Questions Answered by Terrence H Thorgaard

Q: I haven't paid my mortgage in almost 2 years and the bank is foreclosing. Can I save my house by filing for bankruptcy?

1 Answer | Asked in Foreclosure for Florida on
Answered on Aug 14, 2018
Terrence H Thorgaard's answer
No. The mortgagee will probably be able to get relief from the automatic stay.

Q: If father precedes step mom in death. When my step mom passes as his sole heir, can father family be excluded as heirs?

1 Answer | Asked in Civil Litigation and Estate Planning for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
Yes, if he was not the subject of undue influence, and if he was mentally competent when he made his will, he could, if it was done properly, disinherit children and other family members.

Q: I filed for divorce a while back. Courts found parenting plan requirement to be moot at this time. What does that mean?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
Hard to say without knowing more. The word "moot" means that the circumstances make it so that, while it was important at one time, it no longer matters either way.

Q: Can I detain a person who has committed a felony?

1 Answer | Asked in Criminal Law for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
Good question. Florida Statute 776.012 provides, in pertinent part, as follows: 

"Use or threatened use of force in defense of person.—

(1) ...

(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or...

Q: My daughter had a child out of wedlock in NM. Her spouse is in jail and left her w/o support. She moved to FL w/me.

2 Answers | Asked in Child Custody for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
And Florida courts will only have jurisdiction to award custody when the child has lived in Florida for at least six months (or if the child is under six months of age, for most of the child's life).

Q: what can happen if my daughter's father gets a lawyer and is taking me to court cause child support started.

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Aug 12, 2018
Terrence H Thorgaard's answer
He's contesting your court action by which you are seeking child support? If you are represented in the proceeding, ask your attorney.

Q: How do you sue someone's estate?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Aug 11, 2018
Terrence H Thorgaard's answer
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.

And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.

Q: kids are 19, 20 and 21 can I file a civil suit for unpaid support? I’ve never received his taxes due to him not filing.

2 Answers | Asked in Civil Rights, Family Law and Tax Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
If you have a child support order, you don't need to file a new suit; collect the CS order. If you have proof that he owns the business and vehicles, and he lied about it under oath, he can be prosecuted for perjury, and you can perhaps, once you prove it, get a writ of attachment.

Q: Can I be prosecuted if I suspected embezzlement at the place

1 Answer | Asked in White Collar Crime for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
No, you can't be prosecuted unless you committed, aided, or abetted the crime. Suspicion by itself is not one of those.

Q: How do I know if my sexual harassment claim is state or federal?

1 Answer | Asked in Sexual Harassment for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
Unless it involves sexual harassment by a federal officer or employee, chances are that it is state. But it doesn't matter unless you plan to litigate it, and you definitely don't want to do that without an attorney who specializes in such cases. Ask that attorney.

Q: What happens if I decide to re-close a modification of a current paternity order and the other party wants to continue.

1 Answer | Asked in Family Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
You should talk to your attorney and find out why he or she has not scheduled a hearing. If your attorney won't talk to you, get another attorney.

It is doubtful that you can, on your own, close the case while you still have an attorney of record; your attorney would first have to withdraw.

If nothing is done for a period of time, the court on it's own may move to dismiss the case for "lack of prosecution". In that case, a hearing is usually set on that motion.

Q: My mother sold her house via short sale a few years ago. It's now in foreclosure. There is a defective warranty deed.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
It means that, because of the defect in the dead, she may have some interest in the property. Chances are that (depending upon the nature of the defect and other issues) the interest is worthless, but the attorneys for the mortgagee made her a party out of an abundance of caution. It doesn't look like they are seeking money from her.

Q: Can I take them out?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
I believe that they are lying to you and that you can sue to evict them.

Q: My parents have been married for 58 years and my Dad has recently been mentally and emotionally abusing my Mother.

1 Answer | Asked in Domestic Violence for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
Why don't you ask this question in Justia › Ask a Lawyer › Georgia ›?

Q: I place a "holding deposit" on a rental home before applying and was not approved. The remax agent is trying to keep it.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
What position does she take regarding the deposit? If she doesn't have a reasonable position, you might consider a complaint to the agency which regulates realtors.

Q: I believe co mingling of closings and funds were done during a closing. My name is still on the property The title co

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
This is too complicated to fully answer here. Who advised you " to stop trying to track them down", an attorney? that's fine, but in a few years one or more statutes of limitations may come into play.

Q: How can you divorce if you or your spouse never leave in Florida and you are not US residents .

1 Answer | Asked in Divorce for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
Neither of you have ever LIVED in Florida, or you never LEFT Florida? If it's the former, you would have to divorce where one of you resides. If it's the latter, a Florida divorce shouldn't be a problem.

Q: a guy agreed to pay me 100 a wk to keep his dog he pd 150 and now refuses to pay me I have the dog

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
Turn the dog over to animal control and let him know. Sue him in small claims.

Q: Is it possible to terminate the father rights if he doesn’t pay child support in FL ?

1 Answer | Asked in Child Support and Family Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
No; in general child support obligations and visitation rights are independent issues.

Q: Divorce was final in 2009. I filed quit claim deed per the judgment. My ex was supposed to re-finance. He didn’t.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
You could sue to cancel the false loan modification application, but you would still be liable on the original mortgage note. So, unless the terms of the loan as modified are tougher than the original loan terms, there wouldn't be any point in suing.

The problem with the original divorce terms is that, even if he were to file for a modification, there is no guarantee he would get one (particularly in 2009). You shouldn't have been required to quitclaim your interest to him until...

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