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Questions Answered by Jane Kim
3 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Jane Kim
Jane Kim PRO label
answered on Jan 28, 2023

Yes, a quitclaim deed will accomplish what you need. However, it may also trigger a due-on-sale clause by your mortgage. First, you should contact your mortgage company and ask them if they have a form that you should submit to them for approval before you use the quitclaim deed. It is commonly... Read more »

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3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Jane Kim
Jane Kim PRO label
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Jane Kim
Jane Kim PRO label
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
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1 Answer | Asked in Business Law for Florida on
Q: Can I get a company in trouble for airdropping me their clients homeowners insurance information?

A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information

Jane Kim
Jane Kim PRO label
answered on Dec 21, 2022

A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.

1 Answer | Asked in Real Estate Law for Florida on
Q: If I buy my sister out, both on deed and mortgage, do I pay her back all of the mortgage she paid plus all utilities?

She is fighting because I won't give her half the insurance repair money from a fire. Ins policy states that money only goes for repairs concerning the damage done by fire.

Jane Kim
Jane Kim PRO label
answered on Dec 15, 2022

Buying someone out means you pay that person a fair market value (FMV) of the property today minus your half of the ownership. So that if today's FMV is $500K and you own half of it, you end up paying your sister $250K. Your sister would have to use the proceeds of $250K to pay off her share... Read more »

2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Jane Kim
Jane Kim PRO label
answered on Dec 12, 2022

Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Thanks for the answer- I live in Florida and the real estate home is there The heirs do not want the home

What is a quit claim deed?

Jane Kim
Jane Kim PRO label
answered on Dec 8, 2022

A quitclaim deed is a legal instrument which transfers title to real property. It is typically utilized in transactions between family members or if you'd like to transfer your property into a trust. These types of transactions do not have financing. If your property is currently financed,... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a realtor says a home does not need flood insurance, but actually does after signing a contract, can we get out of it

Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done

Jane Kim
Jane Kim PRO label
answered on Dec 3, 2022

Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... Read more »

2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Jane Kim
Jane Kim PRO label
answered on Dec 3, 2022

It depends if the home has a homestead exemption, and what type of creditor. Only a debt related to the home (i.e., mortgage or a contractor fixing your roof) may be placed as a lien against a homestead property. During a bankruptcy any junior lien to the first mortgage will be wiped out unless... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: is name of preparer and 3x3 block.required on a florida deed

does grantor name have to match exactly as legal id

Jane Kim
Jane Kim PRO label
answered on Dec 1, 2022

Yes, preparer's name at the top left is a requirement. Not exactly sure what you are trying to compare but legal ID is a number. Grantor's name must be the actual full name of the person or entity, which should match the name of the grantee from the immediately preceding deed. And yes,... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: if a deed is filed in florida with only one witness and a notary. when is it deemed invalid and require a corrective dee

is the name of the prepairer required on a deed in florida

Jane Kim
Jane Kim PRO label
answered on Nov 30, 2022

Improper deed will become a problem at the time of sale or whenever someone comes along challenging ownership. It should be corrected as soon as possible.

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Jane Kim
Jane Kim PRO label
answered on Nov 29, 2022

I would contact your VA lender to ask this question. Typically, mortgage loans trigger a due on clause (payable at once) if there is a change in ownership because it is a material change. However, many lenders have a form now to request to add or amend owners by quitclaim deed.

Good luck.

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2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Jane Kim
Jane Kim PRO label
answered on Nov 6, 2022

Here is the link to the licensing requirements from the regulatory body- https://www.myfloridalicense.com/CheckListDetail.asp?SID&xactCode=1010&clientCode=2501&XACT_DEFN_ID=744

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: We are in the process of having a pool constructed and our pool builder was in the process of installing the pool cage.

Before it could be completed Ian destroyed the cage. The pool equipment is on site. Never connected to electricity and pool never received its interior finish. Who technically owned the pool. Should it be the homeowner or pool builders responsibility to replace the cage to get the project moving... Read more »

Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

You should read your contract for "risk of loss" provisions. Most likely, however, it is your cage because it was already delivered to your property, and you are responsible. I'd ask for the contractor's insurance, maybe it'd cover it (small chance).

2 Answers | Asked in Business Law for Florida on
Q: business in Florida while living in Connecticut. Defaulted on business loan. Sign guarentee which state laws do I go by
Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

It is likely the lender may institute a cause of action against you individually (personal guarantee) and has a choice of bringing a suit in either state. If your loan does not provide for a choice of law provision (unlikely, read your loan agreement) then the law of the state where the suit will... Read more »

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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

To add to Mr. Baron's response, collections is considered an ancillary lawsuit to the underlying lawsuit. If the party does not pay on the judgment, you will have to return to court to enforce it. Don't forget to record your judgment.

Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I need to find out if I have grounds to go after my realtor and her company?

She misrepresented us in selling our home. We got a cash offer and they told us that it was a bad deal on the legal side which they are not lawyers. They told us not to take it so we ended up losing the deal. They also mishandled the selling of our home. Causing us at this moment to lose out on a... Read more »

Jane Kim
Jane Kim PRO label
answered on Oct 16, 2022

What's bad about a cash deal? You signed an agreement to sell that showed the sale's price you agreed to. I assume you received that money. What can possibly be wrong "legally", as you say, if you received the cash you wanted to receive?

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »

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2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim PRO label
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate... Read more »

Jane Kim
Jane Kim PRO label
answered on Sep 7, 2022

You always have the right to sue. Sometimes, all it takes is a demand letter from a lawyer, unfortunately.

I must disagree with my colleague, downpayment is often refundable, it depends where you are in the process. It sounds like you are at the earliest stages of contract, or it...
Read more »

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