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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Real Estate Law for Florida on
Q: I signed a lease and now the home was sold and I have to move out in a year, I was told the home would not be sold

I recently rented a home that my realtor said was owned by a company and they would not sell it and we could stay for a long time. Two days after signing the lease and we already started the move I got an email from a company telling us the home was sold to their client. A few days later they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

If you have a one-year lease, that's all you have. The owner is under no obligation to renew the lease.

1 Answer | Asked in Estate Planning for Florida on
Q: The declarations of heirs was done in Puerto Rico. My siblings change the locks and refuse to give me copies?

My sibling feels because he’s the oldest it’s what he says

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What does this have to do with Florida? Is the property in Florida? If so, someone would have to be appointed by a Florida court as personal representative. If the "declaration of heirs" constitutes a will according to Florida law (without regard to where it was executed), and the decedent was a... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Discovered dark spots last wk on our condo ceiling. Had it tested & came back as mold over 10,000 spores in the air!

HOA by laws state they are responsible for commom elements and limited elements

Is our apts ceiling building material (undecorated drywall) considered one of these common elements? We do not have our own homeowners insurance so would like to have the Building insurance cover this. From... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 22, 2020

The quoted portion of the by-laws is ambiguous. If I were representing the HOA's insurance carrier, I would argue that the word "undecorated" implies that the horizontal plane is the BOTTOM surface of the drywall (where the paint or other decoration would go). But if the mold comes from something... Read more »

1 Answer | Asked in Traffic Tickets for Florida on
Q: Can a officer write 2 separate tickets for a subsection of a law

I got pulled over last night for splitting lanes on a motorcycle and I got 2 tickets for the same law but it was a different subsection of the law is that the same as breaking 2 laws?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2020

One would have to know which statutory section it is, but in general, yes; violating two subsections is generally two violations.

1 Answer | Asked in Family Law for Florida on
Q: How do I get out of this marriage now? And isn't this bigamy? What do we both do from. Here?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2020

Yes, it's bigamy, but I wouldn't expect it to be prosecuted as a crime.

You or your husband has to go to court to get one of the marriages dissolved. Get an attorney.

1 Answer | Asked in Family Law for Florida on
Q: My husband married someone in 2001 and married me in 2011.. Hes not divorced from his first marriage? I now live in Fl.

This marriage was in NH.. The first wife called me today and sent me a copy of the marriage certificate.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2020

What is it you want to know?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What to when the guardian at litem is putting words in my daughter's mouth and have a judge that's biased
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2020

The act of "putting words in [the] mouth [of a witness]" is called a leading question. If you are a party to the case, and the GAL represents the daughter, you can object.

1 Answer | Asked in Civil Litigation for Florida on
Q: Hi is there a limit of time before a case can be dealt with. I left my truck at a machanic home of buissiness,

One of his friends decided to drive my truck, didnt check to see if the hood was latched, broke my windshield and dented my hood, this happened around 2 years ago. Do i have a case.

Thank you

Danny Griffith

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2020

If you are asking about whether there is a statute of limitations, yes. You have four years from the negligent damage, in which to sue.

1 Answer | Asked in Traffic Tickets for Florida on
Q: What happens if a traffic citation hasn't been filed yet and it's beyond the due date?

I got a traffic citation on careless driving and the citation has not been filed with the clerk. I decided to get a lawyer to pay for the ticket online but he can't pay it since it hasn't been filed yet. The due date for the payment is on the 19th. The ticket also says that an appearance in court... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

What does your lawyer say? If I were your lawyer, I'd contact the ticketing agency (police department or sheriff's office) and ask them.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a married woman in the States buy real estate in PR without her husband's consent?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

I don't know much about Puerto Rican law, but since it is a U.S. possession I would be very much surprised if she can't.

2 Answers | Asked in Business Law and Tax Law for New York on
Q: New York notice for additional sales tax owed plus interest and penalties going back to tax year 1999.

Operated a auto repair shop in NY in 1999. Had CPA do my taxes and paid what he said that I owed for sales tax tax for year 1999 which was around $500. Later got notice that I owed more than I had paid so I contacted CPA and he said he would take care of the issue. Had unfortunate events occur in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

You are going to need a New York attorney. The fact that you may now be in Florida is immaterial. So ask in Justia > Ask a Lawyer > New York > Tax Law.

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3 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

It looks to me that this is a foreclosure. If you can find a short-sale buyer before the mortgage foreclosure sale, and pay off the mortgage balance, the foreclosure plaintiff should be willing to dismiss the case.

If the student loan or the mortgage balance are your principal debts,...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: How long would it take to go through court, since I'm trying to move by next month.

We were never married, only together 6 months. And also could he stop me from moving? I also have 4 other kids with my fiance of 13 years. We really need this house and are able to afford it up north for a big family.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

Or if you have minor children (no matter where they were born), who have lived in Florida for at least six months, to supplement Mr. Minnick's response, you should also consult a lawyer.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: What happens to an FHA loan on a property if the HOA forecloses through a judicial foreclosure and the property sells.

a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban development. In... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

Yes, if the FHA mortgage is senior to the HOA lien.

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2 Answers | Asked in Family Law for Florida on
Q: Im in Florida and 17 years old . I want to leave and move to Georgia with out my parents consent and knowledge.

To live with my cousin. I don't want my parents to know where I am

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

And you want someone here to tell you how to do it? Not going to happen, in my opinion.

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1 Answer | Asked in Child Support for Florida on
Q: Can interest on arrears child support in Texas be decrease or forgiven n how? Children are in their 30’s now but still.

Can payments be reduced? Been paying on n off for over 20 years. N still owe 10,000 support n 19,000 interest. Ex- living high, children successful n me disabled vet.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

You should ask this question in Justia > Ask a Lawyer > Texas > Child Support. The laws in every state are different.

1 Answer | Asked in Family Law for Florida on
Q: I have a question about relocating to another state, my son is almost 14 and his father only sees him once a month usual

I have a house we are going to rent to own in another state, the father only usually sees him maybe once a month and JUST started paying child support again. I want to move my family to another state so we can live happier together and near other family. What would I have to do to move as soon as I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

Assuming that you and the child's father were divorced, and there is a time-sharing plan in place, you would need to file a motion with the court in the dissolution case for permission to take the child to the other state.

1 Answer | Asked in Employment Law for Florida on
Q: I have received via the employee an Agreed order to employer to deduct and remit and for related matter.

I have received the notice via the employee 2 months after it was filled. It does not specify when to start and for how long. Can i get out of this? Can the employee pay it on its own?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 16, 2020

I'm guessing this has something to do with a garnishment. If so, you should have been served with process. Show the order to an attorney in your area to see what it's all about. Or you might want to review the court file (you can do that online; google "clerk of court" for your county).

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