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Questions Answered by Jane Kim
2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More

Jane Kim
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answered on Feb 19, 2024

Lawyers get paid for the time spent, any and all time, whether it is speaking with a client or thinking about their case or typing out a legal brief. Sounds like your lawyer does not believe he'll get paid for his time, just guessing here. The fact that you think he did nothing and your... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Jane Kim
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answered on Feb 5, 2024

There is a 15-day rule to respond, some motions are excluded, and it is flexible.

Litigation is complex, I am sure you knew that.

Judges also have their own standing orders on how they treat different types of motions, what is required for their submission, etc. Some Judges take...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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1 Answer | Asked in Civil Litigation for Florida on
Q: looking for a lawyer to bring litigation against Mr Cooper (mortgage) who was negligent in protecting SSN & bank info.

Mr Cooper lost the personal data including SSN, Bank Info, Addresses, Driver License info, etc of all of their current & past customers due to cyber security negligence. Additionally, their response to the incident was to provide a few year of credit monitoring through Transunion, which is... View More

Jane Kim
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answered on Jan 22, 2024

Unauthorized disclosure of protected information happens when your private information is shared with a third party without your consent and a third party that did not have a business relation with Mr. Cooper. Otherwise, the fact that it was "lost" does not mean much. It must be SEEN by... View More

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida, what is the legal definition of a gated community?

We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More

Jane Kim
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answered on Jan 21, 2024

There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.

It also depends what you are trying to get at...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: What type of legal counsel do I need for undisclosed issues and multiple things missed by home inspectors in a home?

Rotten support beam in roof, rusted in half drainpipe drywalled over, toilets installed incorrectly, large rotten area on wall under kitchen sink (water damage), things that were required to be fixed during first inspection that were not fixed and then ignored or just not inspected again even... View More

Jane Kim
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answered on Jan 4, 2024

Inspection agreements usually have disclaimers that they are not responsible for anything. However, these disclaimers do not hold up in court and there are other causes of action you can assert without suing them under the agreement.

Some known home defects or issues must be disclosed by...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I have open an LLC with a partner with the purpose to buy a land and get finance to build an investment home in Florida

My partner was the only person who signed on the loan for the construction, after he signed I received a copy of the closing and the terms where not favorable at all and I feel I am on a loan that is designed to get high fees and interest not favorable and not as the private lender said, I want to... View More

Jane Kim
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answered on Dec 29, 2023

Private lenders are never known to extend fair terms. They are a lender of last resort when a conventional lender (a bank) will not extend a loan to you.

There is likely a personal liability with any lender, no lender would extend a loan without a personal guarantee, but since you did not...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Is a title search company liable for not noticing the deed was not signed , thus giving me wrong info,costing $60,000

Deciding if I would contest my mother’s Will, I recieved advise from an attorney who told me to have a title search done. The title search company said the 2013 title to my mom’s home proceeded the Life estate Deed and I was co-owner, as I have hoped. I decided not to contest because the Will... View More

Jane Kim
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answered on Nov 25, 2023

The title company merely reviews the record. They do not opine on validity of documents that have been recorded. It sounds like the other side's estate's attorney was making a claim or an allegation that the deed was not valid. You could have/should have retained your own counsel to... View More

3 Answers | Asked in Family Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: using the Fla. E-Filing Portal for interogatories i see only the "service of interogatories" on the collier clerk site

on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More

Jane Kim
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answered on Oct 22, 2023

To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I’m having an issue with MoneyGram.

Hello

I transferred $1016 from the US to my fiancé in Ukraine on October 6th.

The transfer usually takes between few minutes to few hours to be completed.

However, this time, the transfer hasn’t reached the receiver till this day.

I called MoneyGram on the day of... View More

Jane Kim
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answered on Oct 14, 2023

Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: In Florida, do homestead exemptions transfer/port when someone gets removed from a deed?

I live in FL, purchased a home with my BF, we broke up, he vacated and was removed from the deed. He told me his homestead exemption did not transfer/port to his new residence. He wants me to re-file another homestead exemption. This will cause my home to get reassessed in this inflated market and... View More

Jane Kim
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answered on Oct 9, 2023

Your boy friend needs to file a new homestead exemption on his new property. It does not follow the person or transfer. You may want to double check with the county about your homestead and file one, if you haven't done so under your name. Your real estate taxes will not go up by electing for... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Mechanic performed work to my car I did not authorize. Why do all lawyers I contact say they can’t take my case?

On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More

Jane Kim
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answered on Aug 15, 2023

There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Keep Florida residency while working in another country for (Canada) 2-3 years?

I'm considering working in Canada for 2-3 years. I would still keep my home in Florida (not rented) including my driver's license, car insurance, bank accounts, brokerage accounts, etc.... all linked to my Florida address. Would I still be legally able to keep Florida as my State of... View More

Jane Kim
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answered on Jul 31, 2023

Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More

3 Answers | Asked in International Law and Health Care Law for Illinois on
Q: Am I allowed to work with public health information for a US company while overseas in Brazil?

I'm in public health and specifically deal with public health information (PHI) of clients while working remotely in Brazil. However, I was told by my employer that i cannot be overseas while working with this company because i deal with public health information. I'm kindly asking, if... View More

Jane Kim
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answered on Jul 25, 2023

As you know, penalties for healthcare data breaches are very high and your employer is required to protect PHI.

When you work abroad, your employer cannot control security of your internet, your IP, your router, how the internet traffic travels and through which channels, etc. Since your...
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2 Answers | Asked in Divorce, Family Law, Child Custody and International Law for Florida on
Q: How do I prevent my husband from returning to the US with our children?

I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More

Jane Kim
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answered on Jul 24, 2023

I am not a family lawyer but I work on international cases. This is what I know...

If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically...
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2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: I paid cash July 2021 a real estate construction in Oaklawaha near Ocala, FL, till today it's not nearly done. Need help

What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More

Jane Kim
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answered on Jun 16, 2023

You have to be careful how you terminate the contract with the initial general contractor. Construction/lien laws are pretty strict. I bet this GC will claim he is owed money too. I'd highly recommend retaining a lawyer in order to move on to the new builder. In fact, some builders may not... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: How can I get evidence admitted after Discovery has ended but before summary judgement motion is filed. What motion?

I just recently filed an appearance as Pro Se after realizing that my attorney was not submitting evidence. I desperately need to get evidence as it contradicts the defense entire strategy. We have already amended the Supplemental Rule 26 once. Do I have to request another amendment in order to... View More

Jane Kim
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answered on Jun 14, 2023

It's unclear how R.26 relates to your summary judgment, and it's important to note that the federal court system is not designed for pro se litigants. Unlike small claims state courts, the process is far more complex, and Judges are not there to guide you through it. In your summary... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: Are FL civil court judges required to have a hearing after a response to summary judgment is filed?

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During hearing, judge stated she hadn't read my motion. After reading it, instead of doing another hearing judgment was entered against me. Was the judge required to set another hearing after reading my motion so I could argue it's merits? I didn't get the option... View More

Jane Kim
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answered on Jun 9, 2023

There is no "requirement" to hear motions unless they are motioned up or noticed for a hearing, which would require obtaining dates from the court and coordinating a hearing with the other side. Otherwise, the court does not know there is a motion on file.

You may want to...
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