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Litigation Archives

INTERNATIONAL ESTATE PLANNING: FLORIDA REAL ESTATE PROPERTY OWNED BY CANADIAN CITIZENS

At The Law Office of Sam J. Saad, III, we routinely work with Canadian attorneys to prepare comprehensive estate plans, administer trusts, and probate estates. This collaboration allows us to best serve our clients' interests more effectively.

THE FAIR HOUSING ACT GIVES YOU THE RIGHT TO HAVE AN EMOTIONAL SUPPORT ANIMAL IN YOUR CONDOMINIUM

The use of emotional support animals to provide therapeutic treatment to their owners is a growing trend across the United States. Qualified individuals who may suffer from various types of disabilities are utilizing the therapeutic benefits that emotional support animals can offer. However, one issue that emotional support animal owners may encounter is how to maintain their emotional support animals in condominiums that do not allow pets of any kind on the premises. The Fair Housing Act ("FHA") makes it unlawful for any person to refuse "to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford ... person(s) [with disabilities] equal opportunity to use and enjoy a dwelling." Waiver of no pet rules for animals that assist disabled persons in coping with their disabilities is a modification required by the Fair Housing Act, regardless of whether the animal is tasked, trained or assists by providing companionship and emotional support.

PROCEDURE CAN PROTECT YOU FROM IMPROPER FORECLOSURE

Sometimes being a master of procedure is how you win the day in court and protect your client from improper foreclosure. We can illustrate this point with an example from an appearance The Law Office of Sam J. Saad III made recently in a foreclosure case. In the case, one we were previously able to have dismissed, the opposing attorney filed a Motion to Substitute Plaintiff. This was very clearly improper procedure.

WHAT ARE THE STATUE OF LIMITATIONS ON FORECLOSURE?

Under Florida Law, the five-year statute of limitations on foreclosure begins to run when the last payment is due unless the mortgage or promissory note contains an optional acceleration clause. When the promissory note or a mortgage contains an optional acceleration clause, the five-year statute of limitations begins to run on the date the acceleration clause is invoked.

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