|
|
|
|
Protecting your Business from a Hurricane
By Casey A. Stoutamire
Last month we gave you information on how to protect yourself, your family, and your personal property during a hurricane. Our focus this month is on protecting your business from a disaster.
Protecting your business from a hurricane or other natural disaster can involve a variety of actions, from inspecting and maintaining your buildings to installing protective devices. However, the majority of these actions should be carried out by qualified maintenance staff or professional contractors licensed to work in your state, county, or city, especially those that affect the structure of your buildings or their utility systems. One example of hurricane and other disaster protection is to safely store your important documents, electronic files, raw materials, and inventory required for the operation of your business.
For more information on how to protect your business records and inventory, the estimated cost of preparing your business for hurricane season, and other helpful hurricane preparation information please visit our website:
www.ahurricaneattorney.com
Article content chosen from FEMA website: FEMA 500 C Street SW, Washington, D.C. 20472 Disaster Assistance: (800) 621-FEMA, TTY (800) 462-7585
|
Mortgage Fraud
By Charles R. Gallagher III
If you been reading the newspaper lately or watching the news it is no doubt that you have heard about the prevalence of mortgage fraud. Unfortunately, the bay area is not immune from such fraud. One of the tactics is the "bait and switch." The mortgage broker will present one set of documents which list a fixed rate term, favorable rates or other borrower terms. However, at closing the documents show an adjustable rate, higher rates and lender terms. Another scam preys on those who don't speak English. Often times mortgage brokers will also target an ethnic community and show up at the lender's house, obtain their trust and then request they sign many documents.
However, there are things you can do so that you are not a victim of mortgage fraud. First, you are less likely to run into mortgage fraud with a well known lender or an existing bank/creditor of yours. Next, ask for all the documents a day before the closing and highlight the terms which might be in dispute. Bring those documents to the closing and compare them with the documents provided by the title agency. If the terms deviate or additional terms are included, don't close. Next, if a mortgage broker searches you out or comes to your house, be careful. Finally, ask around to find out the lender's record.
A prepared borrower is much less likely to be a victim of mortgage fraud. Finally, we are happy to offer a free consultation to review your mortgage documents before you close. |
Advance Health Care Directives
By: Lindsay W. Brown
With another Presidential election gearing into action, past controversies will once again emerge. Amongst those controversies, Terri Schiavo of St. Pete brought national attention to the role of advanced directives when her parents and husband argued before the courts and to Congress over who had power of Ms. Schiavo's medical decisions when she became incapacitated.
Two types of advanced directives exist: a living will and the Designation of Health Care Surrogate, which is also known as a durable power of attorney for healthcare. Key differences exist between these two forms.
First, a living will only lets others know of the patient's choices in terms of life prolonging procedures. A physician or Health Care Surrogate should follow such directives, but a living will may not prevent problems if family members or loved ones disagree over course of treatment as demonstrated by Terry Schiavo's situation. Under Florida law, if a health care surrogate has not been appointed, the power to make decisions rests, in order, with 1) spouses, 2) adult children, 3) parents, and 4) siblings.
A health care surrogate, however, is appointed by another adult to make health care decisions when that adult is unable to do so. In essence, the living will concerns a person's choices, but does not specify a person power to make medical decisions. A health care surrogate actually has the power to make healthcare decisions in the event of incompetence or incapacity.
Also, advanced directives are easy to obtain by filling out some simple forms. Please feel free to stop by Gallagher & Associates free workshop on Wednesday October 10, 2007 from 1:00-4:00 p.m. for our Wills/Trust Workshop with Free Designation of Health Care Surrogate. Our firm will be happy to help you to figure out the right kind of advanced directive for your situation, help you fill out the necessary forms, and provide necessary witnesses.
|
Real Estate Corner
By Charles R. Gallagher III
Navigating the purchase of a house is no easy task. It's not surprising that most buyers retain a real estate agent or real estate broker. But who does the realtor really represent? Can they represent both the seller and the buyer? What duties does the broker owe the buyer? What powers does the broker have?
The first thing the buyer or seller should do is to look at the documents provided by the realtor. A realtor will typically ask buyer to sigh either an Agency Disclosure or Listing Agreement. This should spell out who the realtor represents. Also, look to the Contract for Sale and Purchase. Many contracts, such as the common FAR/BAR contract include the realtor as a party to the contract.
Given the ambiguities in the realtor's role, the legislature passed, Fla. Stat. � 475.272, which is also known as The Brokerage Relationship Disclosure Act. This statute states revokes all dual representation and requires that a realtor only represent either the buyer or seller. However, the statute does provide for a transactional broker to broker the entire transaction with the understanding that the transactional broker owes only limited duties to all the parties and no fiduciary duty is created with a transactional broker.
If you have any questions about your realtor or the purchase of a house, please contact us for a free consultation.
|
|
G&A Legal Seminar Series
"Your Neighborhood Lawyer"
A Series of Free Seminars and Workshops on Everyday Legal Issues
***
"Wills, Trusts and Living Wills: A Practical Overview"
Including Free Designation of Heath Care Surrogate
Wednesday, October 10, 2007
2:00 p.m.
Gallagher & Associates Law Firm, P.A. Offices
Please Call Ginny at 727-344-LAWS or email ginny@attorneyoffices.org to RSVP
___________________________
November 2007 Presentation:
Mortgage Fraud: How to Protect Yourself
December 2007 Presentation:
Homeowners Insurance Claims: Mold & Hurricanes
January 2008 Presentation:
Identity Theft and Credit Protection |
|
Firm News & Notes
� Gallagher & Associates is sponsoring a team for the Race for the Cure on October 6, 2007 at Vinoy Park in St. Petersburg. Our team welcomes those who want to run/walk or you those who just want to make a donation. All walkers/runners will receive a special edition "Dropping our Briefs to Find a Cure" t-shirt.
� On July 11th, Gallagher & Associates hosted an open house for local clients and friends of the firm. We had a great turn out and everyone had a great time. Thank you to all of those who attended! Please visit www.attorneyoffices.org to see pictures from this event.
� On July 10th, Charles Gallagher, Lindsay Brown, and Casey Stoutamire presented a talk on Insurance Claims and Litigation at the St. Petersburg Legal Support Specialists monthly meeting.
� Gallagher & Associates is now a member of Attorneys Title Insurance Fund.
| |
|
|
Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area. Our main practice areas include: insurance litigation, real estate & business litigation, accident/injury litigation, consumer law, and employment litigation. |
|
|
