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Questions Answered by Jane Kim
1 Answer | Asked in Business Law for Florida on
Q: I dissolved my LLC and my soon to be ex husband had it reinstated. It has my FEI number. How do I get my FEI number off?
Jane Kim
Jane Kim answered on Jan 19, 2022

FEIN is not yours, it is associated with the LLC. As an example, whenever informational income tax return is filed by the LLC, this number is used. I assume the reinstatement does not list you as an officer of the LLC, and all other business operations do not list you as a member of the LLC.... Read more »

1 Answer | Asked in Business Law for Florida on
Q: under Chapte 485.003 paragraph (4) "Qualified person" what credentials are accepted? I have a AAS in Health Science

1)I'm looking into 2 Institutes at the moment to study hypnotherapy. I'm trying to confirm that upon completing the course and obtaining a certificate in Clinical hypnotherapy. Along with my AAS in Health Science and being a EKG Tech/Phlebotomist and 10 years plus experience in customer... Read more »

Jane Kim
Jane Kim answered on Jan 18, 2022

If you obtained a license or a certificate, you are deemed qualified to work in that profession, whatever that profession might be.

You should direct any professional licensing questions to the relevant governing board, probably at the FDBPR.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.

I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »

Jane Kim
Jane Kim answered on Jan 15, 2022

It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Jane Kim
Jane Kim answered on Jan 12, 2022

The court would not advise like that, cannot imagine that sort of language coming from the court (whatever the "court" means). And you won't be able to do a deed because your spouse can no longer sign it (deceased). You must register the death certificate in the county where the home... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the best way to gift a property?

My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?

Jane Kim
Jane Kim answered on Jan 12, 2022

There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Adding someone to the Deed or creating a Cohabitation Agreement?

I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:

1. There is a mortgage on the home with an escrow account. Is... Read more »

Jane Kim
Jane Kim answered on Jan 6, 2022

These are all good questions.

Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Is there a legal document we can both sign obligating us to pay by a certain date or be in breach of contract and sued?

Me and my mother are estranged. We own a house together that we are currently selling. There is a credit card that is in both of our names for $7000. Each of us wants it payed 50%/50%. My mother doesn't trust me to pay my half so she wants to hold up the closing. She wants me to credit half to... Read more »

Jane Kim
Jane Kim answered on Dec 31, 2021

Of course, you can agree to anything you want and both of you sign. You can even write it on a napkin.

In the alternative, you can hire a lawyer to draft an agreement that will also reflect your intent.

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband and I paid off our homes prior to marriage. How do we add our son to each deed without adding each other?

E.g. FL Gen Warranty Deed: my name/grantor, son/grantee, $?, etc. So new deed would read me and/or son so it's easier for son to inherent when I'm deceased...? Then we do the same with husband's deed so husband and/or son owns property together. As both husband and wife want to... Read more »

Jane Kim
Jane Kim answered on Dec 29, 2021

The simplest way is Quitclaim deeds. But if these are single family homes, I'd highly recommend warranty deeds and paying for title insurance. Otherwise, your quitclaim deeds will invalidate title insurance you have today. And title insurance is important in FL. Boundary disputes, for... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: My mom died on June 17 I’m staying in her house. I have been paying the mortgage on time her husband was alive he passe

her husband was alive

he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom.... Read more »

Jane Kim
Jane Kim answered on Dec 27, 2021

It is not a real estate question. You need to hire a probate attorney specializing in litigation. Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I co-own a house In Duval county with an EX from years ago. I was barely 18 when the house was closed on in 2007, and

mortgage lenders were handing out loans to anyone who asked for one. I moved to Michigan in 2009. *I am on the deed*. The house is listed in both of our names and therefore is affecting my credit and debt to income ratio. This person made many severely late payments (90 days+) and was delinquent... Read more »

Jane Kim
Jane Kim answered on Dec 25, 2021

It is important to know whether you are also on a deed. If yes, then you own the home. You can ask the co-owner to sell the property. In today's market, it will likely cover the mortgage, and you will have net proceeds to split. If s/he refuses, then you can force a sale but it will require... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Have a notarized contract on a property that was given to me back in 2019

The contract states that I would pay all back due mortage which we did

House was not livable so we have for last 2 years been renovating the property , we have invested a large sum and mortage payments have been made directly to the mortage co

The contract also states that he would... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

It sounds like you are being treated as a tenant. You'll need to file suit called Declaratory Action to ascertain your rights under this "mortgage." Was your mortgage recorded? Do you know if there are any other liens filed against the property? Do you know if it was sold to a good... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

Try these people- https://www.clsmf.org

I am not sure if they handle your type of issue, but this is a legal aid clinic and maybe they can refer you to someone.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Small claims court worth it. My mother lost her septic drain field 2 days after tree care co. removed a tree next i

They were informed of the septic drain field. 2 days later septic backed up into house. I had the septic tank pumped. The water was flowing back from the drain field indicating a possible collapse. I called the tree company & requested that they come out and look at the site. They never... Read more »

Jane Kim
Jane Kim answered on Dec 19, 2021

Small Claims court system is designed for people without lawyers. There is a filing fee, otherwise you have no risk, but your time.

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1 Answer | Asked in Small Claims for Florida on
Q: I had stone countertops installed. The contractor broke the piece by the sink. Also chips in the top. Do I pay balance?

The stone yard is requesting full payment but will not come out to inspect the install. Do I pay balance or withhold til the counters are installed properly? Yes a contract was signed

Jane Kim
Jane Kim answered on Dec 19, 2021

There is no legal answer to this that would tell you most definitely one way or another. Of course, your contract may provide some guidance. I would try to withhold payment until they do it right. However, even if your home is homesteaded, they can still put a lien for the balance. You can try... Read more »

2 Answers | Asked in Business Law for Florida on
Q: If I want to put Flogrown on my website to let people know it is a Florida business. How can I do that legally.

Flogrown is trademarked.

Jane Kim
Jane Kim answered on Dec 19, 2021

No idea what Flogrown is associated with, but it certainly does not connote "a Florida business." There are many other ways of indicating that.

And I cannot imagine Flogrown's owner allowing anyone else to use the word, not even for a fee. The entire premise of trademark is...
Read more »

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3 Answers | Asked in Contracts, Family Law, Banking and International Law for Florida on
Q: Bank account in Canada not honoring my contract.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

Jane Kim
Jane Kim answered on Dec 18, 2021

Why are you posting it under FL if the issue is in Canada? FL lawyers are not licensed in Canada.

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2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
Jane Kim answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: What is my responsibility as the seller to property's HOA agreement to mediate?

I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... Read more »

Jane Kim
Jane Kim answered on Dec 15, 2021

Typically, HOA receives a copy of the sale and purchase contract prior to closing in order to respond with a letter confirming if there are any outstanding dues do and if there are any special assessments, etc. and to do a credit check on the new owners. Therefore, the HOA must have been on notice.

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1 Answer | Asked in Real Estate Law for Florida on
Q: satisfaction of mtg not recorded. Demanding more money after she was paid. Reason due to argument with my son.

What can I do.

Jane Kim
Jane Kim answered on Dec 15, 2021

I am not sure who extended the mortgage to you in the first place, which would make a difference. If this person is the mortgagee, then you'd need to file a Declaratory Action in court asking the court to determine your rights under the mortgage. Hopefully, you had a sale and purchase... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: I have a summons (Civil suit for debt under $8,000) and a 'Case Management Order' What can I do?

Actually my daughter and son-in-law are the plaintiff. They have verifiable mitigating circumstance and significant loss of income due to medical issues. Family is 2 adults and 2 children..... I just do not know enough to know what needs to be done to respond. They have a court date of 12/30. They... Read more »

Jane Kim
Jane Kim answered on Dec 15, 2021

This is in Small Claims Court, which is designed for people without lawyers. The process is simpler than in any other court. They should definitely appear on the date scheduled, they will be advised to file a written answer, there will be mediation between the parties and a small trial later, if... Read more »

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