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Legal Articles & Guides

Below are simple and easy to understand articles and guides relating to common legal issues faced by our clients.  Having a basic understanding of the process for addressing your current situation is invaluable to having an informative and helpful discussion with an attorney regarding how to proceed.  Every situation is different, so if you are facing a legal issue addressed in an article below, please contact us for a consultation.

The CARES Act Eviction Moratorium Has Expired, But There Are Other Pandemic Protections for Renters

Noticing how disastrous an impending eviction wave could be for public health during the pandemic, the Centers for Disease Control instituted their own nationwide eviction moratorium for nonpayment of rent.

Landlord and Tenant
Sean McCaughan
3 December 2020

Breaching a Lease or Contract During the Coronavirus Pandemic

Businesses across the world have been impacted by the spread of Covid-19, and many will be unable continue paying rent or performing other contractual obligations. However, such actions may be justified if caused by the global pandemic.

Business,Landlord and Tenant
Cody McCaughan, Esq.
1 September 2020

Florida Foreclosure & Eviction Moratoriums Extended Until Sept. 1st

As COVID-19 lingers, late Wednesday night Florida Governor DeSantis did what he has done at least a few times already: extending the foreclosure and eviction moratoriums in the state another month to keep people in their homes just long enough for the virus to abate.

Foreclosure,Landlord and Tenant
Sean McCaughan
31 July 2020

How To Keep a Tenant’s Security Deposit and Not Get Sued

Security deposits are at the center of many landlord-tenant disputes. In Florida, Landlords are in a very strong position in these disputes if they followed the law, and common sense, in keeping the deposit.

Landlord and Tenant
Cody McCaughan, Esq.
10 May 2020

Coronavirus Prompts Evictions Freeze in Florida

Many states, counties, and local municipalities across the country are offering some sort of rent relief or eviction protection for those affected by the economic consequences of the coronavirus pandemic. However, those protections vary widely, so if you’re in a housing situation where you need help, it’s important to know what protections are available to you.

Landlord and Tenant
Sean McCaughan
4 May 2020

5 Most Common Mistakes Made By Landlords (And How To Avoid Them)

Being a landlord can be incredibly frustrating when dealing with a problem tenant.  Below are 5 mistakes to avoid so that if a problems arises, you are in the best position to resolve it.

Landlord and Tenant
Cody McCaughan, Esq.
5 October 2019

Guide To The Perfect Eviction

Evictions are frustrating for any landlord. Your property is held hostage by a nonpaying tenant until the tenant vacates or is forced out. Ideally, a resolution can be reached before litigation, and I work with both landlords and tenants to make this happen.  However, at the end of the day, the tenant has to pay rent, or they have to go.  Here is how to get a tenant out quickly and without incurring excessive liability or costs.

Landlord and Tenant
Cody McCaughan, Esq.
29 September 2019

What You Need to Know About Quiet Title Actions

A quiet title action is a lawsuit in which the Plaintiff asserts that they possess good and marketable title to a certain property, thus putting the burden on anyone else who wants to claim ownership, lien rights, or some other right to the property, to join the lawsuit and prove their claim, or have it permanently extinguished.

Real Estate
Cody McCaughan, Esq.
1 September 2019

Title Insurance Basics for Brokers and Realtors

You’re a real estate agent, so you know that buying a home can be overwhelming for many of your clients. Homebuyers can easily feel confused and frustrated by the mounds of paperwork they have to sign. Plus, all the fees associated with closing can sometimes be a surprise even to an experienced buyer.

Real Estate
Cody McCaughan, Esq.
15 August 2019

5 Reasons to Hire an Attorney For Your Real Estate Purchase

Purchasing or selling a home is one of the most important events in your life from a financial standpoint.  After signing a contract, most home buyers elect to hire a title and escrow company recommended by their broker.  However, there are downsides to hiring a title agent who is not an attorney to handle your transaction.

Real Estate
Cody McCaughan, Esq.
3 August 2019

5 Reasons To Buy an Owner’s Title Insurance Policy

Buying a home is an exciting and emotional time for many people. To help you buy your home with more confidence, make sure you get owner’s title insurance. Here’s why it’s so important for you.

Real Estate
Cody McCaughan, Esq.
1 August 2019

Title Insurance and Closing: 6 Steps for Every Homebuyer

Your long home-buying journey is almost over. You found the home you love, the seller agreed to your offer and now it’s time for closing. Of course, there’s a lot to think about right now, and the last thing you want is something¬ to go wrong.

Real Estate
Cody McCaughan, Esq.
25 July 2019

Extensive Guide To Overtime Pay Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) mandates that certain employees are paid overtime when they work over 40 hours in a week. This guide will assist employees in determining if they are entitled to overtime, as well as employers trying to determine if they are required by law to pay an employee overtime. The FLSA prescribes stiff penalties for employers who fail to comply with the requirements of the Act and allows very large recoveries to employees who have been deprived of overtime.

Business
Cody McCaughan, Esq.
6 April 2019

What To Do When Facing Foreclosure

Dealing with the prospect of losing your home is terrifying. You are likely way behind on your mortgage payments, cash is tight, you are worried about losing your home, and you are unsure of what to do.  But all is not lost.  A foreclosure lawsuit can be a unique opportunity to resolve your issues with the bank, get back on your feet, and save your home.

Foreclosure
Cody McCaughan, Esq.
22 March 2019
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