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Jeffrey Alan Klein
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Jeffrey Klein’s Answers

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  • Why is there no case law in for Florida Chapter 63 adoption proceedings?

    I have been told by a number of attorneys there is "no case law" for adoption proceedings in Florida. Why is this? Is it just because these proceedings are confidential? Or is there another reason why case law is not available? What implication do...

    Jeffrey’s Answer

    There certainly is case law under Chapter 63, probably hundreds of cases. The attorneys you have spoken with likely meant to inform you that recent updates or changes to the law that may be implicated in your case have not yet been addressed in appellate decisions.

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  • What is typical custody agreement for my son when his father lives out of state and is active duty? Paternity is established

    My sons father sent me a parental agreement from legal on base in North Carolina which is not applicable as Florida is his home state. I spent 6 months pregnant here, he was born here, and he's now 5 months old and will be 9 months when his dad r...

    Jeffrey’s Answer

    If Florida has jurisdiction, and if you are remaining here and he going to continue living in North Carolina, then the closest thing to "typical" would be the Seventh Judicial Circuit's "long distance" visitation plan. It would be best for you to speak with a local family law attorney who can make sure that Florida does indeed have jurisdiction. That attorney can also advise you on timesharing, child support, and other relevant issues.

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  • Can the parental rights be terminated involuntary

    i'm looking for information of terminating the fathers parental rights so my husband can adopt. he has not seen her in over 2 years, and in those 2 years he has had 3 other children (that i know of) with 3 different women. I have not received any ...

    Jeffrey’s Answer

    Miss Rosario's analysis is correct. A termination/stepparent adoption is best handled by an experienced family law attorney.

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  • Do banks accept shortsale settlements during foreclosure mediation?

    Hi my house is extremely upside down with Nationstar (not a Fannie Mae or Freddie Mac loan). I'm debating doing a short sale or fighting with a foreclosure defense attorney. I know in Orange County mediation is recommended. I also know that Na...

    Jeffrey’s Answer

    While this sounds perfectly logical, the odds of this succeeding are close to zero. The only true authority the bank representative will have at mediation will be to discuss your options in very general terms, hopefully to include short sale (usually also modification). The layers of bureaucracy on the bank's side mean that the process will necessarily take at least several months.

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  • Going to law school with past foreclosures on record-advice?

    IN FL-I had multiple foreclosures in 09 during the real estate crash and as a result have 2 deficiency judgments recorded. I never filed BK b/c well i was never forced into it by my creditors and didn't want the stigma associated with it. I just ...

    Jeffrey’s Answer

    As my colleagues correctly noted, no one from the Florida Bar will advise you on what to do. Check the classified ads in the Florida Bar News for ethics counsel. There are usually several listed. Retain one you are comfortable and follow his or her advice.

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  • If a clause in a Florida Marital Settlement Agreement (MSA) is more restrictive than an applicable statute, which would prevail?

    Florida divorce with minor children finalized in May 2013. Marital Settlement Agreement (MSA) attached to final judgment and signed by the judge. Child relocation paragraph in MSA references applicable Florida statute in chapter 61 (relocation). ...

    Jeffrey’s Answer

    • Selected as best answer

    Mostly likely the more restrictive provision you both agreed to would control because courts generally prefer to hold parties to their agreements absent valid defenses (fraud, duress, etc.) or strong public policy reasons not to do so.

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  • What negative affects from a short sale or foreclosure other than the obvious of credit rating and possible deficiency judgment?

    I have a home I formerly lived in. We bought a new house almost four years ago and have been renting the other home out since because it is underwater. We are losing at best about $500 per month between the difference between rental value and mort...

    Jeffrey’s Answer

    If you stop making payments and proceed with a short sale you may be able to get the deficiency waived as part of the short sale process.

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  • Can my spouse (ex) take our child?

    My husband and I are going through a divorce. He just picked up our daughter after not seeing her for 2 months (his choice). Is it legal for him to not bring her back home? She lives with me full time, but no custody orders have been filed as w...

    Jeffrey’s Answer

    With no prior custody orders, you and your husband are on "equal footing" are far as visitation is concerned. It would be best for the two of you to communicate about an informal visitation schedule until the hearing.

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  • Should I file for Chapter 7 bankruptcy right before, or after my upcoming Foreclosure trial? I'm trying to maximize my stay.

    My goal is to extend my stay in my home for as long as possible. Without knowing the outcome of the trial, I'm trying to way the merits of filing either right before the hearing, or right before the sale date in the event of a loss. Which procedu...

    Jeffrey’s Answer

    Best approach for you would be to try and get an extended sale date and then file just before the sale.

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  • If a 2nd mortgage is "charged off" and sent to collections, is it now an "unsecured" debt?

    My first mortgage has been in/out of foreclosure for a decade. The 2nd mortgage was charged off and sent to collections because the first mortgage debt far exceeded the home's value. Now that a collections company is demanding the full amount do...

    Jeffrey’s Answer

    In addition to the excellent advice submitted by my colleagues, you may also want to check the satisfactions of mortgages filed in your county's records. If there is such a satisfaction filed on the second mortgage then the lien is certainly discharged.

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