Barbara Billiot Stage

The Florida Bar  # 0042467

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Q. How can I establish Florida residency from Germany before moving?

April 22, 2025

A: You have to spend at least 183 days a year in Florida as well as getting the drivers' license, voter registration, a declaration of domicile, and proof of residency such as establishing bank accounts and utilities. I would not attempt to work around this given your security clearance. You do not want to risk having your clearance revoked.

Q. What are my legal rights if the owner sells the property while I'm living there under a verbal rent-for-work agreement?

April 21, 2025

A: You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

Q. Will I be allowed to stay in my home during bankruptcy proceedings?

April 16, 2025

A: I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys give free consultations. You can also check with the legal clinic in your federal district court (North, South or Middle District of Florida based on your county) to see if you can get some assistance there as well.

A Chapter 7 allows you to wipe out all debts that are not secured and either reaffirm secured debts (home, car) or redeem them (give them back to the lender). A Chapter 13 allows you to repay the past due amount of your debt over five years; however, there is a 10% fee the trustee gets (10% of your monthly payment). I have know the trustee to reduce the percentage for hardship cases.

The landowner of your mobile home can file a motion for relief from stay, meaning they can proceed with an eviction. I have not handled one of those cases to know if they actually do that or not and I will defer to my colleagues that practice debtor bankruptcy. ... Read More

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