Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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Real Estate
The passage of a new bill added the Home Affordable Refinance Program (HARP) to the list of available mortgage refinance programs. The program is designed to help give relief to homeowners so that some mortgages can be refinanced but with several hinderances. The new plan requires homeowners to be current on payment and the bill refers only to loans sold to Fannie or Freddie by May 31, 2009. The Home Affordable Refinance Program, or HARP, was started in 2009 and let homeowners refinance mortgages at lower rates and qualified borrowers to bypass the usual requirement of having at least 20 percent equity in their home. To spark interest in HARP the program will lower fees, eliminate the current 125% loan-to-value ceiling, waive lender warranties and eliminate the need for property appraisals.Few people have signed up because upside down borrowers — those who owe more than their homes are worth — couldn’t qualify under the program. About 22 percent of homeowners–11 million–are upside down. As of September 1, fewer than 900,000 homeowners, and only 72,000 upside down homeowners refinanced through HARP. The program was hoped to have helped 4 to 5 million homeowners. Those who’d lost the most value in homes weren’t eligible. Participation was limited to those whose home values were no more than 25 percent below what they owed lenders. That excluded roughly 10 percent of borrowers. In some areas of the country, borrowers have lost nearly 50 percent of their home’s value. Another problem: Homeowners must pay thousands in closing costs and appraisal fees to refinance. Typically, that adds up to 1 percent of the loan’s value — $2,000...
The Law
At-will Florida employment law confuses many Americans who still believe an employer needs a reason to fire an employee. That’s not true. The at-will doctrine says you can be fired for any reason or no reason at all. It exists everywhere but Montana. For people who are not looking at the contract or agreement they sign when they get a new job, it’s time to start looking closely because the words “at will” may be somewhere in what is signed. What Is At-Will Florida Employment Law? Florida is a state with at-will employment laws meaning an employer can fire an employee without any cause or notice. Employees who have an at-will employment agreement can be fired tomorrow without being given any notice or reason because employment policy is in line with the state’s law. In addition, employees have no say except if they feel they were fired based on illegal discrimination or illegal termination in violation of a public policy. The good news is that an at-will employee may quit the job without having to give any notice as well. Unlike a salaried job, an at-will job is basically any job that is paid by the hour and does not have a lot of rights to grievances. Permanent employees cannot be fired at will, have rights to grievances and can sue their employer. In any position human resources is the gatekeeper. They ask the reason for termination and the rationale. This is done to cover the employer and to make sure that procedures are followed prior to dismissal to correct or to document employee performance. Lanigan and Lanigan, Civil and Business...
The Law
Even though Florida’s laws are some of the most debtor-friendly in the United States, find an attorney that understands Florida asset protection law. If you become a resident your personal property is covered despite where the accounts and assets are held but there are always limits say Orlando asset protection attorneys Roddy Lanigan and Eric Lanigan. Understanding Florida Asset Protection Law Wages, earnings and other compensation are covered under the law, and the cash value of insurance policies until you die. Only then can creditors collect what you owe them. But there are no blanket safety nets available no matter how much wealth you have. Find out what an attorney can do to clarify Florida asset protection law for you by consulting with Eric and Roddy Lanigan of Lanigan and Lanigan. Annuities, for example, have been found by the Florida Courts to be exempt from creditors. There are methods to help make certain you keep your money in the family. From purchasing international annuities from Lichtenstein or Switzerland, which protect them from outside creditors or moving a U.S. business headquarters to Switzerland to take advantage also of the lower tax rate, there are legal, economically sound options to help maintain wealth and investments. But hire a lawyer with the economic experience that includes years of asset protection, education and clients. Your financial future is a big decision so choose carefully and ask questions about asset protection knowledge. Constitution and subsequent court rulings exempt what is called “homestead property” from creditors, and Florida courts have quite interpreted definitions of homestead property to include more than just a single-family home. Condominiums,...
The Law
No one wants to think about getting arrested for a crime, but it’s better to have an understanding of the Florida criminal case process if you do. Accidents do occur that can be considered criminal acts. At least be aware that if you’re accused of a crime and arrested that you’ll need an experienced criminal defense attorney. The Florida Criminal Case Process If you have been accused of a crime here’s what may lie ahead for you if you’re considered a suspect. Be sure to ask for an attorney and for a phone call. At that point consult with Roddy Lanigan, an Orlando criminal defense attorney who provides aggressive representation with a personal touch. Talk with a lawyer before talking with the arresting officer in any criminal case. It’s your right and you don’t have to answer questions without an attorney present. The Arrest When a crime is alleged to have been committed and a suspect is asked to come in, apprehended, arrested or brought into the police station, an arresting police officer will read a suspect Miranda Rights. Questions may be asked of the suspect who has the right to have an attorney present and a right to a phone call before questioning occurs. Suspects do not have to answer questions and should have an attorney present during all questioning. If there is enough suspicion or proof that a crime occurred a suspect is taken into custody and held in jail. Fingerprints and a photo are taken. The arrest report is filed. First Appearance When a defendant is arrested and unable to post bond, he or she is entitled...
Bankruptcy
When filing Chapter 13 Bankruptcy in Florida, you may be required to make other court appearances in addition to your confirmation hearing. If your Chapter 13 bankruptcy plan is drafted properly, your confirmation hearing will probably be the only time you have to appear in front of a bankruptcy judge, however there may be additional appearances required. Reasons for Chapter 13 Court Appearances: Confirm your repayment plan if you later amend it Value an asset if your plan proposes to pay less for a car or other property than the creditor thinks it’s worth — which could happen if you try to diminish the item’s value Respond to requests by a creditor or the trustee to dismiss your case or amend your plan Respond to a creditor who opposes your right to discharge a debt (if claiming you incurred the debt through fraud) Discharge a type of debt that can be discharged only if the judge decides that it should be (i.e., student loan due to hardship) Eliminate a lien on your property that will survive your Chapter 13 bankruptcy unless the judge removes it Reaffirm a debt that would otherwise not survive your bankruptcy Consult with Florida Bankruptcy Attorney Eric Lanigan You really need to talk to a lawyer for the best possible outcome if by chance any of these court appearances are required. There will be judges and trustees who seem to be helpful, but many will also make every attempt to make your life difficult. They may bully you until you go and hire an attorney so do it before there are problems. Consult with experienced Orlando...
Bankruptcy
How does a city function under the threat of bankruptcy and what happens when cities file bankruptcy? What Happens When Cities File Bankruptcy? Vallejo, Calif., Central Falls, R.I.; Harrisburg, Pa.; Boise County, Idaho, and Jefferson County, Ala., have all filed bankruptcy or will declare bankruptcy soon. In their situations, budget cuts happen first closing fire houses and thinning the ranks of police. Abandoned and foreclosed homes pockmarked neighborhoods force businesses to leave. Next taxpayers go and the prostitutes and drug-sellers move in. This is what happened in Vallejo, California. Few cities get so desperate as to seek bankruptcy protection. Since 1937, when Chapter 9 bankruptcy filings first became an option for municipalities, there have been only 625 filings according to ABC News. Only five communities this year have filed for bankruptcy. Six filed in 2010. Jefferson County, Alabama, was hit hard too. The county can’t afford to make repairs to its aging bridges so for safety, school busses must go around them, racking up 1,722 miles in detours at an added cost of $2.5 million a year, according to Bloomberg. Companies run out of money and stop paying taxes. Tax payers leave. With increasing insurance costs and constant need for city services, cities go into debt. When their credit lines run out, the city files for bankruptcy. Consult with Lanigan and Lanigan on Florida Bankruptcy If bankruptcy is filed by cities in hard times so you shouldn’t feel guilty. A tough Florida economy has made it nearly impossible for families, businesses and individuals to recover . Meet with Winter Park bankruptcy attorney Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan, P.L.,...
Mortgage Workout
Many scared and overwhelmed homeowners and business owners have properties on the brink of foreclosure do not know the benefits of mortgage workouts. A mortgage workout is a refinancing of a mortgage held by a homeowner who is in foreclosure, will soon be in foreclosure or who is about to be late on a mortgage payment. Floridians facing foreclosure turn to Eric and Roddy Lanigan and Rich Marquez for counseling and see the benefits of Central Florida mortgage workouts. Considering the Benefits of Mortgage Workouts Nobody can guarantee results in your case or any other. Everyone’s financial situation varies, your arrearage varies, your property value varies, your credit history varies. Everyone’s mortgage is different and no one can ever tell you they can promise results. “We certainly do not,” said Eric Lanigan, Winter Park, Florida, bankruptcy and foreclosure lawyer who with Roddy Lanigan try to help keep businesses and homes out of financial disaster. “We have been successful in accomplishing these things for our clients,” said mortgage workout agent with Lanigan and Lanigan, Rich Marquez. Here’s where Lanigan and Lanigan have been able to get for some clients and have been successful in coming to agreements with lenders and receiving: Interest rate reductions as low as 2% Extensions for terms of the loan from 30-year mortgages to 40- and 50-year mortgages Principal Balance reductions Permanent forgiveness Principal balance deferment Principal balance settlements Lanigan and Lanigan Handle Mortgage Workouts “No bank in the country will tell you that they want to go down the foreclosure route,” Marquez said. “They would be open to negotiating with us, their doors will be...
Bankruptcy
Third Quarter 2011 Home Foreclosures Increase RealtyTrac CEO James Saccacio said the initial jump in home loan defaults from July to September 2011 is significant because it is the first increase after five consecutive quarterly declines in Florida, suggesting banks are addressing a backlog of homes in foreclosure and are now beginning to move on more recent home loan defaults. The third-quarter increase in initial defaults was largely a product of a spike in August. In September, default notices were off 10 percent from August, RealtyTrac said. Federal, state and bank officials are expected to hold another round of negotiations in Washington and Florida’s attorney general dismissed media reports that a final settlement is imminent in multi-state negotiations over alleged foreclosure abuses by U.S. banks.State Attorney General Pam Bondi said states should return to bolster any deals if they’ve pulled out of the negotiations, according to Reuters. Some states aren’t on board and they’re trying to bring back some people who left. Negotiations toward a settlement have been going on for months with penalties on the banks of up to $20 billion being discussed. A settlement would free up a backlog of foreclosures weighing on housing markets and dragging on economic growth. A pickup in foreclosure activity also means a potentially faster turnaround for the U.S. housing market. Experts say a revival isn’t likely to occur as long as there remains a glut of potential foreclosures hovering over the market. Florida Bankruptcy Attorneys Lanigan and Lanigan Consult with Winter Park Florida bankruptcy lawyers Eric Lanigan and Roddy Lanigan before allowing your payments to be late and your mortgage to...
The Law
A business turnaround can be achieved to avoid a Chapter 11 bankruptcy if action is taken in time with a business reorganization. Lanigan and Lanigan, have been advising and consulting with Central Florida businesses in good times and bad times and can work with you to see if your business can be righted by reorganizing. Winter Park business lawyers Roddy Lanigan and Eric Lanigan have helped financially strapped and internally challenged businesses successfully work through complex financial schematics and forego Chapter 11 bankruptcy. When a company struggling with debt, limited cash flow, no asset protection, strained vendor relations and unfocused leadership decides to reorganize every aspect of the business goes under an economic P&L microscope. Avoid Chapter 11 With Business Reorganization Corporate reorganizations involve reducing or changing company operation, determining which portions of the company to consider selling to investors, how to finance debt and how financial gains are shared. The complexities involve current and forecasted financial strategy and all changes to a company whether big or small involve many choices, risks and outcomes. This plan should identify the most important areas of your business. What are the most basic departments you need to keep your company running? What key documents and other items do those departments need to operate short-term? A list should specify the necessary equipment. It may include software and hardware for the technology department as well as business equipment and spare parts. And you must create a basic operating budget detailing all expenses. Find out the minimum financing you need to keep your business running. Reorganization rescues businesses from financial distress. The actual benefits of...
The Law
The number of work-related visas are limited therefore individuals seeking employment-based visas in Central Florida depend on direction and support that only an experienced immigration attorney can provide.Orlando attorneys Eric Lanigan and Roddy Lanigan, Lanigan and Lanigan, P.L., provide immigration assistance and work with multinational corporations and foreign nationals with immigration needs. The Number of Work Related Visas Are Limited There are a restricted number of visas provided annually in the U.S. They’re preference-based and because they are difficult to obtain, it’s important to know the basics before applying. EB-5 Visa for Investors Who Create Jobs Employment creation through investments EB-4 Visa for Special Immigrants Retired employees of international organizations Current and former employees of the U.S. Government at overseas locations. Religious workers working with or for a religious organization in the U.S. EB-3 Visa for Skilled or Professional Workers Professionals with a B.A. or B.S. who may not qualify for a higher preference or category Certain skilled workers with a minimum of two years training and experience Other workers with certain circumstances that allow for less than two years’ experience or training EB-2 Visa for Professionals with Advanced Degrees or Persons with Exceptional Ability Exceptional ability in the sciences, business or arts Members of certain identified professions who hold advanced degrees or their equivalent EB-1 Visa for Priority Workers Labor certifications aren’t required for EB-1 visa categories. A job offer to the foreign national is required only for outstanding professors/researchers and multinational managers/executives, i.e., EB 1.2 and EB 1.3 Outstanding researchers and professors Certain multinational managers and executives Extraordinary ability in the sciences, business, athletics, education, or arts...
