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Questions Answered by Francis M. Boyer
1 Answer | Asked in Personal Injury for Florida on
Q: How do I find a accidental death lawsuit filed in 1996 in Jacksonville Florida?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

You can search online at www.duvalclerk.org or if it was filed in federal court in the Middle District of Florida, using PACER.

1 Answer | Asked in International Law for Florida on
Q: Which countries are signatories to the Hague Convention?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

The complete list is here http://www.hcch.net/index_en.php?act=states.listing

1 Answer | Asked in International Law for Florida on
Q: I need to know Procedure in the Florida State Courts on how to take or obtain testimony in a foreign country

Florida Rogatory Commission. Procedure, the latest law, including Statutes, and, Rules of Court before I dictate a Motion & schedule a hearing

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

Depending on the country, you may need letter rogatory and use The Hague COnvention

1 Answer | Asked in International Law for Florida on
Q: Can case precedent from the United Kingdom be considered by a U.S. court?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

International precedents are not considered. However, you can always cite it but not without having at least partial support with U.S. legal precedents.

1 Answer | Asked in Real Estate Law for Florida on
Q: In Forida, if a bank accepts an offer for a short sale, what will owner still be liable for.

My son's bank has accepted an offer for a short sale on his house. The original mortgage was structured with two interest only loans from the same bank at the same time. Other than past property taxes and home owners insurance, what could he be liable for?

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

He could be liable for a deficiency judgment, meaning the difference between the total amount he owes and the selling price of the property. See if the documents or agreement with the bank mentioned that the deficiency is waived by the bank.

1 Answer | Asked in Real Estate Law for Florida on
Q: Is there a statute of limitations on restrictive covenants or deeds of restrictions for subdivisions in Florida
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Generally not as the covenant runs with the land. However, a restriction may have been placed for a period of time only, or if the statutes allow for a change by votes, then the covenants could be amended.

2 Answers | Asked in Real Estate Law for Florida on
Q: To be considered legal does a promissory note needs a seal from a notary public
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

No, but they usually have one. It must be signed by the borrower/debtor.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Minium age to purchase real estate in florida
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Age of Majority because you need to be able to enter into a contract.

1 Answer | Asked in Real Estate Law for Florida on
Q: What deed form do I need to transfer Florida real estate from a deceased mother to her daughter, the only heir?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Nothing is fine. Just record the probate documents, in particular the order granting the daughter the property into the real estate record.

1 Answer | Asked in Consumer Law for Florida on
Q: What agency would I file a complaint against a Realty and Title Company for fraud.
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

DBPR---Department of Business and Professional Regulations (Real Estate Division) in Orlando.

1 Answer | Asked in Consumer Law for Florida on
Q: Signed a realestate contract in Fl on 3/14/11 and has a 14 day right of cancel . what is the last date to cncl 3/27or28
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

If you signed on 3/14+ then you count 3/15 as the first day.

Assuming you have 14 calendar days and not 14 business days, then 3/29 is your last day to cancel. However, the cancellation must often be in writing and MAIL, not e-mailed or faxed, so you should budget for this delay to be really...
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1 Answer | Asked in Consumer Law for Florida on
Q: How do i file a claim to be listed on a class action law suit
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Generally, the plaintiffs' lawyer would do the research and mail you a postal card-type of thing so you can fill out the information. Sometimes, you ca nsign-up on the lawyer's website.

1 Answer | Asked in Consumer Law for Florida on
Q: How do i enter name in class action suit
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Generally, the plaintiffs' lawyer would do the research and mail you a postal card-type of thing so you can fill out the information. Sometimes, you ca nsign-up on the lawyer's website.

1 Answer | Asked in Consumer Law for Florida on
Q: Can you sue for a false report on your credit.
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Actually yes, but the best way is to document why it is false, or a mistake, and ask the credit bureaus to remove that information.

1 Answer | Asked in Consumer Law for Florida on
Q: Can a phone provider, such as tmobile legally pursue a debt collection based upon a "verbal agreement"
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Oral contracts are valid contracts. However, T-Mobile should have some paperwork or a recording of your approval to change the plan...

1 Answer | Asked in Consumer Law for Florida on
Q: I have a check that I haven't been able to cash it. Which legal action can I take to solve this issue.(amount $4,750)
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

If the check bounced, send a letter requesting payment within 30 days under the proper statute. After that hire a lawyer to sue for triple amount for issuing checks without funds.

1 Answer | Asked in Consumer Law for Florida on
Q: I recently paid off a debt with one company now another is calling saying that the debt was never paid what can i do?
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Gather all of your paperwork, send them to company 1 and 2. Then if company 2 is still calling, call a lawyer that sues debt collection agencies for abuse.

1 Answer | Asked in Consumer Law for Florida on
Q: I am being called by a debt collection agency and I have no out standing debt. They call and hang up. How do I stop it
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

Send them a letter telling them to stop. If they continue, hire a lawyer to sue the debt collection agency for abusing practices....

2 Answers | Asked in Consumer Law for Florida on
Q: I just received a letter with a Final Judgemnet

Ford Motor Credit is sueing me because i return a vehicle to them

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

Well, a Final Judgment is the final document of a long list such as possibly a letter of demand, a complaint, a motion for default and motion for default final judgment at the very least. You cannot ignore the possible treat of a lawsuit, nor failing to update the creditor of your whereabouts.

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2 Answers | Asked in Consumer Law for Florida on
Q: Is there a 3 day grace period for contract in wyoming
Francis M. Boyer
Francis M. Boyer
answered on Aug 4, 2011

No idea. You should post this question under the Wyoming column.

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