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S. Whitney Ellis

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Frank S. Shaw IV

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Penny Cantin

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Berenice Pegnano

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James C. Thompson

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The Team and Time Behind the Home Buying Experience

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Welcome to From the File, the official blog of Smith Thompson Shaw.

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Real Estate Attorneys | Estate Planning | Smith Thompson Shaw

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Brenda Marsh

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Wendy Henderson

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Carol Armbrister

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Andrea Owens

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Amy Horne

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Lisa Warmack

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Heather Dugener

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Thank You

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Real Estate Resources

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Estate Planning Dictionary

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Meet the Team

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Collection & Bankruptcy Law Resources

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Civil Litigation Resources

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Estate Planning Resources

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Residential and Commercial Closings

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Post Closing Requests

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Title Insurance Quote

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Real Estate Covenant Request

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Closing Staff

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Resources

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Useful Links

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Andrew J. Power

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Mary W. Colón

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Frank S. Shaw III

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Susan S. Thompson

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W. Crit Smith

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Bankruptcy

The collection and bankruptcy attorneys at Smith Thompson Shaw help creditors and debtors manage property and protect assets during bankruptcy proceedings.

The collection and bankruptcy attorneys at Smith Thompson Shaw help creditors and debtors manage property and protect assets during bankruptcy proceedings.

We prosecute and defend all types of collection claims in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases represent debtors in Chapter 7 and 11 proceedings.

Our roles in bankruptcy proceedings include filing proofs of claim, attending creditors meetings, seeking relief from automatic stays, objecting to proposed plans, and objecting to discharge or dischargeability of debtors.

Smith Thompson Shaw’s bankruptcy lawyers Mary W. Colón offers solutions and guidance in all types of collection proceedings – one client at a time.

Call (850) 893-4105 or email us to schedule a consultation.

If you have a question regarding a pending Chapter 7 case for which Mary W. Colón is the appointed chapter 7 trustee, please email your questions to Mary Colon.

In Florida, individuals and married couples may represent themselves in bankruptcy court – file bankruptcy “pro se” – but corporations and other business debtors must be represented by an attorney.

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Health Care Documents and Living Wills

Estate planning can also have a more comprehensive focus on advance medical directives-documents prepared to manage a client’s possible incapacity.

Advance directives include living wills, health care surrogate designations, directives to a physicians and advance directives for mental health matters.

A living will expresses to doctors and others a person’s wishes regarding the use of life-sustaining medical procedures under three conditions in Florida: an end stage condition, a terminal condition and a persistent vegetative state. A living will is not a substitute for heath care surrogate or durable medical power of attorney.

A health care surrogate designation or health care power of attorney is a powerful document that can be used by your the person you name to assist you when you are unable to make your own medical decisions.

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Durable Power of Attorney

A durable power of attorney is a special grant of authority by one person known as the principal, to another person know as the attorney-in-fact or agent.

The “durable” aspect has special treatment under Florida law in the event incapacity (i.e. dementia, Alzheimer’s, etc.), as opposed to a non-durable power of attorney. Through the durable power of attorney, the principal gives the attorney in fact authority to preform certain specified acts or a broad range of affairs on behalf of the principal. Authorized acts may include but are not limited to handling finance, medical affairs, and managing real property. Durable powers of attorney are effective immediately when they are executed, and they always terminate at the principal’s death. Durable powers of attorney are not just forms, they are powerful documents that should be customized to meet each client’s estate plan, goals and family situation.

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Trusts

Testamentary trusts are created under a last will and testament, and become effective after the grantor’s death.

Careful planning for your assets can save you and your heirs from having to “probate your assets” and may save your beneficiaries time, court costs, and attorney’ fees. When leaving gifts to children under eighteen years old, a testamentary trust can be useful in avoiding the cost and burden of a financial guardianship for the child’s share.

A Living trust is different because it becomes during the grantor’s lifetime and has two distinct planning formats:

  1. Revocable trust allow the grantor the rights to revoke the trust after it becomes effective and modify its terms or provisions.
  2. Irrevocable trusts prevent the grantor from revoking the trust after it becomes effective or to modify its terms or provisions. This type of trust is often complex and may require intensive review and professional advice, including CPA’s and tax lawyers.

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Wills

A will is designed to ensure that your property goes to the people you choose, in the manner and time you specify.

A will is not administered until death, in contrast to a trust, which should be funded and administered immediately upon creation. 

A will can designate a guardian for your minor child or children if you have no surviving spouse; name that administrator of your estate; include a beneficiary who would not otherwise inherit under your state’s laws-for example, a parent, sibling, friend or more distant relatives, and may also provide for bequests to not-for-profit and charitable organizations.

Wills also can establish trusts, or arrangements where one person agrees to hold property for the benefit of another, and name trustees for assets passing to minor children.

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Estate Planning

Peace of mind for you and your heirs is the ultimate goal of estate planning. You should work with an attorney who can help you fully achieve your goals.

Smith Thompson Shaw’s estate planning attorneys assist clients in identifying, clarifying and planning their objectives. We draft wills, trusts, powers of attorney. We handle administration of estates in probate proceedings in counties throughout Florida, and offer assistance for family members to navigate court processes efficiently and productively.

Smith Thompson Shaw’s estate planning attorneys will help you fully understand your options and make informed decisions to ensure that your property is distributed according to your wishes.

Wills, trusts and estate planning is highly personal and each case has its unique set of challenges. We provide thoughtful and experienced counsel – one client at a time.

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Real Estate

In today’s challenging real estate market, it is important to work with attorneys who are experienced and knowledgeable about local, state and federal guidelines and real estate regulations.

Smith Thompson Shaw’s extensive residential and commercial real estate practices provide a complete range of services, including contracts, closings, and title insurance. Our real estate attorneys represent individuals, developers, builders, commercial clients, investors, lenders and businesses in all proceedings and transactions that deal with real estate. We regularly handle referrals by other law firms throughout Florida to assist in complex legal real estate issues.

Fully understanding other aspects of real estate transactions in addition to legal work allows us to provide more thorough service. We employ staff members who have worked for lenders, appraisers, mortgage brokers and real estate companies to broaden our knowledge base. We draw on our years of industry experience and technology to manage every real estate case with individual attention.

Title Insurance Services

As a vital component of our real estate transactional practice, our in-house title staff routinely assists clients by examining title searches, preparing title opinions and reviewing the status of title reports. We are underwriters for First American Title Insurance Company, Title Resources Guaranty Company, Fidelity National Title Insurance Group and Attorneys’ Title Insurance Fund.

Development of Real Estate Projects

The firm has a strong history of representing developers and professionals in residential and commercial development. Among our clients are several of the area’s most active developers of real estate projects, including single family housing developments, planned unit developments, residential communities, office condominiums and buildings and residential condominiums.

Foreclosure

We handle numerous loan foreclosures for both residential and commercial properties. Our clients include private investors, public banks, and private financial institutions. Along with prosecuting mortgage foreclosures for our clients, we track the foreclosure process all the way to public auction to ensure that our clients’ financial interests are protected. The firm offers a variety of services for mortgage holders, including collecting delinquent mortgage payments, filing foreclosure actions, bidding at foreclosure sales, and obtaining certificates of title. Moreover, the firm utilizes its attorneys’ knowledge of bankruptcy law to guide creditors through the bankruptcy process. The firm also assists debtors defending foreclosure and obtaining mortgage modifications.

Condominium Law

We represent developers, owners, and associations of both residential and commercial condominiums. We provide a full range of services including formation, government approval if applicable, and sale and transfer upon completion.

Real Estate Closings

Whether buying, selling, or refinancing a home or a commercial property, you need a real estate attorney you can trust. We're trusted with an average of 3,800 transactions each year.

Read About Real Estate Closings

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Civil Litigation

Each Smith Thompson Shaw client benefits from the collective knowledge of our civil litigation lawyers and our exceptional staff.

Smith Thompson Shaw not only has extraordinary experience serving our clients in commercial and residential real estate closings, but we also zealously represent our clients in civil litigation. We handle a variety of real property related civil actions. Specifically, our civil litigation lawyers have significant experience in tax deeds, quiet titles, title claims and defects, business formation and operation, foreclosures, easements, partitions, contract disputes, evictions, and ejectments.

We represent tax deed purchasers seeking to obtain marketable title in order to sell or obtain a mortgage upon their property purchased via a tax deed sale. This process includes the ordering, preparing, and review of a title abstract, as well as a determination of any real property interests that must be extinguished.

We represent tax deed purchasers seeking to quiet title and/or correct a title defect to their real property. Our firm also represents First American Title Insurance Company and Fidelity National Title Insurance Group concerning title claims affecting real property. 

We represent business entities no matter how large or small. Smith Thompson Shaw provides a wide variety of services for corporations and other small business entities, including the formation of limited liability companies, partnerships, and corporations, along with a full range of business venture agreements, contracts, leases and other documents necessary to facilitate the opening and operation of a business.

We both pursue and defend mortgage foreclosure actions whereby we represent commercial and private lenders seeking foreclosure, and help borrowers defend foreclosures and negotiate a short sale. Our firm also represents property owners seeking a recorded easement to obtain legal access to their property and those property owners requesting a partition of their property when a dispute arises with co-owners as to use, maintenance, occupancy, or a sale of their property. 

Lastly, we handle many leasing transactions for developers and landlords of office buildings, apartments, and other commercial properties.  Our firm has extensive experience in representing parties involved in leasing commercial or residential real estate, including representing landlords in eviction claims, ejectments and other legal proceedings to remove a tenant or party that is wrongfully in possession. We can also assist landlords in drafting leases for use in a wide variety of leasehold situations.

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Real Estate Closings

Smith Thompson Shaw’s ALTA Best Practice Certified closing department serves as escrow agent in an average of 3,800 residential and commercial real estate closings each year.

ALTA Best Practice Certified Firm

Smith Thompson Shaw has extensive experience handling residential and commercial closings. The real estate attorneys and experienced staff members at Smith Thompson Shaw are committed to being accessible to you at all times and to keeping you informed about the status of your closing. We provide prompt responses to your questions and requests and we do our best to exceed your expectations. Our real estate clients include realtors, brokers, developers, builders, contractors, private investors, lenders and numerous homeowners.

Closing attorneys are real estate lawyers who are experienced in closing property transactions and resolving any issues before you close. The attorneys at Smith Thompson Shaw will review and explain all the documents that you will be signing at the closing and will ensure that you have clear title to your property.

Commercial Closings

We have served as commercial closing agents on a wide array of projects such as restaurants, office complexes, condominium projects, hotels, apartment complexes and entire residential developments. Our office has also handled numerous transactions for the State of Florida in acquiring real property. Should you have questions about a commercial closing or wish to have our office handle a commercial closing, please contact Susan Thompson or call (850) 893-4105.

Residential Closings

Whether you’re buying or selling a home, your real estate closing attorney is there to make sure that your interests are protected and that everything goes smoothly at your closing. The closing attorneys at Smith Thompson Shaw will review all of the documentation associated with the purchase or sale of property in advance of your closing to remedy any errors, omissions or technical insufficiencies.

A great deal of research is necessary to ensure that, among other things, the title is good, there are no liens against the property and that the transaction will close as anticipated. Smith Thompson Shaw performs its own title searches which allows greater flexibility.

Most closings take approximately an hour. Bring a photo identification and either certified funds or a cashier’s check made payable to Smith Thompson Shaw. You may also need to bring other items required by the lender.

At the closing, we will:

  • Review the HUD-1 Settlement Statement detailing costs and make any necessary adjustments.
  • Your closing attorney will give you concise explanations of each document. The closing documents must be executed as written. No changes may be made to the wording of the lenders' closing loan documents.
  • Review the wood destroying organisms inspection report.
  • Review the survey and explain any issues contained therein.
  • Confirm the disbursement of the proceeds of the transaction and a payoff of all current liens against the property.
  • Record in the county land records all necessary documents such as the warranty deed and mortgage.
  • Return to the lender the completed loan package.
  • Disburse all funds in accordance with the HUD-1 Settlement Statement.

Short Sale

A short sale is a lengthy and complex process intended for lien release and possible cancellation of mortgage debt. 
With 7+ years of experience in the short sale industry, we have vast knowledge of the process and will handle all aspects of short sale facilitation to include document collection and submission of full workout package; weekly servicer follow up to ensure uninterrupted review and processing; review of the short sale agreement, its terms and conditions by our licensed attorneys; closing services and proper delivery of certified closing documents and proceeds to the servicer; post-closing follow up to ensure any pending foreclosure is properly dismissed.
While we cannot guarantee that the loan servicer will agree to accept an offer presented for short sale consideration or promise that you will be considered eligible for available short sale options, we do promise excellent service that you can rely on.

Closing Staff

Smith Thompson Shaw has extensive experience in residential closings. Contact us about our residential real estate closing services.

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Smith Thompson Shaw

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Industry Leader 2

Health Care Documents and Living Wills

Estate planning can also have a more comprehensive focus on advance medical directives-documents prepared to manage a client’s possible incapacity.

Health Care Documents and Living Wills

Durable Power of Attorney

A durable power of attorney is a special grant of authority by one person known as the principal, to another person know as the attorney-in-fact or agent.

Durable Power of Attorney

Trusts

Testamentary trusts are created under a last will and testament, and become effective after the grantor’s death.

Trusts

Wills

A will is designed to ensure that your property goes to the people you choose, in the manner and time you specify.

Wills