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
Monday, June 24, 2013
Tuesday, June 18, 2013
"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.
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.
Tuesday, June 11, 2013
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.
How would you like to be contacted?
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.
Aubrey Ducker
The Law Offices of
Aubrey Harry Ducker, Jr. PLC
2020 Mizell Avenue
Winter Park, FL 32792
Fla. Bar No.: 173680
Phone: 407-645-3297
Fax: 407-645-3298
I look forward to hearing from you.
I look forward to hearing from you.
Thursday, June 6, 2013
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
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
Monday, June 3, 2013
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
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