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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Real Estate Law for Florida on
Q: Does neighbor have the right to come on my side of property line fence to trim my grass alongside the fence?

My neighbor owns the fence on the property line between our yards. I just discovered his lawn service has been coming on my side to mow and trim the fence. They have scalped all of my grass along the fence. I asked him nicely to tell them to stay off my property and leave the trimming to me. He... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 13, 2021

No, he and his lawn service provider don't have the right to trespass on your property.

1 Answer | Asked in Real Estate Law for Florida on
Q: can i go to court and force a sale on a property that my siblings and i inherited because only 1 is benefitting?

three years ago my older sister, my younger brother and i all inherited my grandpas condo, for the last three years my brother and i have been wanting to sell because my sister moved in and is living completely free in there while my brother and i aren’t benefiting at all, what should we do? is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 13, 2021

Sue your siblings for a "partition" (judicial sale).

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Real Estate Law for Florida on
Q: A builder took possession of my land to build a house that never was built. He still owns my land and plans to sell it.

Can I get an injunction to stop him selling it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

It looks like you might want to consult with an attorney about filing a lawsuit against the builder. If you do so, normally a lis pendens would be recorded at the same time, in lieu of an injunction.

1 Answer | Asked in Child Support for Florida on
Q: my children are now grown, my ex was ordered to pay child support to the courts but never paid a dime,

can I or my kids sue him now for the support they are owed but was never paid

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 10, 2021

Probably not; you should have filed a motion with the court back then.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How do you go about finding pieces of property that are in disrepair or undeveloped and fix up and aquire it free
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 9, 2021

If you are asking about "squatting" (occupying property knowing it's not yours), you can't acquire title to it free of charge.

1 Answer | Asked in Real Estate Law for Florida on
Q: What happens if a mortgage owner tries to sell a home, but has not paid off the mortgage to the original owner?

I am the original owner and would like to know if I need to take any actions.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 9, 2021

The potential buyer would acquire the property subject to your mortgage; thus it would not normally be a smart move on that person's part because their interest could be "under water" (meaning that they would owe on their second mortgage but without any equity). And, of your... Read more »

3 Answers | Asked in Divorce for Florida on
Q: Am I able to put all divorce attorneys in my area on retainer?

If so, does the retainer mean that lawyer/firm cannot represent my spouse? Assuming there are ~30 divorce attorneys in my area and I paid a $5,000-$10,000 retainer to each would this insure they could not represent my spouse?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 9, 2021

Also, (aside from the dissipation of assets problem to which Ms. Augen refers), if you have that kind of money to burn, your spouse could simply retain an attorney from another part of the state. It might be more expensive, but apparently that would not be a problem.

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1 Answer | Asked in Uncategorized for Florida on
Q: To whom does the Annual Certificate of Compliance with Conflict of Interest Policy have to be submitted?

This is in reference to Florida Statute 496.4055

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2021

Look at Florida Statute 496.404 (7):

"(7) “Department” means the Department of Agriculture and Consumer Services."

1 Answer | Asked in Real Estate Law for Florida on
Q: I sold a home to a buyer by balloon mortgage. Buyer stopped payments for about 2 months now and cut contact. What next?

In the state of FL. I have tried calling and texting, but have gotten no response. It looks like the home has been listed for sale and I am sure of what to do next.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2021

You get an attorney to file suit to foreclose your mortgage.

1 Answer | Asked in Real Estate Law for Florida on
Q: Washer/dryer with home purchase

Hi purchasing home in FL. Asked our agent about the washer/dryer , she stated the seller didn't want to leave them which she stated she would take care of the washer and dryer. Message the our agent yesterday because we were closing and she stated she made the comment to close the deal because... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

They are personal property and, as such, belong to the seller unless the contract provides otherwise. If, when you looked at the house you saw the seller's clothes in the closet, would you expect to get the clothes? Same idea.

1 Answer | Asked in Child Custody for Florida on
Q: My son grandma has concurrent custody of him but she does nothing for him I his mother do it all so can I take him and m
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

If the grandmother was awarded "concurrent" custody, you will need to go back to court and get that court order modified.

1 Answer | Asked in Education Law and Family Law for Florida on
Q: Can I move out at 18 to do I need to graduate High School first?

My name is and I have a couple questions regarding my current and future living situation. I will be 18 soon but will still be a senior in high school, can I leave my parents house when I turn 18, or would I have to wait until I graduate to move out. My parents are both mentally and physically... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

When you turn 18 you will be an adult, and therefore able to move out whether or not you are still in school.

1 Answer | Asked in Consumer Law and Education Law for Florida on
Q: was the exam for MFT in NJ for 1988 considered a national or state exam

i am applying for fl license as a MFT and they are not sure if the exam was a state or national exam. Please help!!!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

I have no idea what MFT means. If you took it in New Jersey, I would guess you should ask you question in Justia > Ask a Lawyer > New Jersey. If you mean "Marriage and Family Therapist"(https://en.wikipedia.org/wiki/Family_therapy#Licensing_and_degrees), it would be a state exam.

1 Answer | Asked in Family Law for Florida on
Q: Is it a violation of injunction/no contact if you call your child with cellphone provided by the other parent?

I have a protective injunction with no contact in place against my ex husband. I provided our 15 year old with a cell phone. She is the authorized user and the number/line is in her name. Her father believes it is a violation trap of the injunction for him to call her on the phone as I pay for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2021

If the injunction provides that he is not to call you, it could be read to mean that he is not to call any phone in your home. So technically, he may be correct. But it is hard to imagine he could get in trouble unless you were to answer your daughter's phone; otherwise who is going to make... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: There was no evidence of texts supposedly sent, yet the judge accepted them and took their word over lack of evidence??

So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2021

If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text,... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I had sex with a minor, will I still be charged if we're now married? See details for more information.

I was 21 and she was 16 at that time, we got married in 2008 and have been married ever since. We live in Florida also.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 31, 2021

You appear to be protected by the statute of limitations. See Florida Statute 775.15, which you might want to review at:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: What circumstance is statute 943.0435.13a given in the state of Fl for sex offenders and could charges be dismissed ?"

What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

The statute speaks for itself:

"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If I'm on pretrial release and I have an emergency eviction notice, can I move to a new address and immediately inform

My Attorney and pretrial officer without fear of violating pretrial orders

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

It is unclear what you mean by "an emergency eviction notice". Normally a tenant is given at least 15 days notice before the tenant can be taken to court to be evicted. At any rate, you should get enough advance notice to let your attorney and the "pretrial officer" know about the situation.

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