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Modification Workshop – Orlando, FL August 26, 2013

 

 

Event Details

Track I: 8 Hour Course (Includes 1 hour ethics) for Mediators: Residential Mortgage Modification Course pursuant to Administrative Order 2013-3 for inclusion on the Bankruptcy Court panel of mediators for the United States Bankruptcy Court, Middle District of Florida
Track II: 8 Hour Course (Includes 1 hour ethics) for Attorneys, Staff and Law Students: Successful Mortgage Mediation through Bankruptcy

Time

8:30 a.m. – 4:35 p.m.

Cost

Early Registration through August 18, 2013
Attorney / Mediator: $349.00
Staff: $249.00
Law Students: $150.00
Late Registration begins August 19, 2013
Attorney / Mediator: $399.00
Staff: $299.00
Law Students: $199.00
Flash drive of materials and resource tools are provided. Binder cost is $75.00

Location

UCF Executive Development Center at Ying Academic Center
University of Central Florida
36 West Pine Street
Orlando, Florida 32801

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For parking details, click here: Directions and Parking to EDC 2011
Hotel Information: Crown Plaza Hotel Orlando

• Workshops

Legal Realities of Complex Litigated Divorce Proceedings

When people want a divorce there are several questions they must consider, the How's, When's Where's, Who's, Why's and What's.

How to tell the spouse? How to tell the children? How to tell the rest of the family? How to go about filing a divorce?

When should I tell my Spouse, children, family, and friends? When should I move out or insist my spouse move out? When should I find a job? When should I consult an attorney?

Where should I live? Where should my children live? Where should we file the divorce?

Who should get an attorney? Who should represent me? Who should know what?

Why do I want a divorce? Why should I stay? Why should I care about all these questions??????

Finally, the What's!
What is the law applied to my case? What do I do if . . .? What will my spouse do? What will everyone think? What will happen to all our savings? What will happen to the china cabinet mom gave me and all its contents we have accumulated? What do I do with my wedding ring?
 
You want Answers? The Court wants answers. The Courts want answers to Alimony and Child Support. Who will pay and How Much? The Courts want to know who is going to pay attorney's fees. Courts will decide who gets the High Assets or valuable Personal Property. The Court can decide what to do with the Marital Home. There is an easier way!

That is a long list of questions with very few easy answers! Some of the questions I would ask are:
How much time do you want to devote to court proceedings?
When do you want all this to be completed?
Where do you want to end up after all is finalized by the court?
Who will win/lose or decide?
Why does anyone have to let the Judge Decide?
What do you want to happen with your children? Of course my questions are directly related to a Collaborative Divorce, in which the Husband and Wife make all the decisions about the Property, Assets, Timing, and living situations, and the Mother and Father make all the decisions about the children. Some people think this is a Radical idea. Others believe that two people who could not get along well enough to remain married Cannot Possibly Get Along well enough to decide what is best for their family. I Disagree. From years of practice, we in the Collaborative Practice community have witnessed the most intractable situations turn out with everyone in agreement to a reasonable outcome.

Attorneys who are not committed to the collaborative practice and merely offer it alongside their mainly Litigation Practice, do no favors to their clients. Litigated cases are almost always significantly more expensive than Collaborative Cases. Further, Collaborative cases allow you to decide the timeframes for completion. You are not forced to work at the court's convenience, rather, your time schedule is of paramount importance.

Finally, you get to make the decisions affecting your family. By negotiated agreement you and your spouse will decide all issues. That is a radical idea. Call me at 407-645-3297 or visit my website at www.aubreylaw.com or visit the Collaborative Family Law of Central Florida website at www.cfl-cfl..org

Investigate the questions. Get answers to your questions. You have the Power! 

Frequently Asked Questions: Mortgage Modification Mediation

For the past year, I have been involved in a company which trains attorneys to defend Foreclosures through Bankruptcy and the Mortgage Modification Process.

While normally mediations in foreclosure proceedings are not very successful, (less than 5 percent result in loan modifications or the owner being able to remain in the home) we have seen great success through a relatively new bankruptcy court proceedure requiring Mediation. In the Orlando area,  more than 70 percent of homeowners have been able to modify their mortgages and keep their homes through this program.

Yes, you read that correctly, higher than 70 % success rate through Mortgage Mediation in Bankruptcy in the Orlando Division of the Middle District of Florida!

While the program is taylored toward bankruptcy, any attorney can benefit from the training provided. To learn more, visit www.mortgagemodificationeducation.com or call me at 407-645-3297.

Now for those FAQs:

Do I have to file bankruptcy to save my home? No, but you must not rule out this alternative.
Why do the banks make it so hard to get a modification? Banks and their underwriters have VERY STRICT Guidelines to qualify a home mortgage for modification.
Why does the bank want to foreclose my home?  The bank DOES NOT WANT YOUR HOME. The bank wants a PERFORMING LOAN. In fact the bank must meet very specific guidelines once the foreclosure is completed in selling the home which results in significant lost value. For this reason, banks attorneys are very reluctant to move foreward with the foreclosure and will even resist completing the foreclosure on anything other than their own timeframe.
Is it too late to save my home? Not if the Foreclosure is still pending. However, once the home is sold at auction, and title is issued by the court, you probably cannot save the home. However, you may be allowed to negotiate your leaving on favorable terms with the new owner.
Should I hire an attorney to represent me? Yes, but be very careful that the attorney is familiar with the Mortgage Mediation Program of the Bankruptcy Court. Avoid simple Foreclosure Defenses as they seldom result in Modification of the Mortgage allowing you to remain in the home.

For additional information, visit www.mortgagemodificationeducation.com my website at www.aubreylaw.com or call me at 407-645-3297.

I look forward to speaking with you! Aubrey

"Family Circus" Best - Not in Court

One of my favorite cartoons is Family Circus. One of my favorite cartoons included the following exchange between the characters 3 year old and 6 year old siblings:

Why are you crying?

Mom and Dad are yelling at each other.

But at least they are not yelling at you!

I know, but if they were yelling at me, at least I'd understand it!

Family conflict is difficult for children to understand. When parents fail to communicate, or communicate in abusive ways, children suffer the most, primarily because they do not understand. They try to understand Love through their parents' teaching, but when parents resort to yelling, children become stressed because they do not understand!
Mommy and Daddy love each other.
Mommy and Daddy love me.
Mommy and Daddy are yelling at each other.
Mommy and Daddy will yell at me.
So goes childhood logic. Children resort to acting out. Parents resort to discipline. The Spiral of Conflict has begun. Where will it end?

Collaborative Divorce seeks to place two parents on equal terms for communication with a trained guide to assist in adult, two-way communication. Many parents say they communicate better after a Collaborative Divorce than they Ever Did in the marriage.

What a shame we cannot get the communications right before the Marriage is endangered.

When you have questions regarding a Collaborative Divorce, Call me!
I will teach you effective ways to communicate.

How to Contact an Attorney

Today I received an Email:
How would you like to be contacted?
Email

Brief description of your legal issue:
Price range for divorce. Older couple, married 9 years, No children, Income husb works in construction wife receiving SS only. Homeowner, property value is upside down. owe more that is worth. No 401K or savings, living pay check to paycheck. How much will it cost to get a divorce and how long will it take for the divorce to become final. Thanks,

This email was initiated at the Findlaw FirmSite http://www.aubreylaw.com/Contact.shtml.

This is the letter I sent in response:

Dear Ms. _____________,

If you and your husband agree to divorce, and agree to divide all assets, your divorce could be very inexpensive. With agreements, you could be divorce in as little as 21 days. On the other hand, if you cannot agree, and the two of you fight it out in court, your divorce could take a very long time and take significantly more of your resources to complete.

I charge $1,500 for an Uncontested Divorce. A Contested matter begins at $3,000. Fees for filing are also required, $408 filing fee and approximately $42 in service of process charges.

Your divorce sounds as if it should be uncontested; it could also be completed in a Collaborative PRocess, where the two of you meet with advisers and work out the details, then file as "Uncontested."  If you choose a collaborative process, I would represent you for $1,500, but there may be some additional charges for excess time spent in meetings.

Please call my office to schedule an appointment.

If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com

 

Aubrey Ducker

 

The Law Offices of

Aubrey Harry Ducker, Jr. PLC

2020 Mizell Avenue

Winter Park, FL  32792

www.aubreylaw.com

Fla. Bar No.: 173680

Phone: 407-645-3297

Fax: 407-645-3298

I look forward to hearing from you.

 

Looking for a Lawyer - some pitfalls to avoid

If you need to hire a lawyer, look for someone with legal experience, reasonable personality and responsiveness to your needs.

The law is a popular second career. Don't assume that every middle aged lawyer has been a lawyer for decades. I have more than 14 years of experience as a lawyer, and have several more years reviewing contracts, researching legal issues and working with attorneys, in a variety of practice areas. This gives me the background and perspective to assess your legal needs. Many times, an experienced lawyer can provide a quick and simple solution or strategy, when a new attorney, though less expensive on an hourly basis, may spend several hours finding an answer.

I believe that it's also important that a lawyer understands what the client is going through. There are many good attorneys who have never been a party to litigation of any type. While that's fortunate for them, I don't believe that they appreciate their clients' needs as well as those of us who have - unfortunately -had the need to hire an attorney. Being a client gives attorneys new insight, and greater appreciation, for the stress and fear that a lawsuit or legal problem creates.

One attorney advertises on television, "I'm not here to be your friend, When you want aggressive legal representation, call the _________ Law Firm." I am glad that many of my clients call me "friend" long after the litigation is done. I am blessed by clients who refer their family and friends to my office and continue to consider me their attorney long after the final judgment is entered. Some of my colleagues are not so inclined.

Attorney Sarah C H Phillips says: "Aggressive behaviors run up legal fees, destroy any real chance of cooperation between parents, and leave children as the victims of litigation . . . Unfortunately I do still encounter lawyers who seem to believe that aggressive behaviours are what is expected of them. It's never helpful to have your client crying on the phone because of the latest obnoxious letter from the other side that does nothing to progress the case and everything to alienate the parties from each other further."

A great article on Aggressive Lawyers can be found here: http://benchandbarllc.com/aggressivelawyer/?goback=%2Egde_96041_member_244083492

I like the line: Good Lawyers Don't just "Try" cases; Good Lawyers Try to "Resolve" cases. 

Most important in Resolving Cases is responding in communication. When a client calls, or when an attorney calls, an answer should be forthcoming. I like to answer my own phone. I do not screen calls. My staff answers if I am in conference or on the other line, but never because "so and so" is calling!

When you need to talk, call me at 407-645-3297. You can also send an email to aubrey@aubreylaw.com or visit my website at www.aubreylaw.com
I look forward to hearing from you! Aubrey

Men Only Divorce Firms - Is this a good idea?

One of the many feeds I follow asked the question, "Men Only Divorce Law Firms

What does this mean for the practice? For children?"

 

Responses varied but routinely agreed this MARKETING STRATEGY was INEFFECTIVE in helping families in general and men in particular.

 

I tend to agree. While I have represented many Men in divorces, with much success, I have never limited my practice to me or advertised as a "Men's Divorce Firm."

 

Representing only one side consistently produces inconsistant results and may lead the court to believe an attorney does not truly represent his client's "best interests" but is merely stating the Same Position Again.

 

Effective advocacy requires understanding the Court's view of each Individual family situation. In one family, full-time parenting by Mom OR Dad may be in the children's best interests; however, in a somewhat similar situation, Shared Parenting by both Dad and Mom, with an Equal Timeshare may be the most appropriate Parenting Plan. Having an Open and Objective viewpoint and legal knowledge of the issues at hand are imperative to competently representing a client in a Family Law matter.

 

Attorney Eileen Fein writes:  Some attorneys have noticed that on average, men make more money then women and can pay more fees.. Firms that represent only men tend to market to "men's rights" . and represent mostly angry men. Great strategy for making money. Not so good for families. I think it actually does a disservice to their client in that once the attorney gets that reputation, everyone (including Judges) understand that and the client is negatively typed before he gets a chance to do it himself.      (emphasis added)

 

Another, Jeffrey Wasserman writes: Family Law is what we practice. We do not practice men's or women's law. If you pigeonhole yourself by representing just one side, you can lose perspective on the family as a whole. I have gained a tremendous amount of insight by continually representing both sides and would encourage family lawyers to maintain an open an objective point of view regardless of which side you might represent.      

 

When you have Family Law questions, please call me at 407-645-3297 or visit my website at www.aubreylaw.com . You may also send me an email to aubreylaw@gmail.com 

 

I look forward to hearing from you. Aubrey                                                                    

High Asset Divorce and Collaboration

Greed, trust and divorce.
How much is enough?
If you built a home together with your spouse and later divorced, you might expect to sell the home and divide the proceeds. What if you bought an exisiting home, improved it, watched it grow as an asset, and then decided to part ways? Would you trust your spouse to accurately represent its value? Would you get an appraisal?

What if your spouse forced you out of the home and then claimed the home was worth less than you thought; then your spouse worked out a secret deal to sell the home while telling you it was appraised at a certain value, inducing you to sign a Marital Settlement Agreement.

You might think this is Fraud. You might think your attorney should have done more to check on the value of the marital home. You might ask the court to throw out the settlement agreement due to fraud.

If the "Home" was the Los Angeles Dodgers, and the value asserted to you was $300 Million, and you settled your divorce for $144 Million, you might be very upset to learn the Dodgers were sold two weeks later for $2 Billion Dollars. Two Billion Dollars make a much larger pile of cash than $144 Million.

http://gma.yahoo.com/jamie-mccourt-claims-foul-pitch-131m-divorce-002230290--abc-news-celebrities.html

The McCourts Divorce has been news for a while.  Do the words Greed, Trust, Divorce, Marital Asset, of Fraud seem different in light of the story above?  The comments following it consistently fault the Wife for being "greedy" or "not doing her homework" or "not being happy with what she agreed to and received." Forget that the law indicates the "property" should be divided EQUALLY. Most observers fault her for wanting a fair share. Some comments from women are the Most appalling: "Oh come on! Take the $131 million and be happy, you old witch. I'm 59, no longer pretty, and would love a payload of $131 million for any reason. Don't get greedy. Were you the driving force behind your ex's success? I think not."

In reality, the former Mrs. McCourt was intimately involved in the Dodgers operations up until "he 'fired' her, and 'from that point forward, he completely excluded her from every aspect of management...'
Clients in Collaborative Divorce proceedings have certain luxuries that litigated cases do not afford. One feature is communication. Communication breeds trust. Trust overcomes greed. Everyone walks away much healthier, happier and overall less combative.

In a Collaborative Divorce, we work together to help you make intelligent decisions affecting your family. Many clients find Collaborative Divorce encourages more honest communications and disclosures while minimizing the costs to your family. One of the best features of a Collaborative Divorce may be keeing your private information and affairs PRIVATE. Noone has to know until you decide what to tell them.

If you would like a private consultation regarding your rights under Florida Law, please call me at (407) 645-3297, or visit my website at www.aubreylaw.com
You can also send an email to aubrey@aubreylaw.com or aubreylaw@gmail.com
Don't allow yourself to be cheated. You have certain rights under the law, but you must insist they be enforced. A

Senate Bill 718 and House Bill 231

TURNING BACK THE CLOCK on 30 years of progress in Family Law
An Update and Plea to Help Stop this Travesty

Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.

OK, those are worst case scenarios, but anything is possible when this legislature is in session!

Here are some of the proposed changes:

- application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;

- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;

- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.

- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)

Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!

If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.

 

Call me at 407-645-3297 or visit my website at www.aubreylaw.com

Aubrey

Why Collaborative Divorce?

There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.

The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.

Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.

In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com

Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:

9 negative effects divorce reportedly has on children

The Week – Thu, Mar 28, 2013

http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.html

Just in case you missed it - Divorce brings on a world of issues for children.

We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.