Using A Power of Attorney

Winter Park Home, Volume 8 / Issue 4, 2010

Occasionally clients tell me that they cannot be present for a real estate closing, and ask if they can sign their documents in advance. Depending on the circumstances, particularly if the individual is the Seller, the closing agent may be able to accommodate this request and have the documents signed prior to the actual closing date. However, there are other situations where this cannot be done. In some situations, a duly prepared and executed real estate Power of Attorney can be used, whereby a second person is authorized to sign on behalf of the individual who cannot be present. In this column, I address the use of Powers of Attorney solely as they relate to the sale, mortgaging, and leasing of real property.

A Power of Attorney is a written instrument in which one person, known as the “Principal,” delegates his authority to another person, known as the “Attorney-in-fact,” to act as an agent of the Principal to sign documents on behalf of the Principal. This Attorney-in fact may execute only those documents that the Principal has authorized his agent to sign on his behalf. Powers of Attorney, or “POAs”, are recognized by chapter 709 of the Florida Statutes, which prescribes the types of POAs and the rules under which they can be used. POAs can be general or specific in nature.

A general Power of Attorney often includes language reciting the authority of the agent to “sell and convey any and all real property owned by me in the State of Florida.” This is generally recognized as sufficient authority for the Attorney-in-fact to sign a Purchase and Sale Agreement for property owned by the Principal at the time the POA was executed, and also to execute a deed and other documents necessary to transfer the property. The language in a POA must be sufficient to describe the acts which the Attorney-in-fact may undertake on the Principal’s behalf. If, in the above example, the POA only recites the authority to sell all real property owned by me, under Florida law this authority is not sufficient for the Attorney-in-fact to execute the deed to convey the real property. Additionally, in the above example, the authority to “sell and convey any and all real property owned by me in the State of Florida” does not include real property that may be subsequently acquired by the Principal. If the Principal intends to include subsequently acquired property, the POA must include this authority.

A Specific Power of Attorney is more detailed. It identifies the real property that is subject of the transaction, the documents that are to be signed on behalf of the Principal, and typically defines the duration of the POA. An example is a POA in which the Attorney-in-fact is authorized to execute a Mortgage, Promissory Note and other related documents for a loan from ABC Bank that does not exceed a specified amount, and which recites that the documents must be signed by no later than a certain date, after which the POA can no longer be used. Ideally, unless the Principal wants to provide blanket authority to his agent, the parameters of the authority should be limited to the particular transaction.

There are also execution formalities for a Power of Attorney. The general rule is that the POA must be executed with the same formalities as the document that is to be signed by the Attorney-in-fact. For example, a deed requires two witnesses and a formal notarial acknowledgement. A POA authorizing an agent to sign a deed on behalf of the Principal must therefore include two witnesses and the acknowledgment. There are, however, exceptions to this rule. Typically mortgages do not have to include witnesses. Florida law, however, provides that a POA used to mortgage homestead property must be executed with the formalities of a deed, i.e. also include two witnesses. Durable Powers of Attorney, which will be discussed in a subsequent article, must also be executed with the formalities of a deed.

There are preliminary issues to address when relying upon a Power of Attorney. If the POA is to be used for a mortgage, the Lender must first be contacted to determine if the Lender will allow its use. A number of Lenders, in fact, uniformly refuse to permit the use of any Power of Attorney. If a Lender authorizes use of a POA, oftentimes the Lender requires use of its own form of POA. In those cases it must also be determined whether the Lender’s POA is sufficient for the contemplated transaction. Lender’s forms are sometimes inconsistent with Florida law, and need to be modified, before a closing agent can rely on its use.

Another question to ask is why the parties want to use a POA. Although there are many good reasons why a person cannot be present at a closing (e.g. out of the country on military duty), a Power of Attorney should never be relied upon solely for the Principal’s convenience. The closing agent should determine the reason why the seller, purchaser, or mortgagor cannot be present for the closing.

Additionally, in today’s marketplace, there is an underlying concern whether the Principal is in fact who he says he is. There are numerous examples of “Sellers” or “Mortgagors” providing POAs – only to later learn that the POA is fraudulent. Even if it is determined that the Seller or Mortgagor is who he says he is, the better practice, which our office always follows, is to also obtain a copy of the Principal’s driver’s license or passport to support the fact that the Principal did in fact sign the POA.

Any individual wishing to create a Power of Attorney should always consult with his attorney to determine the appropriate scope of any grant, and that it is prepared with the appropriate formalities.

In my next column, I will describe the use of a Durable Power of Attorney, and the proper execution of documents by the Attorney-in-fact.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

ASK A LAWYER-Brothers at odds over inherited home

Orlando Sentinel, September 20, 2010

Question:
My brother and I inherited my mother’s house, and our names are on the deed. I want to move in and live rent-free, but my brother and his son say I should pay rent. Since I am half-owner, does my brother have any legal way to prevent me from moving in?
G.M.
Orlando

Answer:
You each own the house equally as tenants in common, with an equal right to occupy the property. If you and your brother disagree as to the use and possession of the house, and you don’t want to sell the property, your brother has the right to file a partition action with the court to sell the property. As part of that suit he could seek an injunction preventing you from moving into the property.

In any case, as tenant in common you have no legal obligation under Florida law to pay rent to your brother. The only exceptions would be if you are also collecting rent payments, or if you are otherwise adversely preventing your brother from occupying and using the property.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

The Right of Possession

Winter Park Home, Volume 8 / Issue 3, 2010

There are three principal ways in which individuals acquire ownership in real property–as tenants by the entireties, as joint tenants with rights of survivorship, or as tenants in common.

Tenants by the entireties is limited to ownership by a husband and wife, and provides for an equal right of possession, and for automatic transfer of all interest in the property to the surviving spouse upon the death of the other spouse. Judgments against one spouse do not attach to property owned as tenants by the entireties. Also, neither spouse under a tenancy by the entireties can convey the property without the joinder (formal agreement) of the other spouse. A husband and wife can acquire property as tenants in common–but the vesting deed must include and document this contrary intention. Due to the insulation offered from judgment creditors, as well as the survivorship feature, acquiring property as tenants by the entirety is almost always the recommend form of ownership for a married couple. If divorced, their interest automatically transfers to a tenancy in common.

Joint Tenants with rights of survivorship–To acquire property as joint tenants, the vesting deed must recite their ownership as “joint tenants with full rights of survivorship.” Each joint tenant has an equal ownership interest in the property, and an equal right to occupy and use the property. Each joint tenant may also subsequently convey his/her individual interest to a third party. Provided no action has been taken to terminate the joint tenancy, when one owner dies his/her ownership interest automatically transfers to the other owner, and no probate is required for the deceased’s estate. For example, if John and Jake purchase property as joint tenants with full right of survivorship, and Jake dies, John takes the whole. However, if Jake previously conveyed his interest to Mary, the joint tenancy is severed, and John and Mary own the property as tenants in common. If John and Mary now wish to create a joint tenancy between themselves, a new properly executed deed from John and Mary to themselves, with the recitation “as joint tenants with full rights of survivorship,” must be recorded in the public records.

Tenants in common is the most widely used form of individuals’ concurrent ownership of real property. Whenever two or more individuals (other than husband and wife) purchase real property, and no contrary intention is stated, each acquires an equal ownership interest in the property as tenants in common, with equal rights to occupy and use the property. Typically these individuals are related, or may be friendly business associates. When one of the tenants dies, his/her estate must be probated to determine the owners of the deceased’s interest in the real property - i.e. there is no survivorship feature.

Problems may arise when one of the joint tenants or tenants in common moves out and wants to sell the property, and the other does not. Although each tenant/owner legally may separately convey his or her interest in the real property to another person, there are certain practical considerations. First, of course, the selling owner must find someone who is willing to own the property with the other tenant(s) in common. Second, even if the selling owner finds someone who wants to purchase his interest, they must address whether there are any mortgages on the property that contain a due on transfer clause. This provides that the lender must approve a transfer of any interest in the real property. Without that approval, the lender may declare the mortgage in default, and the property may be foreclosed.

The following example illustrates the due on transfer application. John and Jake currently have a mortgage on their house. The mortgage contains a due on transfer clause. If Jake were to convey his interest to his sister Mary without first obtaining the lender’s consent, the lender has the legal right to immediately foreclose on the house. The lender’s consent to the transfer, of course, would not by itself release Jake from his continuing obligations under the promissory note and the mortgage.

What are the rights of the tenants in common when one owner resides on the property, and the other owner lives elsewhere? For example, Peter and Steve, two college fraternity brothers, bought a home in Winter Park ten years ago. Peter continues to work locally and lives in the house by himself, while Steve recently moved out of the house to take a job in Miami. Due to the downturn in the market, neither wants to sell the house at this time, and Peter does not want to buy out Steve’s interest in the house. Is Peter obligated to pay Steve rent for his half interest in the property? Florida law clearly says no, provided Peter isn’t adversely preventing Steve from occupying the home, and Peter is not collecting rent payments on the property.

What recourse, does any out of possession tenant have if he wants the property to be sold, and the co-tenant refuses? Generally, a tenant in common has the absolute right to bring a court action to partition the property and sell it for its fair market value. The owners would then split the proceeds, after all costs and credits, if any, have been applied. In this example, Steve may choose to wait until the market values improve and, if Peter then refuses to sell, bring a partition action in the Orange County Circuit Court.

Any decision to purchase real property with another individual should be carefully considered by each of the parties, together with a determination of the best form of ownership. Each purchaser should consult with his/her attorney to determine whether the form of tenancy is consistent with each of their individual goals.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

Don’t Pay Twice for Remodeling Jobs

Winter Park Home, Volume 8/ Issue 2, 2010

Clients frequently ask how they can protect themselves when they enter contracts for home improvements projects. The question often arises after they’ve seen a news story or heard from neighbors who have already become victims of situations in which property owners have had to pay material suppliers after the owner has already paid the contractor the full contract price for the completed project, including the cost of materials. They, in effect, have had to pay for the materials twice. When appropriate, I typically advise these clients that they should be protected if they file a Notice of Commencement and follow the guidelines provided by Chapter 713 of the Florida statutes, commonly referred to as the construction lien law.

Here is an example. Michael Jones hires Joe Roofer to put a new roof on his home. Joe is well established in the community, obtains a building permit, and has Mr. Jones execute a Notice of Commencement. The Notice of Commencement is then recorded in the public records, and a certified copy of the Notice is posted on the property. The job is completed three weeks later. No one has provided a written notice to Mr. Jones that they are supplying materials or work for the project. Joe Roofer signs a contractor’s final payment affidavit, together with an executed waiver and release of lien, reciting that everyone has been paid in full. Under these circumstances, Mr. Jones will not have to worry about paying any material supplier or subcontractor a second time. Florida law will protect the owner from paying more than the agreed upon contract price.

Now, consider a second scenario in which the facts are identical to the first example, EXCEPT this time Supply LLC provides a written notice to Mr. Jones (Notice to Owner) that it is supplying shingles for the new roof. Under these circumstances, when the work has been completed, Mr. Jones has an additional responsibility. In addition to obtaining the roofing contractor’s final payment affidavit, waiver and release of lien, the owner must ALSO obtain an executed waiver and release of lien from Supply LLC.

Florida’s construction lien law provides that, once a property owner has received a Notice to Owner pursuant to a recorded Notice of Commencement, that property owner has an affirmative obligation to confirm that the party giving the notice has been paid in full. In our example, if Mr. Jones fails to obtain this proof of payment from Supply LLC and pays the balance of the contract price to Joe Roofer, Mr. Jones will assume the risk of paying for the shingles a second time, if Supply LLC has not been paid. This is true even if Joe Roofer provides a final payment affidavit, waiver and release of lien, stating that everyone has been paid in full.

If Supply LLC did NOT provide Mr. Jones with a Notice to Owner pursuant to the recorded Notice of Commencement, the company effectively waived its rights to sue Mr. Jones for the cost of the shingles, in the event that Joe Roofer fails to pay for them.

Florida construction lien law is designed to protect the property owner, while also defining the rights and duties of contractors, subcontractors, material suppliers, and laborers. To obtain the benefits of a recorded Notice of Commencement, the cost of the improvements must first exceed a $2,500 threshold. In addition, the property owner, and any potential lienors providing a Notice to Owner, must use the forms provided by the Florida statutes for the Notice of Commencement, the Notice to Owner, the contractor’s final payment affidavit, the waiver and release of lien.

Once the Notice of Commencement has been recorded, a certified copy must be posted on the property. That certified copy must include the name of the property owner and the general contractor, along with their contact information. If a Notice of Commencement is not filed, then the property owner cannot rely on the statutory authority provided by the construction lien law. The recording and posting of the Notice of Commencement triggers the obligation of subcontractors and material suppliers to provide a formal Notice to Owner to protect their lien rights. If they fail to provide that notice, they will effectively waive their rights to sue the owner upon completion of the project.

If a Notice of Commencement is not recorded, the owner is not legally authorized to rely on the contractor’s final affidavit and lien waiver, creating a situation in which there may be hidden parties who subsequently sue to collect for their contributions to the project. There would be no sense of finality.

With a properly filed Notice of Commencement, once the improvements have been completed the owner must follow one of two procedures. First, if there are no Notices to Owner, he may rely on the contractor’s final payment affidavit and the executed waiver and release of lien. Second, if there are Notices to Owner, in addition to obtaining the final contractor’s affidavit and lien waiver, the owner must also obtain a written release and lien waiver from each party that has provided a Notice to Owner. As long as the owner complies with these guidelines (assuming that the owner does not have knowledge that any of the information provided is fraudulent), the property owner will not run the risk of paying a subcontractor or materials supplier a second time.

Construction lien law is complex, and this article is not intended to provide a complete analysis of the provisions of the Notice to Owner and its application. This article is designed to provide a basic understanding of the purpose of recording a Notice of Commencement, and the use of the statutory Notice to Owner. Property owners should consult with their real estate attorneys before undertaking a substantive home improvement project to review the home improvement contract and assist in the preparation and/or review of the Notice of Commencement and all construction lien law related documents.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

ASK A LAWYER-Can 1st Owner Reclaim Adopted Pet?

Orlando Sentinel, May 3rd, 2010

Question:
Several months ago my family adopted a dog from a reputable animal-rescue group that got the dog from a county pound.

We love the dog and already consider him part of our family, but we also realize the dog’s original owner may be looking for him and could track him down. If that happens, would the original owner have a legal claim?
C.R.
Casselberry

Answer:
Pets, although our beloved companions, are considered personal property under Florida law. A “true” owner generally has rights to “lost” property superior to those of a “finder,” and may therefore potentially assert ownership of an adopted pet.

Although there appears to be no published Florida precedent resolving this particular issue, a Vermont court has considered other factors (such as the adopter’s efforts to locate the true owner, and how long the adopter has cared for the pet) in allowing the adopter to keep the adopted pet.

Although not binding in Florida, the Vermont case may be persuasive authority in your favor. Additionally, local ordinances may authorize animal-control agencies to make pets available for adoption, if the agency’s efforts to find the true owner are unsuccessful. Local pet-adoption ordinances (and how long you have had your adopted pet) may therefore potentially help defeat an original owner’s claim.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

Let the Preparer Beware

Winter Park Home, Volume 8/ Issue 1, 2010

Legal document forms that are widely available on line, at office supply stores, and other similar sources may seem like a great money-saving option, but they can create serious problems when improperly prepared or used incorrectly. When clients call asking if they can prepare a deed, contract, or other real estate document, using one or more of these legal forms, I always caution them regarding the pitfalls. While simply filling in the blanks of these documents may appear self-evident and easy to do, there is no guarantee that individuals will prepare them correctly, execute them properly, or select the appropriate document for their particular purpose.
Let’s take a look at some of the problems that can result when deed are prepared by individuals other than a qualified real property attorney. The do-it-yourself results often create situations in which significantly more money may need to be spent later to fix a problem that could have been avoided by initially retaining a qualified real estate attorney to prepare the document correctly the first time.

David Jones, for example, agreed to sell property to his friends, Pete and Bessy Smith. To avoid costs, the parties agreed that Mr. Jones would prepare the deed and coordinate the execution and recording of the deed. The deed was properly notarized, but there was only one witness on the deed. Ten months after the deed was recorded a $50,000.00 federal tax lien was recorded in the public records against Mr. Jones. Two months later Mr. and Mrs. Smith decided they wanted to obtain a mortgage on the property, and were told by the title underwriter who would be insuring the mortgage that they (or Mr. Jones, who has left town) would first have to pay off this tax lien.

Mr. Smith called me for advice. I had to advise him that Florida law requires two witnesses for each grantor on a deed for it to be legally valid and enforceable. The federal tax lien against Mr. Jones, although recorded 10 months after the recording of the deed, does in fact attach to the Smith property. I further explain that, due to the lack of two witnesses on the deed, under Florida law this deed did not effectively transfer the property to the Smiths, which means Mr. Jones still retains an interest in the property. That property interest can be attached by federal tax liens and other judgment creditors of Mr. Jones.

If the deed had been recorded for more than five (5) years, and no liens had been filed against Mr. Jones during that time period, the lack of sufficient witnesses would be resolved by a curative Florida statute. However, for the first five years, any defect in the deed caused by lack of sufficient witnesses would prevent the buyer from having clear title to the property.

Consider the case of John Johnson. John owns a home. He and his wife, Mary, reside on the property. John wants to avoid probating his home after his death, and also wants to provide for his wife and two of his four adult children. John, as sole owner and grantor, conveys the property to himself, his wife, and his two children, all as joint tenants with rights of survivorship. Mary dies first and John’s death occurs later. The two children, as survivors under the joint tenancy provisions of the deed, sign a contract to sell the property. Under the terms of the contract, the Sellers obtain a title search of the property. The title commitment reflects that the property is now owned by the heirs of John Johnson – and not by the two children under the survivorship terms of the deed. The title commitment further provides that John’s estate must be probated to determine the current owners of the property. What went wrong? Homestead! Florida law provides that a husband can convey solely owned homestead property to himself and his wife. A transfer of any interest in homestead property to anyone other than the spouse is subject to the joinder requirement. In other words, since John’s wife didn’t execute the deed, the transfer to the two children is void, defeating the intent of the grantor.

Legal description errors often occur in home-made deeds. The test of the sufficiency of a legal description is whether a surveyor, by applying rules of surveying, can locate the property based solely on the legal description set forth in the deed. Let’s assume, for example, there are 10 Blocks in a subdivision, and that there is a Lot 5 in each of these Blocks. A grantor who owns Lot 5 of Block 1 mistakenly conveys Lot 5 in Block 9. This conveyance is obviously defective on its face. Often, the Grantor (or even the Grantee) will attempt to correct the legal description by re-recording the deed, after first striking through the defective portion of the legal description (Block 9), and inserting the correct legal description (Block 1). This “corrective deed” is not valid, since the deed, to be effective under Florida law, would have to be re-signed by the Grantor, re-witnessed, and re-notarized. In addition, the correction would have to be initialed.

Once a document has been recorded, the legal description cannot be unilaterally changed and re-recorded, unless it is re-executed with the above formalities. Alternatively, a new deed is needed. Otherwise, a quiet title action may be necessary to determine the ownership of the property. A new deed, prepared by an experienced real estate practitioner, would have avoided the effort and expense in curing this problem at a later date.

These are only a few examples of the many problems that can be created by a person who is not fully versed in Florida real estate law. In each of these examples, the Grantor would have saved considerable time and money if he had consulted with an experienced real estate attorney who understood the ramifications of Florida law in the preparation and execution of deeds.
Deeds and contracts are technical legal documents. They need to be accurately prepared, properly executed, witnessed, and notarized. Although non-professionals are not required by law to retain an experienced real estate attorney when preparing documents for their own personal use, these same individuals need to be aware that problems could result by incorrectly preparing or executing a document. Let the preparer beware!

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.