Author Archives: Jay Butchko
What Happens During The Probate Of A Florida Estate?
You may have heard the word “probate” used by estate planning lawyers without actually knowing what it means. In simple terms, probate is a court-supervised process for gathering and distributing the assets of a deceased individual. Put another way, probate is the administration of a person’s estate. The Goals of Probate Probate actually has… Read More »
Supreme Court Rejects Claims Against TransUnion Over Credit Reports That Falsely Flagged Consumers As “Terrorists”
A credit report is a written document that contains sensitive information about your credit activity, such as how much credit you have and whether you make your minimum payments on time. There are three main credit reporting agencies in the United States, all of whom are subject to the federal Fair Credit Reporting Act… Read More »
Does The Bank Have To Pay My Legal Fees If I Beat Their Foreclosure Attempt?
It is not uncommon for a consumer contract to contain a “unilateral attorney’s fee provision.” Basically, this means that the other party has the right to demand you pay their legal fees if they are later forced to sue you for failure to meet your contractual obligations. To help level the playing field, however,… Read More »
How Do “Liquidated Damages” Work In A Breach Of Contract Lawsuit?
Business contracts depend on the good faith of both parties to perform their respective obligations. Of course, good faith is not always enough. If a breach of contract occurs, the non-breaching party will likely suffer some measure of legal damages. To address such contingencies, many contracts include a liquidated damages provision. In its simplest… Read More »
Can A Business Enforce An Arbitration Agreement You Signed With A Third Party?
When you purchase goods or services online, you are often asked to click a box saying you agree to certain “terms and conditions” or “terms of use.” Buried in these terms there is often a binding arbitration clause. Basically, this means that if something goes wrong with your purchase and you want to sue… Read More »
Can A Mortgage Foreclosure Sale Be Unwound After It Is Final?
If the mortgage lender forecloses on your home and auctions off the property, your options for “unwinding” the sale are quite limited under Florida law. Section 702.036 of the Florida Statutes–known as the Finality of Mortgage Foreclosure statute–protected bona fide third party purchasers from challenges to their title to the foreclosed property. Outside of… Read More »
How Can You Prove Intellectual Property Theft?
Intellectual property (IP) is the lifeblood of your business. Since intellectual property is the product of a person’s mind, it is often stolen by those who are unable to create something of their own. If you suspect that someone infringed on your intellectual property rights, you need to contact a Sarasota business litigation lawyer… Read More »
Can “Trade Custom And Usage” Be Read Into A Business Contract?
When it comes to business contracts, the cardinal rule is that a court will not construe–or read anything into–an agreement that is “clear, complete, and unambiguous” on its face. Put another way, if you want to include a particular right or obligation into an agreement, it should be in the written text. Never assume… Read More »
Is It Possible To Revoke A Will In Florida?
Many people mistakenly believe that Wills are set in stone, but that is not true. Even though it’s called “the Last Will and Testament,” it may not be your last Will if you later choose to update or revoke it. Reasons why people revoke Wills vary from one case to another. In most cases,… Read More »
Can I Redeem My House After The Foreclosure?
Many people who lose their homes to foreclosure wonder if there is any way to redeem the house. The short answer is, “No, you cannot redeem your house after the foreclosure is complete.” However, if the foreclosure is not final yet, you may get your house back. If you want to redeem your home… Read More »