Florida Questions & Answers

Q: trying to find out what type of papers i need my x girlfriend and i are about to start court soon.

1 Answer | Asked in Child Custody for Florida on Jul 8, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
What type of case is it? Have you agreed on everything or is there just one issue that you cannot agree upon? Is this a divorce or a paternity case? You can find many forms for family law matters at flcourts.org.

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Q: I received primary custody of our 3 yr old in Fla but the father took her back to S. Carolina during his visit and will

1 Answer | Asked in Child Custody for Florida on Jul 9, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
You need to get to an attorney for advice. Basically, you have to get a pickup order entered and then take it and record it in SC and then get it enforced.

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Q: My son was born in Okc. I moved to Florida & his father came later. His father is now back in Okc, where do I file at?

1 Answer | Asked in Family Law for Florida on Jan 11, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Where do you file what? If the child resides in FL for at least 6 months, it is the home state of the child and any paternity action, if that is what you are talking about, should be filed here.

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Q: So,hypothetically speaking, which court would the United States Corporation,dba US Fed Gov, file bankruptcy??

1 Answer | Asked in Bankruptcy for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Hypothetical questions can be debated, not answered on a public forum like this. The debtor has to file bankruptcy where they reside for the last 180 days. Where would that be? Washington,DC?

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Q: My son in law rented a room from a 21 one year old young man and he went to jail for petty theft and the aunt is giving

1 Answer | Asked in Landlord - Tenant for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Which "he" went to jail? More facts are needed, but the best thing to do is probably see an attorney immediately.

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Q: In Tampa Electric Co v Nashville Coal Co. (1961) was Tom Campbell Clark the judge?

1 Answer | Asked in Antitrust for Florida on Apr 7, 2013

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
I would have to look it up in the law library if it was a reported case to be able to answer your question.

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Q: My son charged with DUI in Mississippi, First DUI age 21He has a Florida Drivers License as he goes to college at SMU.

1 Answer | Asked in DUI / DWI for Florida on Sep 17, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Your question is centered on "if". If the license is suspended in MS, it will be suspended in FL too. Once he has dealt with the dui in MS, then he should find out from the FL DMV what he needs to do.

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Q: my boyfriend lost his license 20 yrs ago from a dui how does he go about getting them again in florida?

1 Answer | Asked in DUI / DWI for Florida on Oct 24, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
First of all, he should figure out what needs to be done in the other state and get that done.

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Q: Property has been foreclosed on by 1st mortgage what rights does the second mortgage holder have? can they still collect

1 Answer | Asked in Foreclosure for Florida on Jul 7, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
The second mortgage was wiped off the slate as far as being a lien on the property, but they can still sue to try to collect upon it if payments are not made. Depending upon your circumstances, you might be able to file a bankruptcy to get all of that debt off of your shoulders.

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Q: i was not paid in full for new construction home. owners of loan were given a loan because they stated they were lawyers

1 Answer | Asked in Foreclosure for Florida on Aug 6, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Not sure of the factual scenario here or what you are asking, I cannot answer without knowing a lot more facts.

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Q: BOA(CountryWide) is motioning to reschedule a sales date. Can final judgement be dismissed if it was obtained illegally?

1 Answer | Asked in Foreclosure for Florida on Aug 9, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
You have to raise affirmative defenses when a case is filed, along with an answer to the complaint. You needed to hire an attorney then. If there has been a sale already set, that means to me that there is already a final judgment. You usually cannot go in and prove now that this was a robo sign case, it is too late for that, but there might be other things which can get the judgment set aside in order to do this. I just do not know enough about what has happened so far. Did you file a...

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Q: How long after receiving foreclosure notice do I have vacate the home

1 Answer | Asked in Foreclosure for Florida on Aug 11, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
I have to see that foreclosure notice before I can answer this question, but basically the clerk cannot issue a certificate of title until the 11th day after the foreclosure sale. I do not know what notice you might have received, and there are many different ones that it could be.

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Q: How long after the date of the demand letter before your house is forclosed on?

1 Answer | Asked in Foreclosure for Florida on Aug 12, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
There is no standard time anymore. It used to be like 3 or 4 months for them to get the foreclosure filed, but now it can be a few years, who knows? I just tried a case last June that was filed in 2009. It depends upon many factors. That demand letter you received has become a very, very important issue in mortgage foreclosures. Keep it. It is probably what is known as an acceleration letter and the law is very strict regarding these. When they do foreclose, if you cannot work out some sort of...

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Q: If a home goes into foreclosure that is not your primary residence, can they seize your current primary residence?

1 Answer | Asked in Foreclosure for Florida on Oct 29, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Is the home you live in now designated as your homestead? I probably have many more questions for you to answer before I can answer your question, but basically the homestead is sacred property in FL and no they cannot seize it if they are outside creditors.

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Q: My daughter is a single parent in Florida whom receives child support from biological father who lives in new York.

2 Answers | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
You can file a petition for temporary custody by extended family, but you need the father's consent. If you do not have his consent, then you have to prove by clear and convincing evidence that he is unfit. The best thing for you to do is to go talk to a family lawyer in your area about this.

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Q: If a father of a child gets married can he get full custody of my child just because he has gotten married

1 Answer | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
This is confusing. Who is it that got married? Getting married is not a substantial change in circumstances which would warrant a modification of an existing order, standing alone. There are certainly more facts, and we would need to review all pleadings in order to answer your question fully. Get counsel on your side.

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Q: If im on child support now but I am not menally incompetent and do not work do i have to still pay child support

1 Answer | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
What you can do is probably file a petition for modification now that you have been found to be incapacitated. The best thing to do is go see an attorney about this and find out what your options are in a face to face open discussion of the issues. If you cannot work because of your mental disability, you should apply for social security benefits if you can qualify. Unless and until there is a modification of the child support order, you must pay the child support.

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