt.html


Written by: Hector A. Pena, Esq

Is there a Foreclosure Backlog in Florida?


In a recent article by TOLUSE OLORUNNIPA published in the Miami Herald the foreclosure numbers are crunch for the south Florida region. The article states that the amount of foreclosures in the South Florida regions as has dropped. 
Specifically that “In Miami-Dade County, the backlog dropped from 75,326 last year to 44,278 this year. In Broward, the backlog fell from 48,675 last year to 27,748 this year. See “http://www.miamiherald.com/2011/08/18/2365528/foreclosure-backlog-down-in-florida.html#ixzz1W8I583dg, however this number can be deceptive as the large drop in recent foreclosure cases is mostly due to the Banks dismissing cases that can be re-filed at their leisure. Any home owner in distress should be cautious in not thinking the banks have given up. In fact the opposite could be different as Banks are reviewing their paperwork and complying with new rules established by the Supreme Court of Florida in foreclosure cases.

Monday, August 22, 2011

24/7 A Law Firm, P.A. Announce the Opening of New Location in Hialeah, Florida.

Hector A. Pena & Eduardo D. Fons of 24/7 A Law Firm, P.A. Announce the Opening of New Location in Hialeah, Florida.
Hector A. Pena, Esq. and Eduardo D. Fons, Esq., of 24/7 a Law Firm, P.A. of Miami, Florida, focusing on commercial and civil litigation, bankruptcy, real estate and contractual disputes, as well as handled cases in banking, insurance, manufacturing, construction, and real estate lien matters. Specific matters include product liability claims, corporate shareholder disputes, and residential foreclosures among others. 
“We have opened our new location in Hialeah to better serve our clients and be more accessible” says Hector A. Pena, Esq. This Location is in Central Hialeah easily reached as its near Okeechobee Blvd (State Road 27) and West 4 Ave, 395 West 10 St. Suite 1, Hialeah Fl 33010. Tel: 305-888-4404
The Hialeah law Firm Location will have the same services as the Kendall, Florida office. 24/7 a Law Firm, services include Traffic Ticket Violation, DUI, Car Accidents, Bankruptcy, Foreclosure Defense, Loan Modifications, Evictions, Real Estate and Commercial Litigation.
247 Law Firm, P.A. Services:

24/7 A Law Firm, P.A., is a full service law firm visit our website for more information on all our services www.247alawfirm.com . It is our goal to establish and maintain a hands-on approach to legal representation, matching the needs of industry managers and our every growing clientele. We work with our clients to develop policies and procedures which ensure that our client’s goals are met, as well as personalize each step of the legal process to meet our client’s criteria. High standards are set and maintained, while providing legal services at the most professional and efficient level.

Monday, August 15, 2011

What if my Florida Driver license is suspended

Having your License suspended can put you at risk of arrest if you are caught driving and affect your driving record and establish a criminal record that may impede employment and revoke immigration status. If your are late in payment on your traffic tickets, a notice to tallahassee to suspend your license within 30 days of no action taken on most traffic violations. If your late in taking action on your citation there is still a chance to take the ticket to court. Even though your late it does not mean you have to agree to a “guilty plea.” Hiring an Attorney to clear your your suspension and help you get a D6 clearance with the state will expedite clearance of your drivers license. If your ticket is more than 60-90 days, this may mean that your license is suspended already and we recommend you take action quickly before the cost of getting your license valid again will be longer and more costly.
Driving with a suspended license knowingly is a criminal infraction and can have serious consequences on your driving record. You can check online to make sure your license is Valid at Florida Drivers Even if you are unaware that your license may be suspended, you may be ticketed under a civil infraction, and it can still affect your license, driving records and insurance rates. It is important that you clear any suspensions in order to assure that your are driving with a valid drivers license.
Check your Florida drivers license online here:
Florida Driver License Check - Florida DMV
If you have an issue in Florida it should come up here, with the information you may get there you may then call an attorney to represent you in the case and be a bit more knowledgeable on your case.


Friday, August 12, 2011

Bankruptcy Eliminates Medical Bills as tuition prices rise.

Bankruptcy Eliminates Medical Bills as tuition prices rise.

A recent article on msnbc.com by Allison Linn reports that the cost of Health Care, although higher than most essential expenses, is being surpassed by the cost of Tuition and Fees to go to College. In 2009 a study revealed that more than 60% of individuals who filed for Bankruptcy protection under Chapter 7 or Chapter 13 of the Bankruptcy Code, filed because they had rising medical bills that could not be covered and fell into default. Out of the 60%, more than 75% of those individuals who filed for Bankruptcy protection under Chapter 7 or Chapter 13 of the Bankruptcy Code, fell into more debt, as they missed payments on their mortgage, maxed out their credit limits on their credit cards, and fell behind on car payments to try to pay off their medical bills. Most of those individuals had medical insurance.

With the high costs of insurance, more and more people live uninsured, or underinsured, and are unfortunately burdened with high medical bills.

Although medical bills can be discharged under the Bankruptcy code, most student loans are exempt from discharge under the Bankruptcy Code.

This may not afford relief to those currently enrolled in college, and as noted by Allison Linn, “The folks at Moody’s Analytics crunched some government numbers and found that the cost of tuition and fees has more than doubled since 2000. That’s a bigger percentage increase than, well, pretty much anything else.”

More importantly as well, “The Moody’s paper notes that student loan balances also have risen steadily in recent years, leaving many students starting out their careers with a hefty chunk of money to pay off.”
All in all, treating ones illness is as essential as obtaining a good education. Although there is more leeway in trying to resolve the costs associated with getting in a healthier state than paying back student or education loan obligations.
As these essential expenses rise, and the economy fails to rise with it, more people are left wondering what is their way out. Filing for bankruptcy may be a very viable option for the individuals who are left with no money to pay off their medical bills, due to high tuition costs, high mortgage payments, or high car payments. Filing for Chapter 7 or Chapter 13 Bankruptcy to eliminate debt other that student loans, may free up needed funds, for one to continue making payments on their student and education loan obligations, as well as free up necessary funds to pursue an education and degree.

Tuesday, August 9, 2011

More Bankruptcies by Woman then Men

More Bankruptcies by Women then men says Orlando Sentinel.
Women are seeking debt and credit counseling more than Men, according to Credit Counselors, as reported in a recent article in the Orlando Sentinel.
Part of the credit counseling may include debt consolidations plans, lump sum settlements, and possibly Bankruptcy. 
The Orlando Sentinel article reports that:
"Women top men by a wide margin in Florida when it comes to getting professional help for debt problems, according to new figures from some credit-counseling operations that have clients throughout the state.
From single mothers and divorcĂ©es to those who became family breadwinners when their husbands lost their jobs in the recession, women have outnumbered men in the credit-counseling line for much of the past decade, the agencies say. ...Many of the women we see are heads of household, trying to pay off debt, keep their heads above water, maintain the house, raise children and — oh, by the way, work, too — all at the same time," said Richard Schram, the agency's top executive. "That puts tremendous pressure on them."
That pressure, while apparently around for years, intensified during the 2007-09 recession, which wiped out 4 million jobs in the historically male construction industry alone. Such massive job losses among men created a new generation of female breadwinners, with all the accompanying financial stress.”
Statewide, more than 870,000 family households were led by single women in 2009, a 14.6 percent increase from 2000 and nearly three times the number of family households led by single men, according to the latest U.S. census data. With the economic instability that engulfed many households in late 2007 until now, household income decreased while expenses may have increased.”
Although Women may be more apt to confront the issues the household may have with debt control, under the Bankruptcy Code, all income coming into the household must be considered if one is deciding to file for protection under Chapter 7 or Chapter 13 of the Bankruptcy Code. 
For the Women led households, that means one income to consider if the spouse is unemployed, or the household consists of only one income grossing individual. Women and men dealing with debt issues may have to ultimately consider filing for protection under Chapter 7 or Chapter 13 of the Bankruptcy Code if debt and credit counseling outside Bankruptcy does not afford a viable solution.

Sunday, August 7, 2011

247 A LAW FIRM, P.A.

Eduardo D. Fons, Esq.
Hector A Pena, Esq.
24/7 A Law Firm, P.A., is a full service law firm. It is our goal to establish and maintain a hands-on approach to legal representation, matching the needs of industry managers and our every growing clientele. We work with our clients to develop policies and procedures which ensure that our client’s goals are met, as well as personalize each step of the legal process to meet our client’s criteria High standards are set and maintained, while providing legal services at the most professional and efficient level.

247 Law Firm, P.A. Services:

Miami Traffic Tickets
Foreclosure
Real Estate
Car Accidents
Bankruptcy
Evictions
Loan Modification
Commercial Litigation


Our attorneys, Hector A. Pena, Esq. and Eduardo D. Fons, Esq., have an excellent record of developing innovative programs to help clients. In addition to the practical aspects of representation, we also maintain an active interest in the academic aspects of our work. All of our attorneys exceed the Florida Bar continuing legal education requirements. We maintain clear focus on the changes in the law that pertains to the aspects of law that our firm deals with and its effects on our clientele.

Hector A. Pena, Esq., Attorney Pena graduated law school in 2006, he attended Saint Thomas University in Miami, Florida. Mr. Pena, attended Florida International University where he obtained his Bachelor of Science in Criminal Justice, he was awarded the distinction of Magne Cume Laude at graduation. He has worked drafting and arguing legal memoranda and pleadings, trial and appellate briefs as well as appellate argument in front of the Third District Court of Appeals for Miami- Dade County Florida and 11th circuit court of appeals  for the Southern District of Florida. Also Mr. Pena has been involved in case development related to civil litigation and pre- litigation, document preparation and trial preparation, legal research, contract dispute and negotiation, commercial contract enforcement, class action litigation.

RECENT MATTERS

Successful appeal against LaSalle Bank National Association,  Washington L. Sanchez, Appellant, vs.
LaSalle Bank National Association, etc., Appellee.
Wrote appellate brief against Ocean-Yachts, Inc.,  Ocean-Yachts, Inc., a New Jersey Corporation, Appellant, vs. Florida Yachts International, Inc., a Florida Corporation, Appellee.
 Successfully, has defended consumers in matters concerning real estate litigation.

BUSINESS LITIGATION

Mr. Pena has experience in general commercial litigation. In addition to his special focus on the real estate and contractual disputes, he has handled cases in banking, insurance, manufacturing, construction, and real estate lien matters. Specific matters include product liability claims, corporate shareholder disputes, and residential foreclosures among others.


Eduardo D. Fons, Esq. Attorney Fons graduated from Atlanta’s John Marshall Law School. While at John Marshall, Mr. Fons was part of the John Marshall Mock Trial team, and graduated in the top ten (10) percent of his class.  Mr. Fons, attended Florida International University where he obtained his Bachelor of Arts in English, and minored in Finance. He became a member of the Florida bar after graduation. He has worked drafting and arguing legal memoranda, pleadings, and trial for courts located in  Miami-Dade, Broward and West Palm Beach County Florida. Also Mr. Fons has been involved in case development related to civil litigation and pre-litigation, document preparation and trial preparation, legal research, contract dispute and negotiation,  and commercial contract enforcement. Mr. Fons has had vast experience in Bankruptcy cases, preparing Chapter 7 and Chapter 13 cases, attending 341 Meetings, and participating in Adversary Proceedings. Mr. Fons is licensed to practice in the United States Bankruptcy Court for the Southern District of Florida, as well as the United State Southern District of Florida. Alongside Mr. Hector A. Pena, Mr. Fons is a founding member of 24/7 A Law Firm, P.A., focusing his practice on Bankruptcy, Commercial and Civil Litigation.

We are confident that we can provide the highest standard of legal representation and provide an exceptional level of service to our Clients. For more information please visit our Website www.247alawfirm.com or send us an email to info@247alawfirm.com