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1 Answer | Asked in Real Estate Law for Florida on
Q: My ex-husband wants to refinance a house we both own and he currently lives in, taking my name off of it.

He said he has already filed paperwork with the bank and I just need to show up at closing to sign the paperwork. I'm not sure what I would be signing and the bank won't give me any information because the new loan is only in his name. Does this mean that he has to pay me half of what the... View More

Jane Kim
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answered on Nov 26, 2021

Ex-husband denotes that you had a divorce and there was property distribution. Was the house awarded to him? If yes, then you just need to sign as a spouse at the time, but you get no proceeds. If there is something different about the house in the Marital Settlement Agreement, you need to retain a... View More

4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How to add my sister and my name to the title of a property after my mother passed away.

The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... View More

Jane Kim
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answered on Nov 24, 2021

It should be probated. You need a probate lawyer.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I bought into an acre of land with 4 other guys. One guy paid for the acre, the 4 others paid him their 1/5 share.

I want out of my share.We all agreed that if someone wanted out the remaining Owners would buy out the 1/5 of the party wanting out. The guy that bought the property never put the names on the deed. I have evidence of payment. How should I approach the guy who never put me on the deed? I want my... View More

Jane Kim
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answered on Nov 19, 2021

Make a demand for your money back. A demand on a lawyer's letterhead may be more forceful.

If that goes nowhere, you'll have no choice but to file a lawsuit in small claims court for unjust enrichment or enforcement of an oral agreement (although you may have a problem there...
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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

Jane Kim
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answered on Nov 16, 2021

As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I am selling my house closing was today and per contract was supposed to get paid still no funds sent to my account yet

The buyers are out of the country say they wired to title company and title company has not received. Can withdraw from the sale and go with another buyer. My agent giving me run around buyers agent and my agent from same company. The buyer chose the closing date and contract says funds released at... View More

Jane Kim
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answered on Nov 15, 2021

You should be able to refuse to extend the closing date. Notify your agent and the escrow agent you are not extending the closing date.

THIS ANSWER IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE INFORMATION PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING IN...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: Can TBE ownership be utilized for all real estate owned by a married couple or just the marital residence?

NEW JERSEY AND FLORIDA

Jane Kim
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answered on Nov 14, 2021

TBE is a method by which married couples can hold the title to a property, any property. It simply provides for rights of survivorship.

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... View More

Jane Kim
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answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Someone I know wanted to purchase my home he is a broker I did not hire him to sell it just to buy it as is.

I needed help with clearing the title title and the house was in foreclosure. So he got me with his attorney that he uses for his real estate transactions and I paid the attorney out of the money I got for the house at closing. I signed a contract with the broker but there was never anything... View More

Jane Kim
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answered on Nov 10, 2021

First, if you signed the sales contract you agreed to the commission. What else do you think the contract is for?

Second, you may not be reading the closing documents accurately, in that the closing company would have spotted the discrepancy between the sales price and the funds collected....
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2 Answers | Asked in Business Law for Florida on
Q: are the board of directors of a condo obligated to tell potential buyers of upcoming assessments and monthl fess raised
Jane Kim
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answered on Oct 31, 2021

Not the Board, there’s no duty to prospective Buyers, but the Seller is.

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3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Can I request that a contract to purchase land in Florida be extended 30 days beyond closing date?

The attorney is getting close to obtaining clear title, however due to Covid-19 it is delayed but hopefully will be resolved soon. I asked that the contract be extended but the seller does not want to do this. Can I request to extend 30 days under the Force Majeure?

Jane Kim
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answered on Oct 24, 2021

If you have an attorney working on your behalf, you should be asking him/her this question.

Generally, and in a different context (insurance), the courts have consistently ruled that Covid is not a Force Majeure event. I am not sure what the Covid-related reason can be in buying land, but...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Can i remove mangrove sprouts planted in the Indian river by an rogue owner. The Board does not want them growing there.

There are about 12 tiny sprouts, about a foot tall, growing in plastic pipes stuck along the shore, about 3 foot offshore. The condo Board did not ask or sanction the planting and does not have budget to maintain then once they grow tall. Can i discretely remove them without violating Florida law?

Jane Kim
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answered on Oct 24, 2021

Here’s a very short video (transcribed) about mangroves. I believe it addresses your concern. https://www.llw-law.com/videos/can-cut-mangrove-trees-property-maintain-water-view/

THIS ANSWER IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE INFORMATION PROVIDED HERE IS FOR...
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1 Answer | Asked in Uncategorized for Florida on
Q: My partner of 6 years signed over his pickup truck to me as a gift and now he wants it back

He was caught driving without a license a couple of times and actually went to jail for it, since he couldn't register the car because he had no license he signed it over to me as a gift, 6 months ago he got caught cheating and left, and now he wants the truck back and telling me that he can... View More

Jane Kim
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answered on Oct 24, 2021

If the car's title is in your name, and you did not fraudulently sign over the title into your name or he was not coerced to sign over the title to you (coerced means no one held a gun to his head to force him to sign over the title), it is your vehicle.

I am not sure what you mean by...
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1 Answer | Asked in Criminal Law, Collections and Communications Law for Illinois on
Q: Someone threw a big metal lock at my car and kicked my car and only had to pay a $200 fine and court cost no restitution

The avocet at the court house is new and she said she didn’t have my information only information filed was my old phone number and old last name. She sent me letters but no letter asking me to call her.The avocet wasn’t working there at the time i turned in my information and car estimate so... View More

Jane Kim
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answered on Oct 24, 2021

Your question is coming up under Illinois although it appears you live in MO. In any event, this will be true in either state, you can file a civil lawsuit to recover your damages, provided the statute of limitations has not run yet. Depending on the amount of damages, you may do so in small claims... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: In a Qui Tam case, can the relater file a petition to revive judgment, or only the USA can take post-judgment action?

Does the relator have the right to file any motions after the judgment was entered against me on 8/23/2007 in violation of my constitutional 5 amendment rights? I was barred from defending myself pursuant to a Mack Order in a prior case. All documents I filed were returned to me unfiled, and I was... View More

Jane Kim
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answered on Oct 24, 2021

Sounds like you did not satisfy the original judgment, and the relator is seeking to collect on it. However, it also sounds like the government intervened in the underlying lawsuit and won a judgment against you. It also sounds like you represented yourself in the underlying lawsuit, hence an... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: Does seller have to return down payment if buyer unlawfully breached contract?

Buyer broke and entered into property prior to closing and was living in property until police removed them. The contract violation ulitmately terminated sale. Do I have to return the $10,000 down payment? The buyer drilled the door locks, moved personal belongings in and was living there.... View More

Jane Kim
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answered on Oct 22, 2021

You need to read your contract, of course. Typically there are standard provisions about that and you should be able to retain the deposit. You’ll probably need a lawyer to deal with the escrow agent/ title agent on how to disburse the deposit.

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2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... View More

Jane Kim
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answered on Oct 20, 2021

You should consult with an estates and trusts litigator.

Good luck.

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3 Answers | Asked in Contracts for Florida on
Q: I was employed by a small business owner, the CEO & friend. During my employment he made a verbal agreement to pay me

$13,000 based on the presidential election results (a bet). He began paying me 2/4/21. He made 7 payments & changed the terms of payments verbally 3 times. On 9/15/21, without warning or cause ‘eliminated my position’ within the company (which has 7 employees including him). During the... View More

Jane Kim
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answered on Oct 24, 2021

If the court determines that your wager falls within the FL Statute 849.14- Unlawful to bet on result of trial or contest of skill, etc., then it is a misdemeanor of the second degree.

Then, you have a statute of frauds problem, meaning a contract is not in writing unless it was capable...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Is foreclosing on a condo hotel unit harder or any different than other real estate?

I'm looking into micro hard lending for smaller condo hotel units as no one finances them and they must be purchased w cash. They will only lend 100k or more which is more than the cost of many units. If I required 50% down this would secure the loan adequately. Are these units treated any... View More

Jane Kim
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answered on Oct 15, 2021

Mortgage foreclosures for residential and commercial properties follow substantially the same judicial process.

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2 Answers | Asked in Business Law for Florida on
Q: Can an employer open an LLC in different state under my name? Now they ask me to open a business account under my name.

Without my knowledge. They already opened an LLC and sent me the paperwork to open the business bank account. Is it legal? I don’t understand how can someone open an LLC under my name without me being involved?

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answered on Oct 15, 2021

Obviously more facts are needed. But unless your name is Ford and someone opened another Ford and sells cars there, why not? Would their opening a business, using what happens to be your name, is creating some sort of market confusion? Is your name trademarked? Is your name already being used in... View More

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1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: As an MD, do each of my patient visits need to have a medical record?

I am a solo-practitioner that does not accept any insurance.

Jane Kim
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answered on Oct 14, 2021

Pursuant to Code of Medical Ethics- Medical records serve important patient interests for present health care and future needs, as well as insurance, employment, and other purposes.

This obligation encompasses not only managing the records of current patients, but also retaining old records...
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