Start Before You’re Ready!

Alexandra Kontos Esq.
RKE Law Group, Partner

I have always loved to write. I graduated from college with a degree in Public Relations. I even worked as a Senior Staff Writer for my college newspaper. Then came law school during which I un-learned everything I’d learned about writing, and replaced it with the rigid, law school-required IRAC method (Issue, Rule, Analysis, Conclusion… for those who are curious). Then, of course, followed several years of drafting legal letters, notices and motions in my practice. I’ve done my share of writing. So, why have I felt so much resistance to sitting down and committing to writing this blog?

I’ve recently picked up meditation as a way to relieve stress and become a more centered and spiritual person. I’m a huge fan so far! When I sit in the “stillness” (as my woo-woo friends say), I feel guided to answers that I’ve been looking for. So, for the past couple of weeks, I’ve been seeing “signs” and Facebook and Instagram posts EVERYWHERE with this message: “Start before you’re ready.” So here I am!

When I look back at the last few years since we first hung our shingle and went out on our own, that is exactly how we’ve approached opportunities:  we start before we’re ready. The three of us met at a giant “foreclosure mill” law firm during the height of the foreclosure/housing market crisis. The work itself was very faceless, in that there was little, if any, client interaction, and we certainly weren't helping anyone, aside from helping the banks foreclose on struggling homeowners who could not afford their mortgage payments.

I remember conversations about how we should go out on our own and actually help people SAVE their homes. We had the experience from both sides of the law; we loved to help people; and we wanted to make an impact in this world (doesn't every lawyer start out wanting that?) We had plenty of drive, but what we DIDN'T have was capital to comfortably start the business, clients, or a concrete plan for what the business would actually look like and how it would operate.

We did it anyway. We street-hustled our way into business networking groups and professional happy hours, and talked to whoever would listen. We gave away a lot of free legal advice, and a ton of our time, but we made relationships that later proved to be invaluable to our law firm and to us as individuals. We started before we were ready, and learned along the way.

These efforts led us to work with a marketing company who gave us a huge (and I mean HUGE) boost to our bottom line. This company knew how to generate leads, and allowed us to focus on what we were good at: the law and helping people. The explosive growth in business came at the expense of having to outsource certain aspects of our business, and not having complete control and autonomy over our law firm, and over the manner in which we served our clients. As fate would have it, about a year later, it was time to put our big-girl pants on and bring everything back in-house (i.e. I hired six loan modification processors in one week’s time!) And, no, we were definitely NOT ready for this. But we did it anyway. And, thank you Universe!

Now that you know our story, I’ll tell you about our intention for this blog (by the way, I can actually feel the resistance lifting as my fingers hit the keys on my MacBook Pro... Yay!!)

Our vision is to provide a platform for women to learn about who we are, and why we do what we do. The legal world has traditionally been a man’s world, and we are here to change that. We want to inspire women to gain control of their lives, and to lead their families and their businesses to a healthy and abundant future. We want to inspire little girls (like my daughters, Alexa, 5, and Athena, 3) to set super-high goals, and to never play small in life. We want to change the perception of the legal industry and, while we’re at it, we want to change the world.

Please keep reading this blog. Send us comments. Tell us what you want to hear more about and less about. At RKE, we dig honesty, so don’t be shy! You will hear from Monica and Lisa, my “Sisters-in-Law and Business” (a/k/a my Partners in this crazy venture), as well as more from me. We will probably stumble along the way, but we totally expect that… and that’s part of the fun!

Remember that if you feel resistance before setting out to take action on something you've been wanting or meaning to do, this is totally normal. The reward on the other side will be so great! (I promise!!) Martin Luther King, Jr. said it best:  “Faith is taking the first step even when you can’t see the whole staircase.”

So, I encourage you to take the first step. Start Before You’re Ready! J

Peace, Love and Lawyering…

Alexandra Kontos, (The “K”)

Chief Business Development Officer; Guardian of Client and Team Happiness and RKE Culture; Attorney & Head of the Family Wealth Building Division

How to Decide if You Need to Hire a Lawyer

Many problems do have a legal dimension and require a lawyer's help. The following questions and answers provide guidance.

These tips come from the American Bar Association and are a great way to see if you need to contact a lawyer.

Are there specific cases when I should see a lawyer?

Yes, some matters are best handled by a lawyer. Nearly everyone agrees that you should talk with a lawyer about major life events or changes. Some examples might include:

1. being arrested for a crime;
2. being served with documents related to a legal proceeding or lawsuit;
3. being involved in a serious accident causing personal injury or property damage;
4. a change or pending change in family status, such as divorce, birth, adoption, or death;
5. a change or pending change in financial status, such as filing for bankruptcy or getting or losing valuable personal property or real estate.

I am thinking about just saving my money up and then contacting a lawyer, is this the best way to approach it?

No. An ounce of prevention is worth many dollars and anxious hours of cure. Once you have determined that you need professional legal help, get it promptly. You can get the most help if you are in touch with a lawyer as soon as possible.

Preparing to Meet with a Lawyer for the First Time

Follow these steps to get ready for your free 30-minute consultation with your lawyer. These tips will not only make you feel prepared but also give you the best use of your consultation!

The more prepared you are, the less time it will take for the lawyer to understand and help you resolve your legal issue. This could result in savings to you.

1. Bring all documents. Make copies of all the documents you have collected regarding your case. Give these copies to the lawyer. If you have notes about a specific form, write your note on a post it and tack it to the document in question.
2. Get organized and take notes! Write down notes outlining your legal problem, or any questions you may have. It’s okay to have questions and your lawyer expects that you might have a lot of them! The lawyer you are referred to must have your details in order to decide what is important and how to move forward in your best interests.
3. Dress for success. Even though you may be very emotional about your case, dress as if you are going to a business meeting or applying for a job. You will feel in control, which is important. 
4. Be honest. It is very important that you give an honest account of your legal problem. This is not the time to “hide” something. This includes issues that may be sensitive to you or your family. Remember that the conversation your have with your lawyer is private, and cannot be discussed with others without your permission.

This tips will help you during the consultation to help you be organized for the course of your legal matter.

1. Talk about how much this will cost you. Your lawyer will be ready to discuss fees during your first meeting. You should be ready to do the same. It is perfectly okay to discuss payment plans with your lawyer. Always get your agreement in writing and keep a copy for your file.
   If you and your lawyer determine that your legal expenses will be more than $1,000.00 (one thousand dollars), then the attorney must provide you with a written fee agreement.
2. Read all documents carefully before signing. Before you sign a document, ask your lawyer to fully explain to you what exactly it is that you are signing. If you do not understand what the document is about that you are being asked to sign, ask your lawyer to explain it to you again.
3. Keep your own files. Don’t hesitate to ask for copies of all letters and documents prepared on your case. You should also keep the written fee agreement between you and your lawyer for your records.
4. Listen to your lawyer. Listen to your lawyer and think about what your lawyer asks you to do. The lawyer’s judgments are based on legal training and experience. Remember that lawyers cannot work magic. No lawyer wins every case, and sometimes the best legal advice may not be what you want to hear. Your lawyer will provide advice that has your best interests in mind.

We hope these tips help you feel confident and ready for your consultation!

How Bankruptcy May Help You

In April of 2013, the Loss Mitigation Mediation program (also known as the LMM program) was launched in federal bankruptcy court in South Florida. This program allows homeowners who are struggling to modify their first mortgages on their homestead property to go to mediation with their lender under the protection of the bankruptcy court, in chapter 13 bankruptcy. The program has proved to be very promising as it was initiated by the trustee's office itself, and strongly supported by the local bankruptcy judges and attorneys.

The LMM program was modeled after the mediation program in the Orlando area, which has been very successful over the last 2 years, with an 80% success rate compared to a 4% success rate for mediations outside of bankruptcy. This is a huge difference, and we are excited about bringing this program into South Florida. For homeowners who have not been successful in achieving loan modifications in the past or on their own, this program may be a great next step. For more information, or to set up a free consultation, please contact our office.

Why Transparency is Key

When we speak to homeowners who have retained other law firms in the past, the number one complaint that we receive is that the client never received updates from their attorney; they were not kept in the loop regarding their case, and, overall, that they felt their attorney did not include them in the process. They feel that they did not receive the attention they deserved.

If you retain our law firm to represent you, you will be given a login and password to our client portal, on which you can see what is going on with your case. You can send us messages in real time 24 hours day/7 days a week, and always receive a response from one of our experienced RKE Team members within 24 hours. Our clients love the portal, as they have instant access to their attorneys and to their case.

Many of our clients work during the day, they need to be able to access their case when they get off from work, or even from their office. This way there are no questions; we always provide instant access. Clients can even upload documents to us through the portal, and this makes communication between our attorneys and our client so much easier. This way you'll always know what's going on, no surprises, and no secrets.

Who is RKE Law Group?

You may be asking what sets RKE Law Group apart from the rest of the law firms in South Florida? One of the first things we always share with people is that we are here for the average person looking for legal support.  We understand that when you are seeking legal support, you are not only experiencing stress but also confusion and are most likely trying to figure out what you should do next.

What most homeowners don't know is that the bank may initiate foreclosure proceedings against you, even if you are trying to work on a loan modification. What sets us apart from other companies is that, if you get served with a foreclosure lawsuit during the process, our attorneys will step in and aggressively defend the lawsuit, protecting your interests in the action, while continuing to work on settlement options with your lender, so that you are able to stay in your home.

What our clients like the best about our service is that they can log in to our client portal through our website and see what is going on with their case 24 hours a day/7 days a week.

Another bonus is that clients can also upload documents and ask questions through the portal, eliminating the need to having to set aside time to call. Our clients love the convenience that this portal allows!

We are owned operated by experienced attorneys licensed in the state of Florida, and we work for you. We are regulated by the Florida Bar, and adhere to a high level of ethics and customer service standards.

For more information, please contact our office.

Fast-Track Foreclosure Law

Fast-track foreclosure is now the LAW in Florida. What does this mean for you? This law essentially expedites the process the banks must follow in prosecuting foreclosure actions. It's a big change and it is important that you know the basics.

This law shifts the burden of proof to the homeowner by requiring that you file an answer to the lawsuit within a very short time period of 20-45 days.

If you fail to do this, the law allows the Court to enter a final judgment of foreclosure against you. What this law means for the homeowners of Florida, is that it's now more important than ever to seek the help of an experienced attorney to assert your legal rights.

If you want more information on the fast-track foreclosure law and how it may affect you, please contact our office.

Dealing with a Cease and Desist Order

One of the most common questions that we hear from homeowners who are behind on their mortgage payments is: "What can your firm do to help me put an end to these non-stop collection calls from the bank?"

Once we are retained, we immediately send a letter called a Cease & Desist. In this letter, we demand that the bank cease all direct communication with the homeowner, including harassing collection calls and all other collection calls; and we request that the lender direct all communication to our Firm.

It is possible that your lender may still continue to send you information about you loan as may be required by law. Simply keep these letters in a file in case we need to reference the dates of the letters. A best practice is to staple the envelope the letter came in to the letter so we have an accurate post mark if needed.

If the lender continues to call you on your personal cell or on you home phone after this letter is received, it is critical to keep track of the dates and times of these calls, as we may have an action against your lender for violation of federal law.

This means we may be able to file a lawsuit against your lender, and you may be able to win money back. Too many homeowners out there simply don't know what their rights are. We are here to help!

We encourage you to contact our office, and schedule a free consultation if you're interesting in learning more about this topic or with any concerns you may have regarding your loan modification, bankruptcy and other legal matters.

8 Step Checklist for Buying a Home

It does not matter if you are a first time home buyer or a home buyer making a home purchase after bankruptcy, these tips can help you be organized for a successful purchase.  If you are organized, you can not only find the home of your dreams but move into this purchase with confidence.

• Decide how much you can spend realistically. Take into consideration your income, expenses and possible future experiences. 

• Check your credit reports to find out where you stand.  Look for errors and correct them now so you are ready when you go to apply for a home loan. 
  

• Shop for a lender.  Look for the best rates and terms that will work for you.  Find out what closing costs may be involved with any lender (they can generally give you an estimate.)

• See if you can get pre-approved for a mortgage.  This will allow you to know what your budget is and what you can expect to pay as a down payment.

• Find a real estate agent that can help you to find a home that meets your needs. Find someone you feel confident in and can partner with you during this process.

• Make a list of features you would like in a home and research neighborhoods that you would like.  Think about crime rates, school and local services as much as you would when you are deciding if you wanted 3 bedrooms or 4 bedrooms. These things count.  This is where your family will live for a long time.

• Go house hunting and when you find one, make an offer that is contingent on the results of a full home inspection.

• If you are worried about any terms of your home purchase, consult a lawyer.  This way you can go confidently into your new home purchase!

Settlement Reached in Class Action Against Marshal Watson

Daily Business Review Settlement Reached in Class Action Against Marshall Watson - RKE Law Group.  

How to Prepare For Bankruptcy Filing-You Initial Meeting

Making a decision about whether you should file bankruptcy, and what type of bankruptcy is appropriate, can be hard for some.  Partnering with a great lawyer is key to getting the best support.

Here are some tips to get the most out of your meeting.

To get the most from your initial meeting you should bring:

• Information on income and assets (some will ask for your most recent banking statements too).
• A full month’s worth of pay stubs for you and your spouse.
• A copy of the deed to your home, showing exactly how you hold title.
• Information on the make, model, mileage on each vehicle you own.  If you have water crafts, the same for those too.  Don’t forget about RV’s too.
• A list of the stocks, deposit accounts, brokerage accounts and all other investment accounts you have.
• Information on your gross income for the past two calendar years.  
• A recent bill from each creditor or a list of creditors and the amount you owe to each one.
• Tax notices for each year for which you have unpaid taxes.  This include property taxes.
• Car loan information including the interest rate, payoff, or a copy of your car lease/loan.
• Balances on each loan secured by your home or other assets.
• Information regarding any lawsuits or judgments filed against you.
• If you operate a business, bring the business’s most recent tax return and the most recent income statements and information on lease agreements, debt and other documents.

You should also know the answers to the following questions.

• Have you co-signed loans?
• Do you have a lawsuit that hasn’t yet been filed or is pending?
• Do you appear on your parents’ or siblings property title?
• Have you put your property in trust?
• Are you entitled to an inheritance from someone who has recently died? Are you likely to inherit money in the next year?
• Are you getting a tax refund?

[First Person Story] Surviving Bankruptcy

This is a first person account of one families struggles with the decision to file for bankruptcy, and the emotions, fears and results that they experienced.  We know that when you are having money problems, you can feel alone and as if you are the only one this is happening too.  We hope this story gives you inspiration to know that ow will recover from your own financial struggles.

In 2007 we were blessed with the birth of our first child, a beautiful baby boy.  Shortly after his birth we realized that we were in for financial disaster.  At 13 weeks pregnant, I suffered major complications and almost lost out baby.  I was placed on bedrest, could not work and we had only one income which was being impacted by the fast that my husband need to be at home caring for me.

Our budget was tight but we were doing alright.  We were new home owners, had a new baby and felt like we would recover in no time.  Then our insurance started to deny claims that had been filed during my high risk pregnancy.  The medical bills started pouring in.  It was not on common to get bills every week.  We tried our best to work with creditors, create payment plans and make sure we connected with everyone so that we could managing an ever growing debit. 

Then the housing market crashed.  Our home’s value seemed to be cut in half over night.  Our neighborhood quickly changed from “happy family community” to foreclosed properties, an increase in crime occurrences and vandalism.

As we struggled, our lender refused to help us.  We were harassed by them, called names, threaten and belittled.  We knew we needed help but the idea of bankruptcy seemed wrong.  We felt like everything going on was our fault.

The decision to talk with a lawyer was not an easy one to make.  It was scary, overwhelming and just plain unimaginable at times.  Once the process got started however things quickly changed.  The lawyers gave us confidence.  They showed us that we were not totally at fault for the situation we were in.  

Having someone support you and help you refocus, get back on track and gain a healthy outlook for the future is one of the best things we did.  Instead of feeling as if we were failures, we learned how to make changes, how to make the right decisions when it came to whom we took loans from and who we trusted with our money.

We did loose our house, but thankfully we were able to move on.  Not only were we able to get credit rather quickly, we also were able to make smart choices to increase our credit scores and get focused on our future rather than a series of things we had been made to feel we could have fixed when really, we had no control over.

Partnering with a lawyer who knows what they are doing when it comes to bankruptcy, is the biggest step forward you can make.  Don’t be afraid to ask for help.  The problems that made you consider bankruptcy in the first place, can cloud your judgement and make you feel a lot less confident that you have to be.  Bankruptcy is not the end of the road.

*We have kept the writers identity confidential at their request.

Take Charge of Your Financial Life

For many, it is hard not to get addicted to the power of credit cards and over spending.  It often starts in college for many of us and we find ourselves graduating with an addiction to charging what we want. No one wants to get to the point of bankruptcy but it can happen faster than anyone imagines.

Once you have this habit, it will only grow with income increases. Quickly you can find yourself with a heap of credit debt that is growing every month.

It can take years to master your own money.  This is why you need to look at your finances like businesses do...be the CFO of your own life.

Here are 5 ways you can do the same:

Write things down so I could use the numbers to create a snapshot of my actual spending habits. 

Track expenses.  Write it all down and make sure everything gets written down.  From the pack of gum to the mortgage payment.  This way you can see what you spend and where you spend it.

Build a budget.

Create one for yourself.  This is critical to success.  You will begin to better understand your money when you do this.

Think 50 percent for needs, 20 percent for savings and 30 percent for wants.
How simple is that? This is the most effective way to manage your money.

Practice conscious spending.
Conscious spending means actively choosing where your money goes.  This is just what a business does. Spend extravagantly on the things you love, but cut costs like a master on the things that don't matter. Think...do I really need this or do I just want it?

Turn a profit.

Everyone knows that if a company spends more than it makes, it can't turn a profit and soon it will be out of business. Apply this to your own finances. Never spend more than you make.

You can still have a life if you are frugal, smart and organized in your money matters.  The first step is making an honest effort to manage your finances!

[Transcript] RKE Tip Tuesday: What to do when you get served with a Foreclosure Notice

As a foreclosure defense litigation attorney, I have helped hundreds of people in all stages of the foreclosure lawsuit. One of the most important stages, if not the most important, is the beginning.

This is a transcript from one of our awesome videos on YouTube.  We think the information is very valuable and we wanted to share it with those of you that maybe missed the YouTube video when it was first posted!  We know getting a foreclosure notice can be scary and we hope these tips will help.

A foreclosure action is initiated when a Plaintiff (usually the lender) files a Complaint for
Foreclosure against a Defendant, which in most cases is the home-owner. For the court to get jurisdiction over you and in order to bring you into the lawsuit, the Plaintiff must serve a Summons and Complaint upon you within 120 days of filing the Complaint. Service is typically completed by a process server, or a sheriff.

The process server generally delivers the Complaint package, along with the Summons, and they are signed and dated by both you and the process server. Once you are served, you have generally only 20 days from the date of service to file a response to the Complaint. 

What do you do next? Call an attorney. A good foreclosure defense attorney will be able to strategize and maneuver their way through the foreclosure action, while best preserving and protecting your interests at all times. 

If you can't afford an attorney or don't have time to hire one before the deadline, prepare your own response to the Complaint -- even a letter will be enough. Be sure to file it with the Court and to also send it to the Plaintiff's attorney -- just mailing it to your lender or contacting your lender is NOT enough. 

You cannot afford to NOT react. If you do not file an answer or response with the Court, you have created a huge obstacle for yourself to overcome as you risk being defaulted.

Also, if you are trying to work on a loan modification with your bank, don't be fooled into
thinking that your bank won't start a foreclosure lawsuit against you. Your bank can and will initiate a foreclosure lawsuit against you even if you're trying to work on a modification.

The most important "Take-Away" from you from this is that you absolutely must respond to a foreclosure complaint after you are served. No answering will put you on a fast-track to losing your home. 

As foreclosure litigation is a lot of work and requires in depth legal knowledge, your interests would be best protected by hiring an experience attorney to be on your side. However, if not able to hire an attorney right now, if you are able to answer the complaint, it will make it a lot easier for the attorney that you are looking to hire.

RKE Law Group Successfull Agreement

We often get asked about our success with getting loan modifications for our clients.  Although every client has a different outcome for a variety of factors, we can say that many find that with our assistance, they are able to get a loan modification that meets or exceeds their needs.  

You can never go wrong when you get the right support for a loan modification.  It can be a scary when you are underwater on your mortgage and can’t afford to make your monthly payments!  

Check out a recent loan modification agreement RKE Law was able to achieve for an amazing client.  

RKE Law Group Successful Agreement

Client since: August 2012 came to us after a foreclosure lawsuit had been initiated

Principal Reduction: $131,036.92******

New Principal and Interest Payment $158.32

Escrow Payment $266.45

Total Monthly Payment: $424.77

New Interest Rate: 2.00% (until 8/01/18)

Adjust to: 3.98% (fixed for the life of the loan)

New Principal Balance: $35,500.00

Old Principal Balance: $166,536.92

Principal Reduction of: $131,036.92******

This was a HUGE achievement for the client.  The amount of the principle reduction is amazing and their monthly payment is much more reasonable for their budget.  

No one needs to suffer through the stress of loan modification and feel alone during the process.  

Although you don’t have to retain a lawyer when requesting a loan modification we can say that According to a 2010 study by the Urban Institute, clients with a representative lowered their monthly payments by an average of $267 more than those without legal counsel.

We are here to help you!  Contact us today so we can help you get on the road to success!

Cell Phone Use While Driving Now Illegal

It's official South Florida. No more texting and driving in the state of Florida folks.

Gov. Rick Scott was in South Florida on Tuesday to sign SB 52, legislation championed by Sen. Nancy Detert (R-Venice) for the last four years. It's now officially the law!

Under the new law, Florida will join a large majority of states in prohibiting texting while driving. As a secondary offense, however, drivers must be stopped for a separate alleged traffic violation before being ticketed for texting while driving. This means they cannot simply pull you over because you are texting, but if you are you clearly are a "distracted driver" so be prepared to be pull over.