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Questions Answered by Francis M. Boyer
1 Answer | Asked in Real Estate Law for Florida on
Q: What is the penalty for a realtor for not sending on time an escrow check for a purchase contract ?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

"Realtors" do not exist. This is a member of the REALTOR association. You have real estate sales agents and real estate brokers.

An escrow check received by a sales agent must be given the next business day to the broker, and the broker must deposit the check into his escrow...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Where do I obtain a lis pendens form?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

Filing a Lis Pendens without proper cause or wihout following the procedure can backfire on you.

Unless you are doing a foreclosure action on some property or claiming that you have a right to some real estate, you are best advised to seek legal help on this.

2 Answers | Asked in Real Estate Law for Florida on
Q: Please advise what form is needed to add my husband to a Florida property deed
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

You must be very careful is this, but assuming that there is no mortgage on a property, your husband COULD be added by using a Quit-Claim Deed. However, this MIGHT void the title insurance that protects your deed.

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1 Answer | Asked in Car Accidents for Florida on
Q: Should police be called if two cars rear ended each other while backing out of driveways?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

It is always better o have a police report especially is there is damages. If there are injuries, then absolutely.

1 Answer | Asked in Immigration Law for Florida on
Q: I just got my U.S. citizenship and need to know if I can file for my son who was not born in the U.S.

He already has a green card.

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

If your son is a minor, he will automatically become also a citizen. If he is over that age, he needs to apply for citizenship the same way you did.

1 Answer | Asked in Immigration Law for Florida on
Q: Why was I accused of committing fraud/misrepresentation on my visa application?

Bahamian citizen married to u.s citizen went to AOS interview i-130 approved but got a letter saying need to file for a waiver due to fraud/misrepresting; omitting drug arrest on visa application.

But I did put the arrest down, and it was also dismissed! And I showed all paper work of the... View More

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

It is hard to answer without seeing the documents. Obviusly if you had not disclosed the arrest, this would be a basis for the denial. Now, the fact that the charges were dismissed does not relieve your duty to clearly state that you were arrested for drug possession and/or drug... View More

2 Answers | Asked in Personal Injury for Florida on
Q: What is the statute of limitations for a civil lawsuit in Florida?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

The statute of limitations depends on the type of law that would apply to your case. For instance, an injury under maritime law would have a 1-year statute of limitations.

Injuries due to a medical malpractice would be barred after 2 years from discovering the malpractice, or at least the...
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1 Answer | Asked in Collections for Florida on
Q: Do i nees a lawyer to collect on a judgement or to execute judgement
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

Probably yes in particular if you try to collect on an individual.

Collecting a judgment can be harder and is full of laws and regulations that actually PROTECT the debtor, especially an individual.

1 Answer | Asked in Collections for Florida on
Q: I just had a collection placed against me from an old landlord of a business space I rented out almost 4 years ago.

They are claiming that i owe them $32,000.

Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

In this case you should not delay and seek assistance to proving/disproving the total amount you owe, if you even owe the debt.

2 Answers | Asked in Estate Planning for Florida on
Q: After death does a will have to be registered, if so with whom?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

Indeed, the will must be probated, or "registered" as you say. This means a formal request is made to a judge to gather all the assets and to propose the division among the heirs or beneficiaries.

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1 Answer | Asked in Estate Planning for Florida on
Q: How can i put my grandmothers will in probate ?
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2011

I assume you mean "how can I probate my grandmother's will in Florida?"

This depends on whether she passed away as a resident of Florida, and whether or not her estate, excluding certain properties, would amount to over $75,000.00.

Regardless, you will need to draft...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Which is the venue of a civil procedure where the defendant is european?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

The venue is where the real estate is located, where the contract was signed, or where the damage/tort/injury occurred. You probably can sue in Florida if the European defendant was here at the time.

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2 Answers | Asked in Civil Litigation for Florida on
Q: HOW DO I FIND OUT IF I AM A MEMBER OF A CLASS ACTION SUIT?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

You should know already because you cannot be a plaintiff without joining. That said, you might mean "how to join if I am in a class?" and the answer is contact the lawyer handling the litigation. Some of lawyers will have a website to submit your information, some will mail you documents to sign.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I'm being sued by Martin Memorial Hosp.for nonpayment of hospital bill. I havemade some payments. Options?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Respond to them along with proof of payment and definitely hire a lawyer if and when you are being served with a complaint and summons.

1 Answer | Asked in Civil Litigation for Florida on
Q: I am the Plaintiff, Pro Se,in a civil case in The Southern District of Florida Court,and the court has referred the case

To mediation. From all perspectives it looks that this case will not settle in mediation and will go to trial. How does a Pro Se,without any legal experience handles a trial. All attempts to obtain a court appointed attorney have failed.The case is against Dismas harities,Inc.,Halfway house,a... View More

Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Civil plaintiffs are not entitled to a free lawyer. Only criminal defendants are that right.

1 Answer | Asked in Car Accidents for Florida on
Q: If auto ins doesnt cover the cost of auto accident yo'ure at fault and are sued for bal.can personal property be seized?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Sure! This is why you should buy enough insurance because it there is not enough you are personally responsible for the balance and real estate and personal property could be seized, as well as wages.

1 Answer | Asked in Business Law for Florida on
Q: Can a not for profit youth sports organization maintain a balance in the thousands of dollars?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Yes. Not-for-Profit means that the goal of the corporation is not to issue dividends. This does not mean that it does not have money, nor that everyone is working for free. In fact, some not-for-profit directors have very high salaries.

1 Answer | Asked in Business Law for Florida on
Q: How does a non professional spouse retain ownership of a PROFESSIONAL SERVICE CORPORATION if the Professional Dies?

Is there a precedence or procedure for this. The professional service corporation currently has loans in the PSA's name

Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

The Estate can continue to receive dividends if the other partners exist and the shareholders' agreement has been properly drafted.

2 Answers | Asked in Personal Injury for Florida on
Q: How long to wait for my check when approved for injury they said 3 weeks
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

It is coming...It sometimes takes a bit longer because the check might have to be processed at the headquarters of the company, insurance company or not...The lawyer for the defendant usually does not have the money on hand if it is a settlement.

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1 Answer | Asked in Personal Injury for Florida on
Q: Limit of years to Civil Suit being filed against someone?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

The time limit, or statute of limitations, depends on the specific type of claims. Medical malpractice, maritime injury, and car accidents have different time period.

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