EPGD Law Real Estate Planning
Real Estate Law
Eric Gros-Dubois

How do Non-Florida Residents Establish Residency in Florida?

If you reside in another state but wish to convert your domicile to the state of Florida, there are many ways you can make a showing that would reflect Florida residency, especially for purposes of homestead exemption or paying in-state tuition at a Florida university.  Many individuals, including investors, choose to make Florida their state of domicile, mainly because Florida has no state income tax, as opposed to states like New York, Georgia or California.

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EPGD Law Real Estate Law
Real Estate Law
Eric Gros-Dubois

Landlord Remedies in Florida: Distress Writs

A landlord in a commercial or residential landlord-tenant relationship may enforce remedial acts against a tenant and the leased premises, in the event of default or breach. Upon a landlord deciding to evict his or her tenant, a distress writ may be obtained to substantially protect the landlords needs. Among this remedial measure, a landlord has the ability to receive a distress writ issued by the Clerk of Court, which authorizes the landlord to essentially put a lien on the tenant’s assets at the rental premises when he or she owes rent.

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EPGD Law Homestead Exemption
Homestead Exemption
Eric Gros-Dubois

Can Foreign Non-Resident Investors Claim Florida Homestead Exemption?

The traditional rule is all individuals living in Florida with temporary visas may not be eligible to claim the Florida homestead exemption because their residency is based on a durational, temporary period. However, in 2012, the Florida Supreme Court put this constitutional issue before them in Garcia v. Andonie

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Business Law
Silvino Diaz

What Constitutes a Valid Escrow in Florida?

An escrow occurs when property is held by a third party until the occurrence of a predetermined event, at which time the third party delivers the property as instructed by the parties to the transaction.  Thus, an escrow agent is the intermediary third-party depositary assisting the parties to the transaction.  Escrows are used to ensure that the parties to the underlying transaction act as agreed upon.

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Business Law
Eric Gros-Dubois

Should you Lease Property to a Business?

Saving money on taxes is a great incentive to consider leasing your assets to a corporation.  It is common for shareholders of corporations to lease real estate, equipment, and other property, such as vehicles, to the corporation, either directly or indirectly.

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Real Estate Law
Eric Gros-Dubois

Attacking the Validity of the Mortgage

One of the ways to win a foreclosure fight is by attacking the validity of the mortgage.  There are multiple ways to do this, including but not limited to, using defenses such as fraud, standing to sue, and proving the statute of limitations.

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