Happy Anniversary !

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anniversary, followers, wordpress

This marks one year since this blog was started.   If you have found this blog helpful, please let me know !

So far I have 

• 37,945 views all-time
• 304 views on my busiest day
• A special thank you to my 21 blog followers and 64 twitter followers
• Views by Country in the last six months ( top 12 countries )

• Country	Views
  United States	26,143
  United Kingdom	643
  Canada	504
  Australia	365
  Italy	131
  India	120
  Israel	97
  Brazil	92
  Albania	91
  Denmark	77
  Ireland	75
  New Zealand	71

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Annoying house guests or relatives?

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florida, guest, LANDLORD, power of attorney, relative, standing, TENANT

ANDERSON apparently was tired of the company of her cohabiting relatives  and obtained a power of attorney from the owner of the house they all lived in to evict them.   Unfortunately for Anderson,  you can only “evict”  if you are the “landlord” and the defendant is a “tenant.”    The court ruled that a power of attorney from the actual owner of the house did not authorize Anderson to file an eviction for them,  and that as the defendants were Anderson’s relations and not actual “tenants,”  they weren’t subject to being evicted.   The judge  did, however,  invoke the landlord – tenant act to award attorneys fees for the defendants as the prevailing parties of the “eviction!”

 Online Reference: FLWSUPP 1910ANDE

ANDERSON  vs.  ANDERSON. County Court, 18th Judicial Circuit in and for Seminole County, Civil Division. Case No. 2012-CC-001681-21-S. June 12, 2012. Donald Marblestone, Judge.

False Check Scam – Revisited!

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Andrew Cowley, false check, fraud, scam, Timothy Perrin

The perpetrators of the false check scam have started using methods that are a little more sophisticated.  The fraudsters are now using the name(s) of real people, mostly in the United Kingdom. Two of the recent names being used are Dr. Timothy Perrin, an Oncologist in Leeds, England, and Dr. Andrew Cowley, a Pediatrician in Wales. We have no reason to believe that the real Drs. Perrin and Cowley are involved in this scam in any way.

The fraudsters are contacting real estate brokers in the United States asking for assistance in finding property to purchase. They have a “financial broker” send information to the real estate broker showing that they have the financial ability to buy the property. They then ask for referral to an attorney.

Once the fraudsters have the attorney’s contact information, they often ask for a retainer agreement, and send a check (usually a Cashier’s check mailed from Canada) for the entire purchase price, or more. The fraudsters ask that the attorney deposit the check into his or her trust account immediately, and let them know when it has been deposited.

If the attorney follows these instructions, the fraudster will then manufacture a reason why all or part of the money should be wired to an account in a foreign bank, usually in Asia. A few days or weeks later, the attorney will be notified by his or her bank that the check was fake, and their trust account is now short by hundreds of thousands of dollars.

Please don’t become a victim of this scam! Verify with your bank, and the issuing bank, that the check is real, before depositing it. Better yet, require that purchasers who fit facts similar to these wire funds to your account and don’t accept a check. Do not disburse any funds until you are positive the check was real and the funds are cleared and are not subject to recall.

Mortgage assignee entitled to reduced liability for condo dues under §718.116(1)(b)

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718.116(1)(b), assessments, assignee, condominium, dues, florida, foreclosure, mortgage

Condominiums — Mortgages — Foreclosure — Liability for assessments — Where plaintiff became assignee and subsequent holder of first mortgage on condominium unit and thereafter acquired title to unit through foreclosure action in which condominium association was joined as defendant, plaintiff has limited liability for unpaid condominium association assessments

Awarding of attorney’s fees where Plaintiff files a voluntary dismissal

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83.47, 83.48, 83.60(2), attorney fees, florida, LANDLORD, TENANT, voluntary dismissal

Landlord-tenant — Eviction — Attorney’s fees — Lease provision allowing for recovery of attorney’s fees without need for rendition of judgment or decree  is void.  Further,  tenant is not successful litigant where landlord voluntarily dismissed eviction action after tenant vacated premises