Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jane Kim
1 Answer | Asked in Real Estate Law for Florida on
Q: I just need to add my wife name to the deed of my house that t own freely. What form do I need? I live in FL. Thanks
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

A quitclaim deed does that then record it in the county where the house is located.

1 Answer | Asked in Real Estate Law for Florida on
Q: I recently purchased 10 acres, now the surveyor is telling me that it is probably 3 or so. What legal rights do I have?

The purchase was 10+/- acres. Looked at the property with the realtor and looked at pictures and information they gave me. Purchased the property, received the deed, and started the survey and the survey shows about 3.5 this was 2 plots, now just 1. What do I do? What are my legal rights?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

It depends how you acquired title by way of what type of a deed?

Did you do a title search prior to closing? It does not sound like it. That means you acquired the property through a quitclaim deed. You may have claims against both the seller and the realtor.

Good luck

2 Answers | Asked in Real Estate Law for Florida on
Q: I have a mortgage loan question

Someone did a balloon mortgage loan so I wouldn’t lose my house for 30,000 for 2 years I paid interest now it is time to pay the 30,000 I don’t have it could I lose my house?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

I am not sure what "someone" means because it must be the owner of the home obtaining the mortgage. Are you the tenant? In any event, of course, whoever holds the balloon mortgage can foreclose on the home. You have to refinance the note to avoid the ballon payment.

Good luck.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: We have paid off a mortgage to private investor. It is now been 6 months and no Satisfaction of Mortgage.

Checked with Pinellas County Clerk - they have no record of Satisfaction.

P

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2023

That sounds frustrating. If it is in fact accurate that the mortgage has been paid off, then the lender's continued mortgage against the property constitutes slander of title.

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: What can I do?

I keep getting calls from some business stating I have a civil case. They know my address. They keep asking for the last 4 of my ssn and I’m not giving them that information. They keep talking about a judge and civil claims… how can I find out if there’s any civil proceedings against me in... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

Nobody calls asking for social security numbers if there is, in fact, a civil case filed against you.

You'd be served with a lawsuit by a process server, that's in person.

You can go to the county clerk's website and do a public search.

I'd block their calls.

View More Answers

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Employment Law, Business Law and Construction Law for Florida on
Q: Can we recoup damages?

We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.

Good luck.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: My estate attorney has prepared my last will and testament in Louisiana. Is that valid in Puerto Rico?

My legal will in Louisiana includes property in Puerto Rico. MY will clearly states who that property should be transferred to in case of my passing away. The person is not related to me by blood. I have no blood relatives except for a daughter of an adopted niece - my niece having passed away. Is... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023

Yes, as long as it is a valid will in LA where it was prepared and signed.

4 Answers | Asked in Employment Law, Civil Litigation and Legal Malpractice for Florida on
Q: When there is a civil issue regarding an issue where multiple states are involved, where do I go to get a lawyer?

An ethics board has leveled disciplinary action against an individual. This individual would like to appeal with the help of a lawyer. The individual lives in one state, the company that brought ethics charges are located in another state and the ethics board is in still another state. In what... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

This is a good question. A lawyer licensed in any state would work, this is not in court where a license is required. But to narrow down your search I'd look for a lawyer in the state where you are or where the grievance board is located. This happened to one of my clients who lived in CA, I... View More

View More Answers

1 Answer | Asked in Business Law for Florida on
Q: My business is Off The Leash Academy, I’ve been in active since 2009, new company called Off leash k9 came around 2014

The name similarities are conflicting and causing my business problems. Can something legally be don’t to deal with? I get calls from people looking for them and I’m sure they get them from me. Does time of existence matter? Or am I up shits creek? Thank you

Edit: I’ve been active... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You might want to consider sending Cease and Desist letter because it is first in use. But the question is- when did you learn about this since this other company has been around for a long time, too. Basically, what took you so long? They may have a legal defense of laches (too much time passed).

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: HOMEOWNERS ARE BOTH DECEASED without a will. Mortgage was with USDA with a recapture sole surviving son and daughter in

Son and daughter in law cared for aging parents (homeowners) until their deaths. No WILL. Son continued to pay the mortgage payments until mortgage was paid off. Home developed a slab crack and insurance was cancelled. Home burned to the ground Jan 1 2018. there is no building just land. My... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023

Here is from a basic Google search:

Please call our Customer Service Department at 1-800-414-1226 or 1-800-438-1832 (TDD/TTY Hearing Impaired Only) to find out if your loan is subject to recapture or to receive payoff information.

There is no way anyone can address the rest of your...
View More

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we have a lawyer make a contract to pay off the rest of the mortgage amount just between us and a mobile homeowner?

Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.

It is a good thing you asked...
View More

1 Answer | Asked in Civil Litigation for Florida on
Q: I am the plaintiff in a civil case in Florida and would like to know what to file in order to close my case

I have decided not to ask for expenses from the defendant and would like to close case instead.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2023

Notice of Voluntary Dismissal.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sue a impact window company for installation error and poor quality?

Hi gurus I’m wondering if I can sue an impact window company that has ruined my house due to coarse installation methods and worker negligence. The impact windows themselves are also starting to loose gas and change color. Please let me know if I have a case. Thank you.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2023

It is impossible to say whether you have a case without reviewing your contract and warranties. You likely need to follow warranty instructions.

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

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: if a deed is filed in florida with only one witness and a notary. when is it deemed invalid and require a corrective dee

is the name of the prepairer required on a deed in florida

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2022

Improper deed will become a problem at the time of sale or whenever someone comes along challenging ownership. It should be corrected as soon as possible.

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2022

I would contact your VA lender to ask this question. Typically, mortgage loans trigger a due on clause (payable at once) if there is a change in ownership because it is a material change. However, many lenders have a form now to request to add or amend owners by quitclaim deed.

Good luck.

View More Answers

2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2022

Here is the link to the licensing requirements from the regulatory body- https://www.myfloridalicense.com/CheckListDetail.asp?SID&xactCode=1010&clientCode=2501&XACT_DEFN_ID=744

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I need to find out if I have grounds to go after my realtor and her company?

She misrepresented us in selling our home. We got a cash offer and they told us that it was a bad deal on the legal side which they are not lawyers. They told us not to take it so we ended up losing the deal. They also mishandled the selling of our home. Causing us at this moment to lose out on a... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2022

What's bad about a cash deal? You signed an agreement to sell that showed the sale's price you agreed to. I assume you received that money. What can possibly be wrong "legally", as you say, if you received the cash you wanted to receive?

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.