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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2023

Yes, that would work. Record the executed deed with the county clerk's office.

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2023

I believe the term you're looking for is "nulo contendre". It is "law Latin", meaning "no contest"; essentially the same as a plea of guilty. But if the charges were dropped, it doesn't make sense that you would have entered such a plea.

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1 Answer | Asked in Domestic Violence for Florida on
Q: Is the granting of a TRO (Temporary Restraining Order) or Temporary Injunction considered “Affirmative Relief”?

Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?

Or is a TRO a different type / category of relief?

(The Final Hearing has been continued / delayed to allow Discovery.)

Even though it is a TRO... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

Why do you ask: "considered affirmative relief" for what purpose?

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it customary for a Buyer to sign a Warranty Deed to the Seller for a property purchase?

I'm in the process of buying a land plot. And the Seller is requesting that I sign a Warranty Deed to him in the event of a default. But the Warranty Deed doesn't include any language about it only being valid in the event of a default. Should the Real Estate Agreement, which specifies... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

No, don't sign the warranty deed. And the agreement probably is not adequate either. A mortgage note secured by a mortgage is the proper way of doing this. You need to consult with an attorney.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
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3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Or, if you are the grantee, simply notify the post office of a change in address. You should probably also notify the tax collector.

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1 Answer | Asked in Uncategorized for Louisiana on
Q: Regarding RS 32:384. What to expect after someone hit me from behind while I pushing another vehicle?Thank you.

State trooper cited me for unlawful towing & the driver that hit me was cited for carless operation. No injuries for anyone involved. Court date is March 22 in St. Charles Parish. Accident occurred on I-10 east bound in Louisiana.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Why are you asking this in Justia > Ask a Lawyer > Florida? It seems to be clearly a matter of Louisiana law.

1 Answer | Asked in Contracts for Florida on
Q: Florida Employer seeking repayment for school tuition paid to employee with no signed contract or agreement

I have been employed with this employer for 8 years, and recently went back to school and graduated within that time period, which my employer paid for. There was verbal discussions about repayment with nothing specific ever discussed or agreed to verbally and no contracts were drafted or signed.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

It is doubtful that your employer would be able to recover, should it sue you. You might want to ask if they have anything in writing.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2023

Probably four years. See Florida Statute 95.11(3)(f). But you have cited the wrong statute; there is no Florida Statute 720.350. You really need to consult with an attorney for this.

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1 Answer | Asked in Small Claims for Florida on
Q: I have a small c. court in Orange Cty. The sheriff was not able to serve the plaintiff and we have a new addrs in Tampa.

How do I proceed now? Do I need to file a new request with the new address to the Sheriff? Can they serve someone in Tampa?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

You would ask the Hillsborough County Sheriff to serve the summons.

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Is it safe to give Stripe your Social security Number? Do I have to Pay taxes if I make no revenue?

Is it safe to give Stripe your Social security Number? In order for me to create an account with Stripe, I need to give it the last four digits of my ssn.

Back story I'm a minor wanting to start a business in Florida where you pick up dog poop from peoples' yards. I created a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

Florida doesn't have income taxes. The U.S. government does. I suggest you go to irs.gov, download a form 1040, and the instructions for that form. After reviewing those documents, you should have a better idea of how income tax works.

And no, if you make no money at all, you...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: i was told the statute of limitations was 2 yrs. for filing reguarless if i was in carcerated
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

You were told the wrong limitations period. It is four years for negligence.

1 Answer | Asked in Probate for Puerto Rico on
Q: My dad passed away in Puerto Rico in August 2022. My uncle called me and said that my dad had a open bank account.

My dad didn't have a will but my uncle said that he notified the bank that my dad had 2 kids and no wife and that he would like the money to be given to us both equally. I live in Florida.

Now I lost communication with my uncle and he didn't give me the name of the bank or account... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

It appears that you need to contact an attorney in Puerto Rico. Your question has nothing to do with Florida law.

1 Answer | Asked in Medical Malpractice for Florida on
Q: malpractice suit incarcerated same day i found out i could not use my hand. didnt get to file suit i was unable to do so

broken wrist /cast came off hand deformed cant use it im a guitar musician for a living. that was 2020 im out now can i proceed since i was not able to file till now ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

Sure, you could file a lawsuit now; why do you ask?

1 Answer | Asked in Small Claims for Florida on
Q: Can Defendant in Small Claims case change the scope of Plaintiff's complaint at the hearing?

I filed a Small Claims suit against my ex to pay half of shared $8,000 debt as specified in our divorce settlement. Ex has grievances on issues including child care and holidays, also specified in the divorce decree, and has engaged an attorney to represent her at Small Claims court. Can they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

All of these issues should be addressed in the divorce case. The small claims case should be dismissed.

1 Answer | Asked in Divorce for Florida on
Q: In floridia how do i get my ex wife to give me her yearly income. Alimony cuts off at a certian point
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 17, 2023

I'm guessing you want to know how much she makes a year, not for her to actually pay it to you. You engage in discovery by serving her with a request for production or interrogatories, or scheduling her deposition.

2 Answers | Asked in Personal Injury for Florida on
Q: A contractor, hired by developer who built my home, injured me, the homeowner. Who is liable for my medical expenses?

The accident occurred due to negligence on their part. I had to go to the ER and get tests done. The person than handles billing at the hospital recommended we put the company’s name as the payer, and to not put my insurance on file, so they wouldn’t go after that. She said we’ll get a bill... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 16, 2023

Notify your insurance carrier immediately. When you get the bill, I suggest you send a copy to your insurance carrier and suggest that they demand payment by the contractor.

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: What can I do with a dog I cannot afford that has paperwork that my mother bought without asking if it was okay?

My mother decided to take it upon herself to buy a purebred Great Pyrenees (huge dog) and ship it to my house for my family. The dogs papers have my moms name on it and a lot of agreements, one which is to never give the animal to a rescue. I cannot afford this animal at all and when I told my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 16, 2023

You are not a party to the contract with the seller which your mother signed. Thus, you are not bound by the terms of the contract and don't owe whatever your mother may still owe. And she gave it to you; it's yours to do with as you please.

1 Answer | Asked in Family Law for Florida on
Q: The last correspondence from my atty was 2 months ago. What do I do?

The paralegal emailed me two months ago that she was going to get approval to file a motion. Nothing was filed. No response to several follow up emails sent, and I left a voicemail almost two weeks ago, no response. Then I emailed the actual attorney informing them of all of the emails and the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 15, 2023

Hire another attorney.

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