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Jonathan Alper
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Recent Articles
Set Off Provisions In Bank Agreement Does Not Override IRA Protection
A caller was concerned that his IRA funds held as his bank’s brokerage department are not protected against an outstanding judgment because of a “set off” provision of the bank’s depositor agreement. The agreement states that “to the extent permitted by...
Writ Of Garnishment In Florida: How To Beat The Creditor
Many people are motivated to contact be because a creditor served a Florida writ of garnishment on their employer or bank account. One of their first questions is : “what should I do about the garnishment?” I am going to take this opportunity to provide a short, general answer to...
Mortgage Lender Allows Large Principal Reduction To Avoid Foreclosure
In another example of bank’s becoming cooperative in mortgage modifications for primary residences, an attorney colleague told me this week that one of his clients was offered a substantial principal reduction as part of a deal keep the client in his home. The bank foreclosed, and the...
Tenants By Entireties Protection Outside Florida
Tenants by entireties property in Florida is exempt from individual debts of either spouse. It makes no difference if the debtor is a Florida resident or an out-of-state resident with property located in Florida. From time to time I advise Florida clients who own real property or other assets in...
Asset Protection Limitation Against SEC Judgment
A new client this week wanted help to deal tieh a money judgment against him in favor of the U.S. Securities and Exchange Commission. The client’s main assets were a Florida homestead and a company pension. He is a salaried employee and supports his spouse and children. I have...