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Questions Answered by Jane Kim
2 Answers | Asked in Real Estate Law for Florida on
Q: We paid a special assessment to our HOA in full. We then sold our unit prior to the completion of the project.

The final price of the project was $6,700-per-unit less than the assessed amount.

The HOA refunded this amount to the current owners, not to the parties that actually paid the assessment.

Legally, this does not seem right.

Are we, the party who actually paid the... Read more »

Jane Kim
Jane Kim
answered on May 2, 2022

The owner at the time of the refund receives the refund.

You sold the unit and no longer have a claim to anything related to the unit.

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1 Answer | Asked in Business Law for Florida on
Q: What is the exact meaning of "Final Judgment of no liability" in a proposed judgment. Court is in Florida.
Jane Kim
Jane Kim
answered on Apr 30, 2022

It means exactly what is says- no liability (in a lay person wording- not guilty).

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: Instead of buying a property with a closing can I just transfer the ownership of the LLC which owns the property?

The property is located in Florida, currently owned by a Florida LLC with one member. The property has no mortgage or liens. I would be 'owner financing' it with the current owner to avoid closing costs and a taxable value increase.

Jane Kim
Jane Kim
answered on Apr 26, 2022

I totally agree with Mr. Thorgaard's response.

In addition, you are going to acquire title to the property and finance your own self? That's confusing.

But you can dispose of all the formalities and accept the nature of the high-risk transaction by using a quitclaim...
Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim
answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

1 Answer | Asked in Real Estate Law for Florida on
Q: How a widow can renew the home excemption if she is not in the title?

to renew the home excemtion a widow who live at her just dead husband house she married him with a prenup and he left a Will leaving the house to his lgrandchildren after she die. Now she has to renew the home extension but the title is under her husband who is dead

What she should do... Read more »

Jane Kim
Jane Kim
answered on Apr 16, 2022

Ask the county for the right form. They may request a copy of the Will.

1 Answer | Asked in Employment Law for Florida on
Q: Can an employing company sue you for damages if you are behind in your work as a reconciliation processor and resign?

I started working in reconciliation/accounting/finance about 1 year ago. About 6 months in, work started piling up due to a combination of other coworkers resigning and being designated as their backups, as well as the stress affecting my health. I slowly fell more and more behind in my... Read more »

Jane Kim
Jane Kim
answered on Apr 14, 2022

I am not an employment lawyer, but No, they must pay you for the time you work. If they do not like your work, they can always terminate you. They cannot sue you for damages for unsatisfactory or incomplete work, unless it is something criminal or fraud.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: When filing for an LLC is there a way to keep legal name private from public record?

I will be working under and doing business under a pen name and would like to keep my legal name as private as possible (I know there are limits to this) to separate this business from personal life. When filing for an LLC I understand that you can protect your address with a registered agent but... Read more »

Jane Kim
Jane Kim
answered on Apr 14, 2022

You can use series LLC, which would have to be registered in another state (FL does not have such a thing), then you register a business in FL. If you only register in FL, your name will have to be listed as an officer, but in other states it is not the same requirement.

Good luck.

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2 Answers | Asked in Collections for Florida on
Q: I recieved a writ of garnishment letter on 4/11 from my employer but I never received anything from the courts .

I have lived in Florida for the past 4 years and this garnishment is from a court in Ohio, where I used to live. Don't I have to get something from the courts so I can answer to this .

Jane Kim
Jane Kim
answered on Apr 12, 2022

You should repost this under OH where the case is.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: letter to impose a claim against my security deposit still in mail. Does 15 days start from time they sent it?

Letter was sent more than 15 days ago according to tracking number. I'm supposed to respond to the landlord's letter within 15 days

Jane Kim
Jane Kim
answered on Apr 7, 2022

From the date you receive it.

2 Answers | Asked in Real Estate Law for Florida on
Q: Noticed a change to our HOA balance sheet. Can an asset on the balance sheet be liminated without any discussion or vote

In 2009 the HOA obtained a court ordered judgement again a homeowner. The HOA showed it on the balance sheet ever since as an uncollected asset (in part as a reminder it would be in the estoppel when the house was sold). That is until this Feb when the "new progressive" board removed it... Read more »

Jane Kim
Jane Kim
answered on Apr 7, 2022

You do not need a vote on what an accountant determines to be a proper accounting practice. They probably wrote it off as bad debt. Maybe they believe that the bad debt keeps the home from being marketable. Or, if they collect that amount in the future, it will be added to the receivables.... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: If my husband, son (29 yrs old) and I bought a house 15 months ago in Bonita Springs. All three names are on the title

because we paid cash and our son contributed to the purchase. We did it this way because he couldn't qualify for a mortgage because he wasn't working. We have decided to sell the condo and have him move back home until he gets medical treatment for severe anxiety. If we sell and realize... Read more »

Jane Kim
Jane Kim
answered on Apr 7, 2022

It is a question for an accountant how to allocate your income from this house.

There may be ways to allocate the entire profit to your son who may have a lower income tax burden than you.

Or not claim it as income at all within the first two years of sale because you should be...
Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I received my real estate license and would like to create an express trust instead of an LLC, is that legal in FL?
Jane Kim
Jane Kim
answered on Apr 4, 2022

Why? And all "express trust" means is that it is some sort of a trust that is in writing. A trust (e.g., revocable living trust) is used as part of an estate planning, and it has nothing to do with running a business. Business proceeds (profit) may become part of the trust, but a trust is... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: I am planning to make an offer on a house listed for sale that had a court ruled foreclosure several weeks ago.

the history of the property has foreclosure final date of early march with auction scheduled for late june. The court docs state a bank lien is placed on the property. Is this house technically in foreclosure or preforeclosure? This is not listed as a "special sale" on MLS. Are the... Read more »

Jane Kim
Jane Kim
answered on Mar 31, 2022

You’d obviously be buying it subject to foreclosure. If auction is scheduled then there’s already a judgment in the bank’s favor. You can have a lawyer review the documents to advise you what the required purchase price would have to be to acquire ownership, and it would have to be done with... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Hi, I'm about to sell my home in Florida. I have a question about the capital gains tax exemption.

My understanding is that you have to have been living in the house for at least two years to qualify for this exemption. My question is, the two years have to be from the closing date (when I bought the home) to the selling closing date? Or from the buying closing date to when I started the process... Read more »

Jane Kim
Jane Kim
answered on Mar 29, 2022

This is a question for your accountant.

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: I have a mold infestation since October along with many other issues. I want to sue, they have been sued before for same

The company is Dasmen Residential and they have not done anything to cure the mold infestation that is constantly gradually getting worse everyday. Can I bring a lawsuit against them for inhumane conditions?

Jane Kim
Jane Kim
answered on Mar 28, 2022

You should contact a lawyer directly. Lawyers aren’t showed to solicit your business.

Good luck.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: What constitutes "purchase price" or "amount realized" when dealing with FIRPTA real estate transactions?

I am considering buying a house from a foreign seller with a 300k purchase price. The issue is the seller wants the buyer to cover realtor commissions, title insurance and prorated tax which amount to 18k (costs normally covered by seller). The sellers goal is to net 300k. I am concerned with being... Read more »

Jane Kim
Jane Kim
answered on Mar 24, 2022

You should repost this under Tax law, or contact your accountant.

Thank you.

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: unsecured 2nd mortgage that is over 10 years old in Florida does statute of limitations apply
Jane Kim
Jane Kim
answered on Mar 22, 2022

"unsecured 2nd mortgage" is a legal impossibility.

Statute of limitations as to default? Every missed payment triggers its own default and its own statute of limitations.

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1 Answer | Asked in Real Estate Law for Florida on
Q: We bought a home in November 2021. The inspector missed a big problem with our plumbing. Can they be held responsible?

Our sewage lines are held up by boards. I feel like they should have caught and addressed this problem. They have to now be replaced so that we can use our toilet.

Jane Kim
Jane Kim
answered on Mar 21, 2022

You may have a negligence claim. But you'd need to read your agreement with the inspection company as well.

If you could not use your toilet since you moved in, maybe it is a material defect that should have been disclosed by the seller as well.

Good luck.

2 Answers | Asked in Civil Litigation for Florida on
Q: Had someone call me saying they had a civil lawsuit against me and gave me a case number. Is this fake?

First guy said he was a processor and gave me a number to call with case number. I look up the case number for my county and that case number doesn’t exist

Jane Kim
Jane Kim
answered on Mar 21, 2022

An odd way of letting you know about it, but you can double check online yourself.

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2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Jane Kim
Jane Kim
answered on Mar 18, 2022

Pay them only with a proper release, you should have a lawyer draft it.

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