Recent Articles

Set Off Provisions In Bank Agreement Does Not Override IRA Protection

Jonathan Alper
March 22, 2012 14:48

 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

Jonathan Alper
March 18, 2012 19:36

 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

Jonathan Alper
March 14, 2012 14:37

 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

Jonathan Alper
March 10, 2012 15:08

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

Jonathan Alper
March 06, 2012 19:38

 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...

Tenants By Entireties Does Not Require Florida Residency

Jonathan Alper
March 02, 2012 16:52

 A reader asks an interesting question about tenants by entireties protection: does tenants by entireties protection apply to marketable securities held in a Florida brokerage account where one of the spouses is a permanent Florida resident and the other spouse resides outside...

Homestead Not Abandoned By Surrender To Lender In Bankruptcy

Jonathan Alper
February 26, 2012 16:48

 Your homestead property is exempt as long as you intend to maintain the property as your permanent residence. When a homestead owner files bankruptcy he must declare his future intention regarding his homestead property and mortgage. The debtor must declare if he intends to reaffirm the...

Article Indicates Mortgage Lenders Decided To Encourage Short Sales

Jonathan Alper
February 21, 2012 16:42

 Are mortgage lenders finally “getting it?” Since the beginning of the housing crash so many homeowners have expressed to me their frustration trying to work with their mortgage company to arrange a reasonable short sale of their real estate. These homeowners could not comprehend...

Pay-On-Death Account Money Protected From Creditors After Your Death

Jonathan Alper
February 17, 2012 02:28

 If other attorneys call me with questions I conclude that many laymen have the same question. A California attorney called today to inquire about his mother’s situation in Florida. His mother owns an upside down condo in Florida. She is elderly and ill. The mother’s biggest asset...

Bankruptcy Court Says No Claims Permitted For Conspiracy or Aiding And Abetting Fraudulent Transfers

Jonathan Alper
February 12, 2012 18:26

 A recent bankruptcy court decision addressed the issue of whether people who assist a debtor’s pre-bankruptcy fraudulent transfers can be held liable for damages in the bankruptcy proceeding. In this case, a trustee hired to liquidate debtor property filed a complaint pursuant to...