Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Short Sale: Questions and Concerns

Posted on November 7, 2012 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship. A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.

A short sale can be a helpful tool when trying to avoid foreclosure. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

Beginning November 1st, 2012, changes were made to help streamline the short sale process including:

  • An expedited short sale approach for borrowers most in need.
  • Lenders will now have the power to quickly and easily qualify certain borrowers who are current on their mortgages for short sales.
  • Lenders will waive the right to pursue deficiency judgments in exchange for a financial contribution when a borrower has sufficient income or assets to make cash contributions or sign promissory notes.

The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your short sale is being handled by an accountable professional.

If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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2012 Presidential Election Voting Procedures

Posted on November 5, 2012 by Blick Law

Tomorrow is Election Day, and millions of Americans will be heading to the polls in support of their Presidential candidate. In an effort to effectively facilitate the constant flow of voters, the Florida Department of State, Division of Elections issues a Polling Place Procedures Manual. The Manual includes instructions on Voting Procedure and Voters’ Rights.

Procedurally, voters are required to have their eligibility to vote determined prior to voting and must present required identification which may include the following:

  • Valid Florida driver’s license
  • Florida ID card issued by the DHSMV
  • U.S. passport
  •  Debit/credit card
  •  Military ID
  • Student ID
  • Retirement center ID
  • Neighborhood association ID
  •  Public assistance ID (Social Security or other social services)

Voters may bring in pre-marked sample ballots or campaign literature for their personal use; however, voters are prohibited from using literature for campaigning purposes. Additionally, voters may wear campaign buttons, shirts, hats, or any other campaign items when they enter the polling place to vote.

It is important to know that voting rights afford voters the opportunity to receive up to two replacement ballots if he or she makes a mistake prior to the ballot being cast; receive an explanation if his or her registration or identity is in question; cast a provisional ballot if his or her registration or identity is in question; and among other things, may receive written instructions to use when voting, and, upon request, oral instructions in voting from election officers.

Blick Law Firm knows that it is important to understand your legal rights, and encourages all Americans to exercise their right to vote. If you or a loved one has questions or concerns regarding your legal rights, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Driving with a Suspended License

Posted on November 2, 2012 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their diving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.

Driving without knowledge of the suspension generally leads to the issuance of a non-criminal citation. However, it is important to know that payment of the non-criminal citation operates as an acknowledgment of guilt and points may be assessed against your license because it is considered a moving violation.

In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:

(1) First conviction is a second degree misdemeanor;

(2) Second conviction is a first degree misdemeanor;

(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.

The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.

If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Dog Bite Florida

Posted on November 2, 2012 by Blick Law

Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites a person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.

In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.

Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to the victim’s own actions, dog owners should be aware of their potential strict liability.

Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.

Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.

If you or a loved has been the victim of a dog attack and need legal representation; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions, call Blick Law Firm today @ (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!

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Seat Belt Safety Florida

Posted on October 30, 2012 by Blick Law

Each year, automobile and motorcycle accidents are a major cause of fatalities nationwide. As a result, it is important to employ all necessary safety measures available to avoid or reduce the risk of serious injury while operating an automobile or motorcycle.

Studies indicate that the use of a safety belt greatly reduces the chance of harm or serious injury when involved in an auto accident, especially when an automobile operator is thrown from the vehicle as a result of impact. In an effort to combat this risk and encourage the use of safety belts, Florida has mandatory safety belt requirements. In Florida:

  • Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
  • All passengers in the front seat must wear a seat belt.
  • All passengers under 18 must wear a seat belt.

Florida also has mandatory child restraint laws that hold drivers responsible for buckling up children. Specifically, Florida law requires that children 3 years old and younger must be secured in a federally approved child-restraint seat; and children 4 through 5 years old must be secured by either a federally approved child restraint seat or safety belt.

Motorcyclists have even more safety concerns as motorcycle accidents tend to involve more serious injuries and incur a higher rate of fatalities. Additionally, with the rising costs of health care, insurance companies have begun to include exclusion clauses to insurance policies that can deny coverage for risky behavior such as motorcycling. While Florida law does not require the use of motorcycle helmets, research conducted by the National Highway Traffic Safety Administration indicates that motorcyclists without a helmet are three times more likely to suffer brain injuries, and that helmets reduce the risk of death by nearly 30 percent when involved in a motorcycle accident.

If you or a loved have been injured in an accident and you have questions or concerns about your rights to recovery, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Halloween Safety Tips

Posted on October 29, 2012 by Blick Law

The holiday season is quickly approaching, and while preparing to celebrate with close friends and family it is always important to take extra precaution to ensure your safety, and the safety of others. Halloween can be a particularly dangerous holiday, and many times injuries can be prevented by taking simple precautions.

Statistically, Halloween contributes annually to an increased rate of accidental injury, especially to pedestrians and children. In an effort to reduce the risk of potential injury, everyone should be aware of helpful Costume Safety tips, including:

  • Make sure your costume is visible at night by including bright clothing or reflective tape.
  • Ensure that masks do not obstruct breathing or impair vision; and that the Costume allows you or your child to move around freely.
  • Ensure that the costume material is fire resistant; in the event the costume comes in contact with fire, you can reduce the risk of severe burn injury
  • Avoid costumes that include sharp objects; and for children especially, avoid accessories that are easily swallowed.

Remember, reducing the risk of injury does not always prevent accidents from happening, but it is always better to employ precautionary safety measures.

If you or a loved one is injured during the holidays and you have questions or concerns regarding your rights, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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