Florida Property Easements Can Cause Land Disputes

Eric Lanigan with Lanigan and Lanigan attorneys in Winter Park, Florida discusses property easements and how to prevent land disputes related to easement disagreements.




Visit the Lanigan and Lanigan YouTube channel to view this and other videos related to buying or selling real estate in Florida.

Consult An Attorney For Florida Real Estate Deals

Protect real estate investments with a skilled attorney.

Buying Florida property can be romanticized by new investors. Protect yourself from legal glitches by hiring a real estate attorney to protect your interests. 
Eric Lanigan and Roddy Lanigan are the attorneys at Lanigan and Lanigan, P.L., in Winter Park. The Lanigans are experienced in real estate, business, civil, and financial law.

The Lanigans' real estate skill comes from practicing Florida law as Winter Park natives who have seen the ups and downs and the many scams and bad deals that unknowing buyers have had to deal with in Florida.

The Lanigans help clients involved with buying or selling real estate to avoid the pitfalls of the many issues that Florida land and property present. Clients are residential, commercial and foreign buyers and sellers investing in personal and business property.

Be Careful in Closing Florida Real Estate Deals

Most individuals work directly with a real estate agent to buy and sell property

and do not think to consult an attorney. Realtors are paid a commission from the property sale or purchase so selling the property is their focus. 

A realtor may be a seller’s agent, a buyer’s agent or a dual agent realtor with interest in buyer and seller interests. Whereas an attorney will represent and protect your interests and protect you whether you’re a buyer or a seller.

Attorney Eric Lanigan works with all types of clients before, during and after a real estate transaction. The potential for legal issues exists with the title search, the legal description of the property, land surveys, easements, appraisals, seller’s property disclosures to name a few.

In recent years, real estate fraud has become much more prevalent because of the desperate attempts that homeowners have taken to get rid of property that is about to be taken in a foreclosure lawsuit.

You May Know Real Estate, You May Not Know the Law

Taking steps to protect yourself upfront before signing a deal is more important than ever. Don’t fool yourself into thinking that watching videos, reading and negotiating a deal makes you impervious to real estate fraud or serious legal issues.

It's a great idea to be proactive and learn as much as possible. However, trust an attorney to first review your documents. 

Talk with a very experienced real estate attorney and allow them to review your contracts—at the very least.

Take the time to consult an attorney before signing any real estate contract. An attorney will review the legal documents and find potential problems before the contract is executed.

Better to spend an hour or two upfront with an attorney than many thousands of dollars and untold amounts of time fighting for what could have been avoided in the first place.

5 Reasons to Ignore Online Student Loan Debt Relief Advice

Everybody with student loan debt knows the feeling: nervous, overwhelming stress just thinking about the prospect of paying off student loan debt.

The stress keeps you awake at night, so you go online and search for solutions. Free help. Anything or anyone who can get you out of debt.

But the online answers you're seeking are not there. There is no free service that can aptly resolve your debt problems.

There are many debt counseling services. But are they legitimate and how do you know?

Work with debt counseling organizations that are approved by national debt counseling organizations:

• The Better Business Bureau
• HUD
• National Foundation for Credit Counseling
• Counsel on Accreditation

5 Reasons to Ignore Online Student Loan Debt Relief Advice

1. Average Student Loan Debt in 2013 is Increasing

If you're like the Class of June 2013, your average student loan debt bill is $35,200, according to CNN Money.

But if you're like some clients seen at Lanigan and Lanigan, P.L. you are trying to file bankruptcy or foreclosure to get rid of other debts just so that they'll have the funds to pay off student loan debt.

Student loan debt, like child support and taxes, cannot be eliminated through bankruptcy.

But some student loan debt is so high that clients come in saying "I just don't see how I will ever be able to pay the student loan debt off," Eric Lanigan, of Lanigan and Lanigan said.

"Then, people are listening to whatever a friend says about the student loan debt, instead of consulting with an attorney, they're going to free consultations where non-lawyers are telling them incorrect information.

"Student loan regulations are so complex that we've had to establish a complicated matrix plan for every person who comes to us with student loan debt. But it is a plan specific to the clients' loan.

"The options are dependent upon the type of loan, the amount, whether the loan is in default, the profession of the debt holder, the loan originator, the date the loan was taken, and so on."

2. Take Legal Advice to Handle Student Loan Debt

The complexities involved in student loans which are government-regulated, require a trained and skilled legal professional to accurately guide a debtor to the options and the relief--if it is possible--that is needed.

Eric Lanigan and Roddy Lanigan see clients struggling with student loan debt over $100,000 on average per person.

For debt at that level, the clients need to have a formal consultation with the Lanigans who walk the client through the student loan debt relief options available to them.

3. Student Loan Debt Options Vary by Individual

The options will vary for every individual. No student loan debt is the same because the individual has a different personal financial standing, loan origination date, amount of debt, profession and income.

When a person goes online in the middle of the night, awake because of the stress from student loan debt, don't look for the simple answers. Look for attorneys. Read about the options that they are explaining. Decide on a student loan debt relief attorney who has been handling student loan debt relief.

The one sure action for some peace of mind is to meet with an attorney in a formal consultation to look at YOUR loan and YOUR history and YOUR options.

4. Educate Yourself Before Meeting With an Attorney 

Visit the Lanigan&Lanigan YouTube channel where you can watch our series on student loan debt relief options. Then, when you're educated, call 407-740-7379 to schedule a formal consultation. Meeting with an attorney in a consultation gives you licensed, legal advice. You owe yourself an hour to get viable answers to what you can do to legally handle your student loan debt.

Student Loan Debt Relief Options May Include: 

• Loan forgiveness
• Loan consolidation
• Loan renegotiation

5. When You Delay, Student Loan Debt Options Disappear

One thing is true for every student loan debtor: do not delay in getting answers. If you are in default, get to an attorney immediately to begin a repayment plan, a consolidation, or another option.

If you wait, your options for resolution will disappear. Handle the stress by learning about your student loan debt and what CAN be done to relieve the stress that is keeping you awake and stressed out.

Believing that student loan debt will have to be paid forever is a terrifying prospect. But what if it's NOT forever?  Your sweating palms, racing heart, constant anxiety can be relieved with a simple action: Consult with an experienced student loan debt relief lawyer. Have student loan debt analyzed and carefully reviewed for debt relief options.

Consult with Lanigan and Lanigan to find out your options from a reliable source. Call 407-740-7379.

Banks Withstand Penalties with Financial Success, Planning

The Wall Street Journal provides a daily look back on happenings in the financial world. Today it looked back on Jan. 8, 1962, when the SEC attacked Wall Street, accusing the American Stock Exchange of ignoring rules.

History Repeats Itself

The Wall Street Journal’s prediction on January 8, 1962 was that the Securities Exchange Commission findings would most certainly lead to an increase in regulation by the government over the nation’s stock exchange.

It stated there was a lack of self-regulation, that prior warnings failed to curtail questionable behavior and that the government would have to react to protect investors, the public.

In other words, what was present then, is present today: illegal trades, questionable practices, illicit meetings and discussions, consistent bad behavior by traders and businesses, remain today.

Regulators have other ways of improving ethics at banks by holding individuals accountable. But facts in the government’s Madoff situation suggest efforts to hold executives responsible goes only so far.

How Banks Survive

Wells Fargo, the largest home lender was responsible for a fifth of U.S. mortgages in 2013 and profited from lowered rates from the Federal Reserve which aided refinancing. But as rates increased, applications slowed and cut into origination loans.

Nonetheless the bank had a record fourth quarter after cutting expenses.

A bank the size of JP Morgan can absorb a loss of $1.7 billion for its alleged role federal prosecutors found that JP Morgan had for  failing to report Bernard Madoff’s suspicious activities to the authorities.

JP Morgan which was responsible fore survived because of its financial plans:

1. Wall Street analysts estimate JP Morgan will earn as much as $23 billion in profit this year, more than any other lender.
2. JP Morgan makes $25 billion in revenue per quarter and has record capital
3. JP Morgan’s shareholders and clients remain loyal
4. JP Morgan has steadily set aside reserves over the last few years to finance future legal payouts
5. JP Morgan said that it might have to set aside an extra $400 million for the Madoff settlement

The action describes how the chief risk officer of JPMorgan’s investment bank – who is still at JP Morgan -- allowed the bank to increase its financial exposure to a Madoff entity in 2007 to $250 million.

The risk officer had spoken with Madoff and approved the increase even though it was clear that Madoff would not answer more probing questions about his firm, according to the Wall Street Journal. 

The risk officer, John Hogan, still works at JPMorgan as chairman of risk.

Bank of America has paid out over $24 billion with more to ahead. Some analysts estimate that the bank has paid at least 10 times the acquisition costs to settle such issues. There are many such cases still pending.

JP Morgan Chase, Bank of America, Wells Fargo, Citibank, Aurora, HSBC, MetLife Bank, PNC, Sovereign, U.S. Bank, Goldman Sachs, Morgan Stanley and SunTrust will be under the microscope of the SEC, investors, clients and in particular homeowners and former homeowners affected by the debt created by the mortgage crisis fiscal irresponsibility. 

If you're trying to understand how the settlements will affect you or if you get paperwork in the mail about settlements from any of the above banks from property you own, or owned, call 407-740-7379 to meet with Eric Lanigan or Roddy Lanigan of Lanigan and Lanigan, P.L., in Winter Park, Florida. 

Florida Law Firm Deciphers the Maze of Student Loan Debt Options

Lanigan & Lanigan, P.L., helps erase confusion, frustration with student loan debt relief.

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Thursday, January 2, 2013 -- Winter Park, Florida – Set a meeting with Lanigan and Lanigan to identify a plan of attack to eliminate, reduce, or have a student loan debt forgiven in the new year. 

Attorneys Eric Lanigan leads an educational website video series on student loan debt relief to clearly explain what options are available with the viable outcomes.

“Everything begins with the type of loan a person holds,” Eric Lanigan said. “If you don’t know whether it’s federal or private that’s fine. But if you know that you’re in default and you’re not doing anything to change that, you have a serious problem.

Default Eliminates Options

“The longer that you wait, the fewer options you will have. Get into an attorney’s office and determine a plan of action before the possibilities disappear.”

Visit the Lanigan and Lanigan YouTube channel holds the video series which includes the following topics:

1. What CAN Be Done With Student Loan Debt
2. How to Get an Affordable Student Loan Payment
3. Student Loan Forgiveness

Law firm Lanigan and Lanigan, P.L., a business and civil, real estate, and financial legal practice offers the online video series to educate those who are struggling to manage, handle or pay student loan debt.

High student loan debt is a common factor in bankruptcy and foreclosure cases, an issue noted regularly by the Lanigans since cases started rolling in regularly since 2007.

Lanigan and Lanigan created processes for demystifying student loan debt relief. Loan repayment, forgiveness, deferment or other options begins with loan payment status. Have payments been made on time and the type of loan determine options.

Eric Lanigan researched student loan debt regulations and the options for clients asking to reduce student loan payments to be proportionate to income. Clients came to the Lanigan and Lanigan offices because they believed that student loan debt could be forgiven or folded into bankruptcy. One thing was clear.

“Your options and possible forms of relief disappear with default,” Eric Lanigan said. “If you’ve gone into default, you’ll have different and fewer options,” Lanigan said. 

“But that doesn’t mean that you won’t be able to decrease the amount of overall debt.”

Eric and Roddy Lanigan use their experience negotiating lower mortgage loans for homeowners to negotiate with student loan lenders.

“We discovered that lenders would rather provide financial relief to a homeowner, and to receive some revenue, than not negotiate and lose an entire loan to foreclosure."

Lanigan explained that student loan lenders differ greatly from mortgage loan lenders, but negotiating and finding debtor loan options takes investigation and careful documentation.

There are many options available to debtors if the loan has not gone into default. But not every debtor qualifies. Confused? Call 407-740-7379 to consult with Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida. 

Video Series Provides Student Loan Debt Relief Options

Florida law firm deciphers student loan regulations to provide debtors with affordable repayment, deferment, settlement, forgiveness or cancellation options.

Thursday, December 19, 2013 -- Winter Park, Florida – Attorneys Eric Lanigan and Roddy Lanigan introduce a new website video series on managing student loan debt.

The series is available to be watched on the Lanigan and Lanigan YouTube channel. The first video in the series is called, “What CAN Be Done With Student Loan Debt Part 1 in a Series.”

Laniganand Lanigan, P.L., a business and civil, real estate, and financial practice law firm explains in an online video series about how to manage student loan debt.

Lanigan and Lanigan began to research methodology for tackling student loan debt when a trend was spotted in the midst of client bankruptcy and foreclosure cases.

“I’ve been continuously shocked over the last several years at the amount of student loan debt people will come in with when we talk with them about bankruptcy or foreclosure,” Eric Lanigan said. “It’s just staggering and I don’t know how they could ever possibly be able to pay it all back.”

Lanigan researched student loan debt regulations and the options for clients asking to reduce student loan payments to be proportionate to income. Clients came to the Lanigan and Lanigan offices because they believed that student loan debt could be forgiven or folded into bankruptcy.

“Student loan debt, like delinquent taxes or child support, cannot be included in bankruptcy,” Lanigan said. “Using our experiences negotiating with lenders to lower mortgage loans for homeowners, we discovered that lenders would rather provide financial relief to a homeowner, and to receive some revenue, than not negotiate and lose an entire loan to foreclosure.”

Lanigan explained that student loan lenders differ greatly from mortgage loan lenders, but negotiating and finding debtor loan options takes investigation and careful documentation.

While student loans cannot be eliminated through bankruptcy, there are many options available to debtors if the loan has not gone into default. Time is not on the side of the debtor, particularly a debtor who fell into default on a student loan. However, depending on the type of loan and the profession of the debtor, there are deferments available, and there is cancellation and even forgiveness for some student loans.

Student Loan Debt Repayment Options

Deferment

There are several options for debtors seeking a way out of student loan debt repayment.

There is student loan deferment which is available based on the type of loan, and when the loan was granted. The deferment type and the amount of time for deferment varies by student loan deferment can be given for:

·         Active duty

·         Economic Hardship

·         Head Start Staff

·         Graduate Fellowship

·         Hardship

·         Full-time, or Part-time School

·         Medical Internship or Residency

·         Law Enforcement or Corrections

·         Military Service

·         Nursing or Medical Technicians

·         Parental Leave

·         Professional Provider for the Disabled

·         Public Health Services

·         Public or Non-profit Child or Family Service Agency Employee

·         Rehabilitation Training

·         Teacher Forgiveness

·         Temporary Total Disability

·         Unemployment

·         Volunteer Peace Corps

·         Volunteer Tax Exempt Organization

·         Working Mother

Student loan debt deferments can last for up to 36 months.

Student Loan Debt Cancellation

There are loan cancellations or student loan debt forgiveness for the following reasons:

·         Death

·         Disability

·         Closed School

·         Ability to Benefit

·         False Certification by School Cancellation or Identity Theft Cancellation

·         Public Service Employees Loan Forgiveness

·         Spouses & Parents of 9/11

·         Service in Areas of National Need Loan Forgiveness

·         Legal Assistance Attorney Forgiveness

·         Fire Fighter Forgiveness

·         Librarian Forgiveness

·         Pre-K/Child Care Forgiveness

·         Speech-Language Pathologist Elementary/Secondary Forgiveness

·         Tribal College or University Faculty Forgiveness

·         Education Component of Head Start Program

·         Law Enforcement or Corrections Officer

·         Military Service

·         Nurse or Medical Technician

·         Professional Provider of Early Intervention Services for the Disabled

·         Public or Non-Profit Child or Family Services Agency Employee

·         Vista or Peace Corps Volunteer

·         Disabled Education Teacher

Many people who carry a heavy amount of student debt just want to get an affordable payment that is an income-based repayment plan.

And this is simply a plan where your payment is based on your income and not on the amount of debt you have. This way the debtor can at least afford the loan payment.

Everybody Must Be Aware of This Loan Rule

Lanigan said there is one principal that everybody can apply to student loan situation which is very simple, don't delay. Get help before you go into default. The longer a debtor waits, the fewer options that will be available to relieve the financial burden that debt can cause.

In order to find out if a debtor qualifies for any of the repayment alternatives available, and not every debtor will qualify, the best method is to set an appointment to meet with Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida. 

5 Ways to Prevent Foreclosure in Florida

Roddy Lanigan, Eric Lanigan, Erica Warlick, & Jean Booras.

One of the things Florida homeowners often say when they come in for a consultation with experienced Florida attorneys Eric Lanigan and Roddy Lanigan is that they wish that they would have come in sooner and hadn’t waited so long to get help.

When you know that you’re not going to be able to pay your mortgage, but you want to keep your home and you’ve maintained a regular payment schedule, make an appointment to see Eric Lanigan or Roddy Lanigan at Lanigan and Lanigan P.L.

There are 5 ways to prevent foreclosure in Florida. Come in to meet with Eric or Roddy and you’ll be able to prevent foreclosure by a range of actions:

1. See an attorney in a formal legal consultation to discuss the options
1. As soon as a Florida homeowner knows that the mortgage is not going to be paid or feels that the amount due is stretching your budget see an attorney.
2. If your income changes from any of the following issues, begin saving, budgeting and cutting back on any unnecessary bills.
1. Usually there’s a major life-changing financial issue that affects a homeowner’s ability to pay the mortgage. A common problem includes any of the following:

·         Losing a job

·         The loss of:

o   Social Security

o   Disability

o   Alimony

o   Child support

o   Feelance work

o   Second or side job

·         Getting a medical issue not covered by insurance

·         Divorce

·         Car accident or injury with long-term disability

3.    Consider a mortgage workout to refinance your home mortgage.

4.    Change your financial habits with a strict budget that includes saving money.

5.    Let Eric Lanigan and Roddy Lanigan create a viable mortgage workout program complete with applications for government programs, principal forgiveness, debt reduction, second mortgage elimination, credit card debt elimination and many other very carefully planned options to present to the banks on your behalf. 

Don't Do It Yourself: Saving Your Home is NOT a DIY Project

Don't be proud and think that you can go toe-to-toe with the bank attorneys and financial experts. 

Don’t try completing paperwork on your own for programs like HAMP (Home Affordable ModificationProgram. 98% of all homeowners who complete the forms alone are turned down due to incomplete and incorrect form completion.

Other reasons for turndowns include an inability to reach the proper person at the bank and the inability to provide an attractive financial alternative mortgage package to the bank.

The Lanigans have an extensive amount of experience in creating packages for homeowners to the banks. They will be more adept at knowing what the banks will accept vs. what you as a homeowner can put together to appeal to the banks to make them interested in accepting an alternate payment plan.