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Homeowners: Fight Your Construction Lien if You Get One

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Earlier, we discussed all the steps you should take to avoid a construction lien being placed on a property.

After all, a construction lien being placed on a property is a very serious legal matter – one that could result in foreclosure on the property, with the property being sold to pay a construction company.

Remember, there are many ways to substantially reduce the chances of having a lien placed on a property, but even the most meticulous record-keepers, those who are on top of everything, can still have a construction lien filed against their property.

Thankfully, the process of filing and collecting on a construction lien is highly regulated, including specific timing issues that must be adhered to. As such, this is one of those cases where having an experienced real estate attorney, a person who understands all the rules and regulations, is essential to success.

The attorneys at The Orlando Law Group specialize in helping property owners understand their rights in construction law in Orlando, Sanford, Winter Garden and Kissimmee.

What is a Construction Lien?

We discussed this in past articles, but to recap, the construction lien is basically a legal tool that companies in the construction industry use to ensure they are paid for their work. If they are not paid, they have the right to file a lien and eventually take control of the property.

In most construction projects, a lien will never be filed. That’s because generally people pay for the services they receive and companies pay the firms and employees they use to build.

However, that’s not always the case.

A case in Southwest Florida is a worst-case scenario. Late last year, a company building hundreds of houses there closed, saying it was more than $11 million in debt. More than 200 subcontractors were not paid, and dozens of houses were not finished.

Now, those homeowners are facing foreclosure and having their property taken by subcontractors who have legally put a lien on the property in an attempt to be paid for their services and materials.

Here’s what to do after receiving a construction lien.

Was it a mistake?

When a property owner first receives a lien, it is time to check all of the records to make sure they match.

Hopefully, the property owner already has lien waivers from all subcontractors, so compare the list of subcontractors provided at the beginning to ensure someone wasn’t missed during the project’s closeout.

Check all statements and payments, along with all paperwork, for proper timing.

Did the company send you the notice of a possible lien within 45 days of construction commencing?

Was the lien filed within 90 days of construction being complete?

Did you pay everything that was owed?

Errors happen all the time. With the statutes on liens being so specific, it’s important to make sure the laws are followed throughout the process.

If there were any mistakes, your attorney will file a request for lien release with the lien holder. It is important to have all documentation to show why the lien was filed in error.

Timing is key to construction liens

One of the keys to the laws on construction liens is the timing required for a company to collect.

Here are a few of the deadlines that must be adhered to.

45 Days After Commencement: The notice of lien must have been sent by mail within 45 days of the start of construction. However, just because you didn’t get one by mail, it does not mean one was not sent. Make sure you have checked any possible mailboxes where it could have been delivered.

90 Days After Completion: To collect on a lien, it has to be filed within 90 days of the last time the company worked on the project or the project was completed.

365 Days After Lien: If the contractor wants to enforce a lien, they must initiate the foreclosure proceedings no later than one year after filing a lien.

60 Days After Contesting a Lien: To expedite the time period for when a lawsuit must be filed, a property owner may file a notice contesting the lien. This shortens the time frame that is needed to start foreclosure proceedings to just 60 days.

20 Days After Filing a Show Cause: Once a property owner files a notice contesting the lien, the construction company has just 20 days to justify the lien to the courts.

There were no mistakes. What now?

 If the lien was correctly filed and there is an amount due, the easiest way to remove a lien is to pay off the outstanding balance.

Once paid in full, the lien will be removed.

Another solution is to take out a surety bond on the lien. While the property owner will still need to pay the amount back, plus a significant amount more for legal and other fees, this will remove the threat of a foreclosure.

A property owner can try and negotiate a settlement with the contractor. Oftentimes, a contractor may take what they can get instead of going through the foreclosure process.

Playing chicken with the contractor can work sometimes. The contractor has one year to file a foreclosure suit, so a property owner can wait it out.

Of course, there are times a property owner may be withholding payments from a contractor. For instance, there is a dispute over whether the project was finished. Maybe the construction work was substandard and needed changes. Perhaps the construction contract made a change to the materials and did not initiate a change order.

If that’s the case, the lien may not be enforceable, but it will need to be fought in court. As such, if there is a legitimate dispute with a contractor, a property owner must document everything clearly and meticulously to show the courts the issue.

The good news is that there are many options to explore to help get the lien released as soon as possible.

The attorneys at The Orlando Law Group help with all types of legal issues for homeowners and property owners in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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ChatGPT, Artificial Intelligence and the Law

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Just like everyone, The Orlando Law Group wants to explore the capabilities of ChatGPT and other artificial intelligence technology coming out. But we are attorneys and we approach everything with caution.

With any new technology, there are going to be pitfalls. We certainly watched closely as the artificial intelligence system provided fake cases that were used in court pleadings in New York. We are also watching how businesses are starting to use ChatGPT in a wide range of uses, everything from marketing language to creating policy documents to building sales plans.

From what we have seen, the technology is fantastic for searching for information, but there are obstacles that come that may present legal issues for your and your business if you use them.

The Orlando Law Group can help your business with any legal issue that might arise, including ones dealing with new technologies. As a full-service firm with attorneys helping businesses and individuals, we help businesses in Orlando, Winter Garden, Altamonte Springs, St. Cloud, Kissimmee, Sanford and throughout Central Florida.

What is ChatGPT?

Late in 2022, OpenAI unveiled its latest project, ChatGPT. This new tool can research and compose articles, papers and more on just about any subject.

For instance, we asked it “What is ChatGPT in two paragraphs?” In a matter of seconds, it responded with:

ChatGPT is a state-of-the-art language model developed by OpenAI. It represents the cutting-edge in natural language processing and generation technology. Built upon the GPT-3.5 architecture, ChatGPT has been trained on an extensive corpus of diverse and high-quality text data, enabling it to understand and generate coherent responses to text-based prompts. The model utilizes a transformer architecture, which allows it to capture long-range dependencies and contextual relationships between words and sentences.

With ChatGPT, users can engage in interactive and dynamic conversations with the model, making it a versatile tool for a range of applications. It can serve as a chatbot or virtual assistant, providing human-like responses and assistance in various domains. It can also be used for content generation, translation, and aiding in research tasks. While ChatGPT exhibits remarkable language understanding and generation capabilities, it’s important to exercise caution and verify information obtained from the model, as it may occasionally produce inaccurate or misleading responses. Nonetheless, ChatGPT represents a significant advancement in the field of natural language processing and is poised to shape the future of human-computer interaction.

Maybe we should have asked it for a simple definition…

What could go wrong?

As with any new technology, there are too many possibilities for something to go wrong that we can not possibly see every legal issue that might arise in the future and there is a strong possibility that legislation might affect those issues.

But for now, there are a few things we think could cause legal issues.

  1. Copyrighted material:

Every business should be very protective about their copyright materials and be careful not to use copyrighted material. ChatGPT could create issues for the user – and the copyright holder.

Bloomberg Law wrote a tremendous piece on this subject, but the central aspect on copyright issues is what role a person plays.

Late last year, the U.S. Copyright Office issued the following:  The Human Authorship Requirement – The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879).

Basically, this says if the material is determined to be an output of a computer, then it is not eligible for copyright protection. Of course, that is subject to interpretation too. Does the prompt given to ChatGPT constitute “human authorship?” That is still to be determined.

What about your copyrighted material? After all, your words, your lyrics, your designs are most likely in the public domain and could be used by ChatGPT. In that case, it is somewhat based on traditional laws. Did the user plan to make money off the copyrighted materials? If so, you might have a case.

  1. Trademarks and licensing

In this case, it is fairly straightforward. While artificial intelligence is very good at utilizing photographs and images, you simply can not do that in any marketing aspect. In most cases, the technology will only use this sort of image – logos, photos, etc. – if prompted by the user.

So, as a rule of thumb, just do not use celebrities, brands, and logos when you ask ChatGPT.

  1. Proprietary and protected data

Nearly every business takes great strides to protect data, like customer credit cards. medical records or proprietary algorithms. And any company that deals with that type of data fully understands the amount of and the creativity of cyber-attacks can be overwhelming.

Unfortunately, AI and ChatGPT expose other avenues for criminals to exploit. For instance, you might input customer information into your chatbot program to help it answer questions better. That might have been secure a year ago, but now that could be found through new technology and used elsewhere – and publicly.

  1. Check your facts

Finally, we come back to the attorney who submitted fake cases provided by ChatGPT in court documents. The issue is the attorney assumed it was right.

Most businesses would not see something on Twiiter and claim it is a fact in their marketing or their proposals without verifying first. The same rule applies to ChatGPT and any artificial intelligence. Check your sources because at best, you may look foolish, but at worst, you could be found liable for false advertising, statements and more.

The Orlando Law Group is starting to see how these technologies can be applied and improve our legal research, but our attorneys understand the best computers still cannot listen to you and your needs and develop cases or defenses based on your unique situation.

That is our specialty. A full-service law firm with attorneys who are involved with you, care for you and advocate for you.

The attorneys at The Orlando Law Group represent clients in business law, copyrights, trademarks and technology in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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The Orlando Law Group’s Jennifer Englert Named a 2023 Women Who Means Business

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OLG founder’s entrepreneurial spirit recognized in annual awards contest

It is no secret The Orlando Law Group’s founder Jennifer Englert is a woman who means business. As such, this year the Orlando Business Journal is recognizing her as one.

Englert is one of 21 women being recognized by the publication for accomplishments in business and the community. The list includes some of the most accomplished women in Central Florida.

“There are so many women who are deserving of this award throughout our region I am just honored to be a part of this year’s class,” Englert says. “The impact of women, especially the women who join me this year, can not be underestimated in manner.”

Englert founded The Orlando Law Group in 2009, initially being a firm that would be a home for women lawyers. The firm now employees several male attorneys, but still takes pride in being a firm focused on the entire life of an attorney, not just the billable hours.

In addition, Englert is an owner of several companies separate from the law firm, including a title company, a company focused on energy-efficient lighting and a company focused on workforce issues in the manufacturing industry.

According to the announcement in the Orlando Business Journal, “These individuals have gone above and beyond in their respective roles, driving business success, industry growth, workforce development and community advancement. The honorees are executives based in Central Florida who were selected due to their business accomplishments, community involvement and personal.”

One of Englert’s strengths was her work in the community serving in the following roles in the community, in addition to helping found the East Orlando Chamber Foundation:

  • Seminole County Chamber: chair-elect and pro bono legal counsel
  • East Orlando Chamber of Commerce: board member and pro bono legal counsel
  • Avalon Park Kiwanis: vice president
  • Matthews’ Hope: board member and legal counsel
  • United Against Poverty: board member
  • Greater Orlando Builders Foundation: vice president
  • Orlando Health Foundation: board member
  • Innovation and Entrepreneurship Program at Full Sail University: advisory council member.

“From the start of The Orlando Law Group, I have found the more you help the community improve, the more your business will be successful,” Englert says. “I encourage anyone in business to find their passion and use their skills to help others.”

The full list of 2023 Women Who Mean Business can be found here. Orlando Business Journal will be recognizing them at an event on March 30 and running a special section featuring all of the women in its March 31 edition.

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For more information, contact Alan Byrd, Alan Byrd & Associates, 407-415-8470, [email protected]

About The Orlando Law Group: Founded in 2009, The Orlando Law Group is a full-service law firm with 11 attorneys in four offices in Orlando, Winter Garden, Altamonte Springs and Lake Nona. The firm specialized in a broad range of practice areas specifically for individuals and businesses, particularly on business law, family law, personal injury law, personal finance and estate planning law and much more. For more information, please visit TheOrlandoLawGroup.com

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Miya’s Law, Decreased Workers’ Comp Rates and Minimum Wage Increase – Florida Legal Changes for Business Owners to Look Out For in 2023

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Happy new year to all of our wonderful clients, team members and more! The coming of a new year brings with it excitement, new beginnings, and perhaps most importantly, many changes. With the dawning of the year 2023, there are many key changes to Florida state law which took effect on January 1.

Several of these changes are likely to affect business owners in a variety of ways.

As a business owner, it is important for you to have knowledge about these changes and understand how these changes may affect you and your business in the new year. Read on to learn more about what specific changes will be taking effect, and how these changes may affect your business.

Disaster Assistance:

In response to the devastating 2021 collapse of the Champlain Towers South building in Surfside, Florida, state lawmakers authorized the refund of ad valorem taxes, more commonly known as property tax rebates, when residential properties are rendered uninhabitable for a minimum of 30 days by disasters.

During the December special session, state lawmakers also passed SB 4-A to make similar property tax rebates available to property owners who sustained damage in Hurricane Ian and Hurricane Nicole this past Fall.

Read the full text of SB 4-A here: https://www.flsenate.gov/Session/Bill/2022A/4A.

How does this change affect my business?

If your business suffered damage during Hurricane Ian or Hurricane Nicole this past Fall, you may be able to receive a tax refund. Property owners will be able to apply to county property appraisers between January 1 and April 1, 2023.

Property Insurance:

During the December special session, Florida lawmakers approved the end of the assignment of benefits for property insurance, which has long been considered controversial. The practice of the assignment of benefits has homeowners signing over claims to contractors, who then pursue payments from insurers.

Essentially, part of a policyholder’s insurance benefits is transferred to a third-party. Insurers have long argued that this practice leads to unnecessary repairs being performed along with increased repair costs, as well as increased litigation costs, which, all together, then lead to higher insurance premiums.

Read the full text of SB 2-A here: https://www.flsenate.gov/Session/Bill/2022A/2A

How does this change affect my business?

Business owners will no longer be able to utilize the practice of the assignment of benefits, which could lead to lower insurance premiums. This change could particularly impact those in the business of commercial real estate or landlords. The prohibition on assignment of benefits (SB 2-A) will apply to policies issued on or after January 1, 2023.

Workers’ Compensation Rates:

An average 8.4 percent decrease in workers’ compensation insurance rates is taking effect this January, making this the sixth consecutive year that average workers’ compensation rates have decreased.

How does this change affect my business?

This change is a positive one for business owners, as it means lower insurance costs for employers.  The decrease applies to both new and renewal workers’ compensation insurance policies effective in Florida as of January 1, 2023.

Miya’s Law:

Earlier this past year, Florida lawmakers passed a law (SB 898) that requires apartment landlords to conduct thorough background checks on all employees. Employees must also maintain a system for handling and logging the issuing of keys.

The bill is referred to “Miya’s Law” in honor of 19-year-old Miya Marcano, a student who went missing from her Orlando apartment in September of 2021 and was found dead a week later. The killer worked as a maintenance worker at Marcano’s apartment complex.

Read the full text of SB 898 here: https://www.flsenate.gov/Session/Bill/2022/898

How does this change affect my business?

This change will affect commercial real estate business owners and landlords in general. Landlords will need to conduct thorough background checks on all employees and ensure there is a system in place for the handling and issuing of keys, to secure the safety of their tenants.

Minimum Wage Increase:

In November of 2020, Florida voters approved increases to the state’s minimum wage, which will gradually increase from the current $8.65 an hour to $15 an hour by September of 2026. To comply with the law, employers must follow the below hourly wage schedule for non-tipped employees:

Effective Date

January 1, 2021

September 30, 2021

September 30, 2022

September 30, 2023

September 30, 2024

September 30, 2025

September 30, 2026

Florida Minimum Wage

$8.65

$10.00

$11.00

$12.00

$13.00

$14.00

$15.00

How does this change affect my business?

While this change will not directly affect your business until September 30, 2023, it is important for business owners to plan for increasing their wages for non-tipped employees to $12.00 an hour on that date.

Uniform Commercial Code:

Bill SB 336 updates portions of the Uniform Commercial Code, or UCC. The UCC is “a set of laws, adopted by all fifty states, governing and providing uniformity in commercial transactions in the United States.” This bill protects the free transfer of certain business interests, exempting ownership and parts of ownership interest.

Read the full text of SB 336 here: https://www.flsenate.gov/Session/Bill/2022/336

How does this change affect my business?

This change should be a good one for business owners as it hopes to remove potential conflicts with Article 9 of the UCC, which “governs secured transactions, meaning transactions involving the granting of credit secured by personal property (‘collateral’), where the creditor may take possession of the collateral if the debtor defaults on the loan.” Essentially, this change protects the transfer of business interests.

Electronic Filing of Taxes:

Lawmakers have approved a bill which would lower Florida’s tax filing and payment threshold in 2023, in the hopes of creating more cost savings and cutting down the number of papers returned and checks received. Currently, taxpayers must “file returns and remit payments electronically when the amount of taxes paid in the prior state fiscal year was $20,000 or more.” With the new law, the payment threshold will be lower to $5,000 or more.

Read the full text of SB 2514 here: https://www.flsenate.gov/Session/Bill/2022/2514

How does this change affect my business?

This should be another good change for business owners, as it will make it easier for business owners to file their taxes electronically.

The attorneys at The Orlando Law Group represent both experienced and new business owners throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida. Whatever your level of business experience, the lawyers at The Orlando Law Group are here for you.

If you are dealing with a business issue or looking for some preventative business legal services, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola, and West Orange counties to assist you.

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Independent Contractor Laws Changing this Year (2023)

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During the pandemic, our country saw a shift from the traditional 9 -5 employees to the gig economy, with companies looking at hiring independent contractors instead of employees.

We have seen entire companies, like Uber and Lyft, where the business model is structured with independent contractors. But we also see businesses utilize independent contractors for CFO positions, for marketing, public relations and for sales.

For both parties, the independent contractor relationship can be beneficial. For individuals, it provides freedom for work. An independent contractor can work when they want and for who they want. There is very little control the company can exert over the independent contractor.

From a business perspective, the tax burden is significantly lower as you do not withhold any taxes or pay any employment taxes, and the independent contractor is responsible for equipment, such as computers and phones.

While there are advantages, a miscalculation can be serious. If you treat an independent contractor like an employee, you could be responsible for a significant payout for wages and taxes if the contractor decides to take the case to court.  The state can also pursue your business for other fees.

It is always better to take preemptive steps to ensure the people working for your business are properly classified. We urge you to have The Orlando Law Group review your contractors and their duties to make sure they are within the current law. We will create contracts that outline the responsibilities of each party and the goals of the contract. We will create an employee manual that covers the difference between the employee statuses and will provide rules to the extent that you can for contractors.

Unfortunately, however, what determines who is an independent contractor has changed significantly over the past couple of years by the United States Department of Labor.

The Orlando Law Group is carefully watching these developments to make sure our clients are protected. If you need help with independent contractors in Orlando, Winter Garden, Altamonte Springs, St. Cloud, Kissimmee, Sanford or throughout Central Florida, we are here to help you with a full team of attorneys who are business owners themselves.

In March 2021, the federal government issued new rulings detailing a set of factors that come into play when determining whether a worker is an employee or an independent contract. However, case law in this issue has been set over decades of cases that the federal government needs to look at the totality of the case and that all factors are equal.

The current orders give precedence to some factors over others. Shortly after issuing the new regulations, they realized it would be confusing for businesses and would take years to get new case law that allows for some factors to have more importance than others.

The result? New regulations will be enacted in some format during 2023.

One thing that has not changed is the overriding theme of what constitutes an employee or an independent contractor: economic dependence is the ultimate inquiry for determining whether a worker is an independent contractor or an employee.

This year, the Department of Labor has proposed six factors, all being held equally in an “Economic Reality Test.” The factors are:

  1. Opportunity for profit or loss. If the individual can control its profit or loss based solely on the skills, management and initiative of the individual. For instance, an independent contractor can hire others to do the work in the contractor. An employee cannot.
  2. Investments by the Worker and the Employer. This is straightforward. If the company is providing the equipment and other items needed to complete a job, like design software for a graphic artist, the individual is an employee. An independent contractor provides their own tools for their work.
  3. Degree of Permanence of the Work Relationship. Is the relationship temporary or indefinite? For employees, there usually is no end date and can be terminated at any time by either party. Usually, an independent contractor is only engaged for a specific period.
  4. Nature and Degree of Control. The new rule could be very specific for this one. Do you have substantial control over things like “setting schedules, selecting projects, controlling workloads, and affecting the worker’s ability to work for others?” If so, the person is an employee, not an independent contractor.
  5. The Extent to Which the Work Performed is an Integral Part of the Employer’s Business. It’s difficult to say what is truly integral to the company business, but you could think of it as if you removed the employee from the company, how detrimental it would be to your bottom line and the ability to produce.
  6. Skills and Initiative. Does the work performed by the individual require specific skills and training? If so, do you provide that training to the individual? If you do, chances are that person is an employee, not an independent contractor.

While the federal government has ended public comment, these are not the final rules and they could change when the Department of Labor issues the final rulings. It is important for you to know the regulations on this subject are changing and you should be prepared to make any adjustments.

You can read significantly more details about the proposed rule change in the Federal Registry here. But, that is what The Orlando Law Group does for its clients.

The attorneys at The Orlando Law Group represent business clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, Sanford, St. Cloud, Kissimmee, and throughout Central Florida.

If you have a question about your employees and whether they are independent contractors, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both businesses and individuals alike.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Student Loan Forgiveness

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One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.

Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.

First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.

While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.

FIND OUT ABOUT YOUR STUDENT LOANS

The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.

To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.

Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release.  These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.

By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.

ACT QUICKLY FOR THE PSLF PROGRAM

If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.

According to StudentAid.gov, you are eligible for relief under this act if:

  • work full-time for that agency or organization.
  • have Direct Loans (or consolidate other federal student loans into a Direct Loan).
  • repay your loans under an income-driven repayment plan*; and
  • make 120 qualifying payments.

If you think you qualify, sign up soon.

Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.

To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.

UP TO $20,000 IN RELIEF FOR YOU

In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:

The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).

Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.

This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.

  • What kind of loans are eligible? The relief act specifically listed the following:
    • William D. Ford Federal Direct Loan (Direct Loan) Program loans
    • Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
    • Federal Perkins Loan Program loans held by ED
    • Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
  • What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
  • What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
  • What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.

Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.

Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.

The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Exterior photo of The Orlando Law Group - Waterford Lakes office

The Orlando Law Group Welcomes Another Excellent Attorney

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The Orlando Law Group Welcomes Another Excellent Attorney 

Orlando, FL (September 6, 2019) – The Orlando Law Group is proud to announce the addition of attorney M. Florence King to the firm. King brings a plethora of leadership, along with 15 years of experience working predominantly within the community association industry. 

A graduate of Ave Maria School of Law in 2005, Ms. King spent the early years of her career working for Park Square Enterprises, gaining experience in title closings and land acquisition. After the Great Recession of 2008, she took an opportunity with Larsen & Associates, P.L., a small, local community association law firm in need of managing their unplanned growth in association collection matters. King, who’s unique background also includes accounting and computer programming, helped innovate and automate several processes, leading that firm towards becoming a top performing association law firm in Central Florida.

King was drawn to The Orlando Law Group’s dedication and commitment to the people and communities they serve. She believes these principles and values should serve as the backbone of doing community association law with a renewed dedication to the homeowners within those associations.

“Community association legal representation oftentimes brings an adversarial atmosphere to communities,” said King. “I think it can be done better. I think the real win is in fostering a mutual bond amongst the homeowners within the community where everyone properly understands the benefits of abiding by the rules and regulations, and how abiding by those rules and regulations helps create a powerful, common vision for the community where property values increase, community harmony is enhanced, and homeowners can obtain a genuine sense of pride for the place they call home.”

While King’s experience will enhance the firm’s community association representation, she is looking forward to diversifying her legal practice. “I’m passionate about serving people,” said King. “I’m thrilled to be given an opportunity to work with a firm that is founded on that same value, and I’m looking forward to utilizing my education and experience to enhance the lives of others through the practice of law.”

For the past ten years, The Orlando Law Group has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Waterford Lakes, Altamonte, Lake Nona, and Winter Garden. For more information, visit www.TheOrlandoLawGroup.com.

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Law Day 2019

Law Day 2019 – Free Speech, Free Press, Free Society

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Each year, on May 1, we celebrate Law Day. This is a national day that was established to celebrate the rule of law. On Law Day, we seek to better understand how our liberty is protected through the legal process and the practice of law. Also on Law Day, we explore how the American society works to achieve justice and builds the freedoms that every American shares.

Free Speech, Free Press, Free Society

Law Day is always accompanied by a theme. The theme for Law Day 2019 is Free Speech, Free Press, Free Society. This year we reflect on the many ways the laws established by our government protect our freedom and ensure these rights. The protection of free speech and free press work to guarantee our Constitutional freedom of “the blessings of liberty for ourselves and our posterity.”

The foundation of a free society anywhere in the world is based upon the freedom of speech and the press. In the practice of law, free speech and free press are common topics found in proceedings and litigation. It is unthinkable to conceive of a free society without the pillars of free speech and free press, but as a society witnessing the most rapid changes in the way we communicate, these liberties are often challenged and debated. The boundaries of free speech and free press are much less precise than just a decade ago because the technology of communication has reshaped how these individual liberties affect the daily lives of the people in our society.

The blurring of free speech

“Congress shall make no law respecting an establishment of religion, or prohibiting the freeexercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” 

That passage is, for the most part, the entirety of the First Amendment of the Constitution. It is straightforward and, at the same time, comprehensive. It’s also commonly misunderstood. 

Most people understand that there are cases where someone’s words could put others in danger, the often used “you cannot yell ‘fire’ in a crowded theater,” comes to mind. In the age of the internet, we are presented with new challenges. 

What happens when your Facebook account is temporarily disabled because of something you posted. You’ve been put in “Facebook Jail,” but is this a violation of free speech or free press?

The short answer is, no. It’s not a violation. The First Amendment protects you from the government censoring or punishing you because of your speech. The First Amendment does not protect you from censorship by private organizations. So when you do find your social media account in Facebook Jail because of something you posted that you believed fell under free speech, there’s not a lot you can do but wait for your account to be freed up again.  

Now that you understand that your protection from the Facebook censors does not exist, you’ll think twice before you post what might be considered “hate speech” in the comments of someone else’s post. 

But what about a case where the online world and the real world intersect. Does the First Amendment’s protection of free speech cover you if you are fired from your job because of something you posted online? This is a complex question that could have a variety of answers. Put simply, if you work for a private company, it is unlikely that you will be protected. Now, this does not mean that a private company can do whatever they want. Depending on the situation and what was said online, the firing could violate laws prohibiting discrimination,contract laws or privacy laws. Things get increasingly complicated if you work for a government organization. 

For local, state, and federal government employees, social media posts should not interfere with the employee’s ability to do their job. This becomes a delicate balancing act for those charged with regulating social media activity of government employees. 

Another hot topic since the rise of social media is on line reviews.  Many businesses become victims of false reviews from competitors or people who just like leaving bad reviews without even being customers. Social media platforms are struggling with how to balance the free speech rights of users to make comments and businesses which are attempting to protect their reputations.  More case law will be developed in this area over the coming years.  On-line bullying on a personal level will also be discussed by the Courts as it is a growing concern especially with educators and parents.

The blurring of the freedom of the press

Some might argue that the press has less freedom today than at any time in history. Being a journalist, whether for a media outlet or on the internet, has become a dangerous profession. According to the Committee to Protect Journalists, between 2002 and 2012, five hundred and six journalists were killed globally. Now, this certainly goes beyond the freedom of the press protected by the US First Amendment, but it does highlight a form of censorship, namely fear of reporting, that evades the traditional protection of liberties that our Constitution provides.

Additionally, we hear more and more about “fake news” and its introduction into the American and global conversation. The term “fake news”, which gained popularity in 2017, is the creation of misleading information, hoaxes, or other untrue news stories that are specifically written to deceive the reader into believing they are true. 

Fake news exists at all levels of journalism and has little barrier to entry. Anyone with an internet connection can create a false story and spread it around social channels hoping it will catch a viral wave and spread to thousands of users. 

At the highest levels of the press, fake news takes the shape of inaccuracies in reporting, intentional or not. These untruths can be subtle in their presentation but can have a dramatic impact on the perception of the news-consuming public. Sometimes, fake news is so convincing that national networks will pick up a story and report it as true. 

Fake news can easily spread due to the availability and speed of communication and social channels.

The introduction of fake news into the contemporary dialog blurs the effectiveness of the protection of the free press. At a deeper level, it causes the news-consuming public to be less trustworthy of any media outlet.

Reflecting on Law Day 2019, are we still a free society?

As we participate in Law Day 2019 and spend time considering how the protection of freespeech and a free press has changed so dramatically since their origin, we have to wonder if society is a free as it once was which is ironic with all of the available ways to spread information.  The short answer is yes because of the protections granted to us by the Constitution and the First Amendment. 

However, we live in a time of hyper-change. Day to day information is transmitted faster and with higher levels of convenience. It is natural that the protection of our liberties will need to evolve with these changes. It is up to everyone to help make sure that happens through public service and facilitating awareness. We can all play a part. 

While you might not be planning a “Law Day Party,” everyone at the Orlando Law Group hopes that you’ll join us in considering how important the rule of law is in maintaining our freedom. Happy Law Day 2019!

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The Orlando Law Group announces the opening of a new office in Winter Garden

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The Orlando Law Group’s focus on offering full-service law practice areas shown massive support with the opening of a new law office and a dedicated team of attorneys. The opening represents the Orlando law firm’s fourth office in Central Florida.

Winter Garden, Florida – April 2, 2019

The Orlando Law Group (OLG) announced the opening of a new office in Winter Garden, Florida. This new location strengthens OLG’s greater Orlando presence and offers a convenient location for clients to meet with dedicated attorneys from the full-service law firm. These professionals focus on family law, business law, HOA representation, litigation, personal injury law, probate law, estate planning, and an array of other practice areas. 

To celebrate the opening of this new, strategically important office, OLG is holding a ‘Grand Opening Ribbon Cutting’ event on April 4th, 2019, from 5 to 7 PM. The ribbon cutting will take place at 5:30 PM.

“We are delighted to announce the opening of our new Winter Garden office,” said Jennifer Englert, Founding Partner of The Orlando Law Group. ”This new office is located in an area where we see more and more need for our practice areas. The location will give us space to accommodate our growing staff of attorneys and professionals, and our enhances ability to deliver services into this community. This new office will fuel the continued growth of our firm”, Englert added.

The OLG has a history of community involvement, and as Englert points out, the entire staff looks forward to continuing commitment.

“We are excited to become a part of the Winter Garden community,” Englert said, regarding the law firm’s dedication to serving the community in which they work. The professionals from the OLG are frequently found donating their time and money to local causes. Englert cited, “we look forward to carrying on that tradition.”

The official address for the new Winter Garden law office is:

The Orlando Law Group, PL
12200 West Colonial Drive
Suite #100
Winter Garden, FL 34787
Phone: (407) 512-4394

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