Happy Holidays!

The holiday season is a stressful time for many. Myself included. Many years ago, we had a family tragedy on Christmas eve. My family never quite recovered. I have unending respect for my mother's strength and love. Thanks Mom!

'Tis the season for depression. If you are prone to depression be aware. Here are some ways to protect yourself: From the Mayo Clinic website -

1. Acknowledge your feelings. If someone close to you has recently died or you can't be with loved ones, realize that it's normal to feel sadness and grief. It's OK to take time to cry or express your feelings. You can't force yourself to be happy just because it's the holiday season.
2. Reach out. If you feel lonely or isolated, seek out community, religious or other social events. They can offer support and companionship. Volunteering your time to help others also is a good way to lift your spirits and broaden your friendships.
3. Be realistic. The holidays don't have to be perfect or just like last year. As families change and grow, traditions and rituals often change as well. Choose a few to hold on to, and be open to creating new ones. For example, if your adult children can't come to your house, find new ways to celebrate together, such as sharing pictures, emails or videos.
4. Set aside differences. Try to accept family members and friends as they are, even if they don't live up to all of your expectations. Set aside grievances until a more appropriate time for discussion. And be understanding if others get upset or distressed when something goes awry. Chances are they're feeling the effects of holiday stress and depression, too.
5. Stick to a budget. Before you go gift and food shopping, decide how much money you can afford to spend. Then stick to your budget. Don't try to buy happiness with an avalanche of gifts. Try these alternatives: Donate to a charity in someone's name, give homemade gifts or start a family gift exchange.
6. Plan ahead. Set aside specific days for shopping, baking, visiting friends and other activities. Plan your menus and then make your shopping list. That'll help prevent last-minute scrambling to buy forgotten ingredients. And make sure to line up help for party prep and cleanup.
7. Learn to say no. Saying yes when you should say no can leave you feeling resentful and overwhelmed. Friends and colleagues will understand if you can't participate in every project or activity. If it's not possible to say no when your boss asks you to work overtime, try to remove something else from your agenda to make up for the lost time.
8. Don't abandon healthy habits. Don't let the holidays become a free-for-all. Overindulgence only adds to your stress and guilt. Have a healthy snack before holiday parties so that you don't go overboard on sweets, cheese or drinks. Continue to get plenty of sleep and physical activity.
9. Take a breather. Make some time for yourself. Spending just 15 minutes alone, without distractions, may refresh you enough to handle everything you need to do. Take a walk at night and stargaze. Listen to soothing music. Find something that reduces stress by clearing your mind, slowing your breathing and restoring inner calm.
10. Seek professional help if you need it. Despite your best efforts, you may find yourself feeling persistently sad or anxious, plagued by physical complaints, unable to sleep, irritable and hopeless, and unable to face routine chores. If these feelings last for a while, talk to your doctor or a mental health professional.

Credit Repair - Nameless 800 Project

Credit repair companies are popping up like whack a moles claiming they can raise your credit score and remove bad credit. As a good skeptic, you wonder whether these companies and their practices are legitimate. And you also may wonder, whether credit repair is something you can do yourself. Good questions. I'm happiest when consumers are well informed and inquisitive.

With interest rates at historic lows – less than 4% for a 30 year fixed mortgage – the allure of refinancing is strong indeed. The catch. Excellent credit is required. And nowadays good credit carries a score of at least 720. And since we are just barely crawling out of the Great Recession, many people took a financial beating and are happy to hang onto their property at all let alone maintain a decent credit score.

According to CreditScoreResource.com:

“One important thing to know about credit scores is that these scores are not permanent. In a few years they may change by a huge amount. A perfect example is how the good credit rating for mortgages has changed since the recent recession. Two years ago, many mortgage lenders considered borrowers with a credit score of 650 to be prime borrowers. This means that these borrowers were allowed to get prime mortgage loans which had low interest. Amazingly, in a time span of just two years, what they considered to be a credit score for prime loans jumped to 750. The same can be said about the generally accepted good credit score.”

You didn't imagine it – they definitely moved the goal posts.

However, as consumers, there is nothing we can do about it. If you want the peace of mind and buying power that a good credit score will bring, you have to play by the lenders rules. Back to our questions:

1. How to tell if a credit repair company is legitimate:

The Federal Trade Commission posts the following on their site – www.ftc.gov -

“Do yourself a favor and save some money, too. Don’t believe these claims: they’re very likely signs of a scam. Indeed, attorneys at the Federal Trade Commission, the nation’s consumer protection agency, say they’ve never seen a legitimate credit repair operation making those claims.

'Credit problems? No problem!'

'We can remove bankruptcies, judgments, liens, and bad loans from your credit file forever!'

'We can erase your bad credit — 100% guaranteed.'

'Create a new credit identity — legally.'”

So be careful of overblown unrealistic promises. And beware of upfront fees. Under the Credit Repair Organization Act (CROA), credit repair companies are required to explain:

• your legal rights in a written contract that also details the services they'll perform
• your three day right to cancel without any charge
• how long it will take to get results
• the total cost you will pay
• any guarantees
  

2. Can you do it yourself? Is DIY credit repair possible or a good option?
   

Do it yourself credit repair is possible, and it is your right to do so. I am an advocate for pro se rights, the people's right to legal access, and the right to do it yourself. However, it depends on you – your comfortable level; the time you have available; and whether you are the type of person who will be diligent and persistent in a detail driven process.

The Federal Trade Commission's site explains step by step how to repair your own credit, along with other valuable information about how to protect yourself in the marketplace. If you're not the type of person to do it yourself, or just don't have the time, you can turn to a credit repair company. The Florida Association of Legal Document Preparers has recently partnered with a credit repair company. We are using one of our associates as a test case and we'll chronicle his/ her progress on this blog. Our associate shall remain nameless for his/ her privacy, and we'll refer to him/ her as Nameless 800 – 800 being the credit score goal.

So yesterday, Nameless 800 signed up. No upfront fees were requested except for a $15.00 credit monitoring fee. Nameless 800's initial credit score is around 570. There are no sign up fees except the $15. credit monitoring fee. After 30 days you'll be billed $99. processing fees IF credit repair progress has been made. As low as $25. per item removed.

We have seen many credit repair offers and this is the best offer we've seen so far. If you're interested in having your credit repaired sign up here:

Update March 20, 2013 - 
We were completely disappointed in the company that we had hoped to recommend. All references to that company have been removed.

Dream Deferrals

It has to be scary to walk into a field office of the United States Customs and Immigration Service, knowing full well you are in the United States illegally and ask to stay. I'm a natural born U.S. Citizen and I can only imagine the fear. To me, illegal immigration has always been a non-issue. My ancestors are Native American, and Dutch on my mother's side; and my father's side is English and Irish. I grew up in the era of baby boomer entitlement well aware that this country is the great melting pot, and proud of it.

I've been in the Tampa field office, and the one in Orlando – both intimidating places. Adults talk in low tones, children sit quietly. Everyone watches each other.

Posted on the USCIS website:

“On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.”

DACA – Deferred Action for Childhood Arrivals is an abbreviated version of the Dream Act that became mired in controversy and never passed. DACA is for the children who came to the United States illegally, mostly with their parents and now they have grown up in the states and it is their home. Imagine the six year old who came to the United States holding his mother's hand, wide eyed and scared, trusting in his parents promise of a better life and a better future. And found it. Families from other countries found their promised land, their better life in America.

The requirements as posted on the USCIS site, to apply to stay through DACA are simple and clear:

Guidelines

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

There are three main forms that must be filed:

Form I-821D – the application for deferred action for childhood arrivals
Form I – 765 – the application for work authorization.

Form I-765WS – the application for work authorization work sheet.

According to an online article published on November 23, 2012, on http://www.newshour24.com -

“After the first month of the program, 82,000 applications had been filed with USCIS. By Nov. 15 – the program's three-month mark – 300,000 applications had been filed, marking steady growth.” And, according to the Migration Policy Institute, www.migrationpolicy.org , approximately 140,000 Florida residents can benefit from this new policy.

I believe that this legislation is humane and fair.

Becoming a Successful Landlord

FALDP Launches New Online Course

The Florida Association of Legal Document Preparers is pleased to announce the launch of another online course. Now, new and aspiring Legal Document Preparers can add more skills and knowledge to help their customers help themselves.

The Florida Association of Legal Document Preparers (FALDP) http://www.faldp.org is pleased to add another course to our FALDP Online Learning Center:

Becoming a Successful Landlord is now open for registration. We think its our best course yet, packed with information, links, and Supreme Court approved landlord/ tenant forms. The same forms we provide on our site for $9.99 are included in this course as free downloads.

Course lessons include:

•  Setting Goals
• Property Types – What works best for you?
• Choosing a Property. - A good choice makes all the difference.
• Rights & Responsibilities – Working together works best.
• Financial Considerations – Affordability and accountability. Laws and regulations.
• Personalities – The Golden Rule.
• Dealing With Disputes – Learn how to resolve disputes before they become disasters.
• Evictions – Specific steps
• Conclusion - Link to the test, important forms and information

“Becoming a Successful Landlord” is geared both towards landlords and the document preparers who help them. Savvy tenants can also benefit from the information in this course. The information in this course can repay you many times over that small investment in yourself. Tuition - $199.00

Visit us online to learn more - http://www.faldp.org

Our other courses include:

INTRO to Florida Legal Document Preparation explains business basics - including business structure, choosing a name, and deciding on a business model. This course also includes information about compliance and avoiding the unauthorized practice of law (UPL).There is no test, instead there are required assignments. This Intro course is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states; who would like to be a member of the most prestigious and only statewide legal document association in Florida. Tuition - $99.00

Preparing Florida Divorce Documents is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different dissolution processes is discussed; along with content about the Petition for Paternity and Related Relief.

Students must complete five study modules and quizzes. Upon successful completion of this course, students will receive a Course Completion Certificate. Entirely self-paced, students must spend a minimum of four hours on the course site. But, are also allowed up to 60 days to complete the course, providing maximum flexibility. Tuition - $220.00

Living Trusts and Estate Planning  is appropriate for both document preparers and consumers. For anyone who had gone through the probate process after losing a loved one, avoiding probate is an attractive idea. The primary purpose of creating a Living Trust is to avoid probate altogether by passing property to one generation to the next through a family trust. We know that informed consumers are the best customers; and we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete this course. Tuition - $99.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy shows consumers and document preparers how to start over with a clean financial slate. This foundation course introduces learners to bankruptcy terminology; types of bankruptcy; eligibility; Florida exemptions; means test; and do's and don'ts for Bankruptcy Petition Preparers. BK-127 is completely self-paced, and is appropriate for consumers and legal document preparers. Tuition - $149.00

Our online courses for legal document preparers can increase earning potential immediately. Many FALDP members spend years in paralegal programs only to discover that are no paralegal jobs available, or, even worse, that the paralegal jobs that are available don't pay enough to justify the training required.

Recent graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents approved by the Florida Supreme court for pro se litigants. Consumers could prepare these forms themselves, but many people quickly discover that the forms are confusing. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task.

Smart business people know that there is a direct relationship between the number of products and services offered and potential income. Building multiple and diverse income streams helps entrepreneurs weather an uncertain economy.

Whether you are new to the legal document preparation industry or want to expand your services, the Florida Association of Legal Document Preparers is here to help. Registration for our online courses is open. Please visit:  http://www.faldp.org/Online-Courses.html .  Or call 800-515-0496.

Child Support

Child support is one of the most critical and divisive issues among divorced parents. Particularly during these difficult economic times, child support can be a huge financial burden even for parents who love and cherish their children. It is well settled law throughout the United States that both parents are obligated to provide for their children. Every state has a slightly different method for calculating child support. In some states child support is calculated on a case by case basis decided by the judge. In other states there are guidelines, worksheets, and formulas that must be strictly applied.

The federal law that is used to enforce child support is called the Uniform Interstate Family Support Act (UIFSA). This is often referred to as a long arm statute, where one state can enforce a court order in another jurisdiction. For example, if a child support order is entered in Florida, it can be enforced in Georgia or any other state through UIFSA. Under the federal law, each state is required to recognize another state's child support order. It isn't necessary to formally transfer jurisdiction of the family law case to the other state for the other state to enforce it. However, in order to modify child support a state must accept Continuing Exclusive Jurisdiction (CEJ). The CEJ usually follows the child's residency. The state that will accept jurisdiction is usually the state where the child has resided for at least six months immediately prior to filing the petition to modify child support.

Methods of Enforcement

Different states have different methods of enforcement. Among others, sanctions and enforcement methods may include: income tax refund capture; bank account levy; driver's license suspension; and passport denial or revocation. In many parts of the United States, loss of liberty is a very real possibility for anyone who refuses to pay child support. A finding of civil contempt can land a non-payor in jail until he or she comes up with at least a portion of child support arrears. This portion is often called a “purge” and is often 25% of the total amount owed, but can be any amount a judge decides is required.

In addition to state remedies for refusal to pay child support there is also a federal remedy. According to this federal law, failure to pay child support, if willful, is a crime when the parent owing support lives in a different state than the parent who is supposed to receive the support. The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction to avoid paying child support.

The penalties available for child support enforcement under the Child Support Recovery Act include prison sentences, fines and restitution. A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months plus fines. A second conviction can result in more jail time and greater fines. Probation can be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those probation conditions can result in additional prison time.

Controversies

It is easy to accept that as a matter of public policy, parents should support their children. But what if a parent is ordered to pay child support, but is not able to pay? And, even though child visitation and child support is supposed to be separate, what if the parent obligated to pay support is prevented from seeing the child? Do the penalties for nonpayment do anything to help the children in the long run? How does putting daddy or mommy in jail help? What about the unwed father who never wanted to have the child to begin with? Or worse, what about the unwed father who never knew he even was a father until he was served with a complaint for child support?

As always your comments are welcome. Thank you for reading.

Protecting Tenants at Foreclosure Act of 2009

Ever since boom went bust, residential tenants have suffered as collateral damage. Many Florida families have become suddenly homeless through no fault of their own, when their landlords lost their rental homes to foreclosure. Imagine. It's the middle of the month. You paid your rent on the first. You just paid your utilities. The kids are happy in school. You're getting settled into a new job. Finally! And then the sheriff comes to the door and tells you that you have 24 hours to move.

 

It happens everyday. It isn't supposed to happen anymore, but it does. The not so new federal law, Protecting Tenants at Foreclosure Act of 2009, has upset long standing practice that foreclosure will almost always extinguish an existing lease. Some states, being proactive, began enacting legislation that would offer tenants protection prior to 2009. Not so in Florida. Florida has not been able to enact a single new law that would protect tenants in foreclosure. Several bills died in committee. Nothing has been accomplished. 

  

If a residential tenant does not have a lease and the property goes into foreclosure after he moves in, the tenant has 90 days to leave the property. If the tenant has a lease and the lease went into effect before the foreclosure began, before the lis pendens, was served, the lease remains in full force for the entire remaining time on the lease.

 

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.
(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--

2. the rights of any bona fide tenant, as of the date of such notice of foreclosure--
   (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence …
   

(B)(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--
(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length transaction; and
(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

SEC. 704. SUNSET.

This title, and any amendments made by this title are repealed, and the requirements under this title shall terminate, on December 31, 2014.

In researching this issue, I could not find any Florida cases that relied on the PTFA. At first, I couldn't understand why, and imagined that it is only because the system is slow to respond to new laws. However, I found an article by Tony Guo (2011), “Tenants at Foreclosure: Mitigating Harm to Innocent Victims of the Foreclosure Crisis”. He states: “However, since the passing of the federal legislation in 2009, Florida's reaction has been one of minimum compliance, and has not been particularly tenant friendly.” (Guo:23).

If you don't know your rights, you don't have any.

RELAUNCH - site, courses, and start-up package.

We, at The Florida Association of LegalDocument Preparers (FALDP) are proud to announce exciting changes throughout our organization. We have refined and redesigned our courses in anticipation of our site-wide RELAUNCH. Many legal document preparers spend years in paralegal studies programs only to discover, upon graduation, that there are no paralegal jobs available. Or, even worse, many discover that the paralegal jobs that are available don't pay enough to justify their years of academic training. So, many would-be paralegals discover that its time to use their entrepreneurial skills and open up shop as legal document preparers. As small business owners they soon discover that they are their own favorite boss of all time. Once their legal document preparation business takes off -- they never look back.

We've added value to our popular Turn Key Business Bundle. Our start up package now includes even more tools to help you build a successful business. We have worked long and hard to develop a business start-up package for a legal document preparation business.

Turn Key Business Bundle

$878.00 Value for Only $499.00

• A Limited Liability Company, documents prepared and ready to file with the state - $89.00 Value

• One year Premium Membership into FALDP - $65.00 Value

• Online Course - Introduction to Florida Legal Document Preparation - $99.00 ValueOnline Course - your choice - Preparing Florida Divorce Documents; OR Bankruptcy Chapter 7; OR Living Trust & Estate Planning Documents – up to $220.00 Value

• A custom website and top-level domain - a $330.00 Value
• One month of unlimited mentoring – a $50.00 Value

• A press release written for you to announce your new company - priceless.

• Marketing - our Gorilla Baby package, two weeks internet advertising on eight of the most popular online portals - $25.00 Value.
  

                                  Online Courses - Descriptions

Our courses can be part of the Turnkey Business Bundle or taken one at a time. They are targeted primarily towards legal document preparers who want to increase their business income by adding services. People who are new to the industry and want to learn how to prepare Florida legal documents must begin with the INTRO course. Likewise, people who are coming in from other states, even those with experience, must enroll in the INTRO course before joining our association. Consumers are also invited to take our courses.

INTRO to Florida Legal Document Preparation - $99.00 (INTRO-310)
Preparing Florida Divorce Documents - $220.00 (DOM - 202)

Living Trusts & Estate Planning - $99.00 (LT - 312)
Bankruptcy Basics – Chapter 7 Personal Bankruptcy - $149.00 (BK – 127)

Free Basic Membership with paid tuition for INTRO -310 – a $40.00 Value. This special membership fee, for new members only, is available until December 31, 2012. So hurry. All memberships renew on June 1.

Introduction to Florida Legal Document Preparation (INTRO) discusses the legal document preparation industry - including business structure, name choice considerations; and various business models and structures . No prior paralegal training is required. INTRO also stresses compliance and avoiding the unauthorized practice of law (UPL).There are required assignments, but no exam. INTRO is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states, who seek FALDP membership. Tuition - $99.00

Preparing Florida Divorce Documents (DOM -202) is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different types of divorce situations is discussed. Upon successful completion, students receive a Course Completion Certificate. Entirely self-paced, students work around their own work and family schedules. Tuition - $220.00

Living Trusts and Estate Planning (LT-312) is appropriate for both document preparers and consumers. For a limited time, consumers who purchase a Living Trust document package through our site, after successfully completing LT-312, will be rebated 100% of their tuition. We know that informed consumers are the best customers; we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete LT-312. - $99.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy (BK-127) shows consumers and document preparers how to start over with a clean financial slate. This foundation course introduces learners to bankruptcy terminology; types of bankruptcy; eligibility; Florida exemptions; means test; and do's and don'ts for Bankruptcy Petition Preparers. BK-127 is completely self-paced, and is appropriate for consumers and legal document preparers. Tuition - $149.00

Due to the dismal economy many consumers cannot comfortably afford attorneys fees for routine legal matters. The services of legal document preparers are becoming increasingly more acceptable as our industry gains credibility. The services of legal document preparers are now considered a “perfectly acceptable legal solution” rather than just a good enough, or, better than nothing, legal solution.


Whether you are new to the legal document preparation industry or want to expand your services, the Florida Association of Legal Document Preparers is here to help. Registration for our online courses is open. Please visit:  http://www.faldp.org/

Call today - Toll Free

800-515-0496

                                                          
We, the members of the Florida Association of Legal Document Preparers, deeply believe that it is the right of all American consumers to have access to the legal system, regardless of income or education. It is our mission to deliver well researched legal information to consumers.

The FALDP mission embodies our quest and our goals. We offer legal information; and document preparation assistance. We hope that by educating consumers about their legal rights -- we will have done our part to give others hope.

The FALDP mission is a journey. We have only begun, there is much to do. We hope that the confidence gained through education and knowledge will empower consumers, so they may have a fighting chance to enforce or pursue their rights in a court of law.