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3 Answers | Asked in Real Estate Law for Florida on
Q: I have been paying my 36 year owner financed mortgage by mail for 35 and a half years. I have 6 monthly payments left.

The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More

Jane Kim
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answered on May 20, 2024

How did you "buy" this home? Typically, title transfers on the day of closing and then you pay monthly payments on a mortgage where your home is treated as collateral for the mortgage. But you own your home from the very beginning. Unless this was a lease contract with option to buy, then... View More

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4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Jane Kim
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answered on Apr 30, 2024

There is no way anyone can sift through this on this platform and provide legal guidance.

Please note that a lawyer at the title company is not your lawyer, so that s/he does not represent you and does not have your best interest in mind. Certainly, you must retain your own lawyer to...
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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

1 Answer | Asked in Real Estate Law for Florida on
Q: I recorded a quit claim deed in polk county fl but the grantor name was incorrect. What can I record to correct this?

Can I record a same name affidavit showing that it's the same person?

Jane Kim
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answered on Mar 25, 2024

If it was merely a spelling mistake, then depending on the state, you should file a corrective deed, it may be called slightly different in your state. You cannot entirely change the grantor, you'd have to do a separate conveyance.

1 Answer | Asked in Real Estate Law for Florida on
Q: I just need to add my wife name to the deed of my house that t own freely. What form do I need? I live in FL. Thanks
Jane Kim
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answered on Mar 6, 2024

A quitclaim deed does that then record it in the county where the house is located.

1 Answer | Asked in Real Estate Law for Florida on
Q: I recently purchased 10 acres, now the surveyor is telling me that it is probably 3 or so. What legal rights do I have?

The purchase was 10+/- acres. Looked at the property with the realtor and looked at pictures and information they gave me. Purchased the property, received the deed, and started the survey and the survey shows about 3.5 this was 2 plots, now just 1. What do I do? What are my legal rights?

Jane Kim
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answered on Jan 22, 2024

It depends how you acquired title by way of what type of a deed?

Did you do a title search prior to closing? It does not sound like it. That means you acquired the property through a quitclaim deed. You may have claims against both the seller and the realtor.

Good luck

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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2 Answers | Asked in Real Estate Law for Florida on
Q: I have a mortgage loan question

Someone did a balloon mortgage loan so I wouldn’t lose my house for 30,000 for 2 years I paid interest now it is time to pay the 30,000 I don’t have it could I lose my house?

Jane Kim
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answered on Oct 16, 2023

I am not sure what "someone" means because it must be the owner of the home obtaining the mortgage. Are you the tenant? In any event, of course, whoever holds the balloon mortgage can foreclose on the home. You have to refinance the note to avoid the ballon payment.

Good luck.

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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

2 Answers | Asked in Real Estate Law for Florida on
Q: We have paid off a mortgage to private investor. It is now been 6 months and no Satisfaction of Mortgage.

Checked with Pinellas County Clerk - they have no record of Satisfaction.

P

Jane Kim
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answered on Sep 9, 2023

That sounds frustrating. If it is in fact accurate that the mortgage has been paid off, then the lender's continued mortgage against the property constitutes slander of title.

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