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Questions Answered by Jane Kim
2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
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answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: What is my responsibility as the seller to property's HOA agreement to mediate?

I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... View More

Jane Kim
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answered on Dec 15, 2021

Typically, HOA receives a copy of the sale and purchase contract prior to closing in order to respond with a letter confirming if there are any outstanding dues do and if there are any special assessments, etc. and to do a credit check on the new owners. Therefore, the HOA must have been on notice.

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1 Answer | Asked in Real Estate Law for Florida on
Q: satisfaction of mtg not recorded. Demanding more money after she was paid. Reason due to argument with my son.

What can I do.

Jane Kim
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answered on Dec 15, 2021

I am not sure who extended the mortgage to you in the first place, which would make a difference. If this person is the mortgagee, then you'd need to file a Declaratory Action in court asking the court to determine your rights under the mortgage. Hopefully, you had a sale and purchase... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: I have a summons (Civil suit for debt under $8,000) and a 'Case Management Order' What can I do?

Actually my daughter and son-in-law are the plaintiff. They have verifiable mitigating circumstance and significant loss of income due to medical issues. Family is 2 adults and 2 children..... I just do not know enough to know what needs to be done to respond. They have a court date of 12/30. They... View More

Jane Kim
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answered on Dec 15, 2021

This is in Small Claims Court, which is designed for people without lawyers. The process is simpler than in any other court. They should definitely appear on the date scheduled, they will be advised to file a written answer, there will be mediation between the parties and a small trial later, if... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: Neighbors are using my private road as an address without my permission-How can I force them to change their address?

About 6 years ago, my predecessor gave a new non-landlocked household permission to connect to my private road, for ingress/egress & as an address (without granting an easement). A few weeks ago, I revoked my predecessor’s permission, via an attorney letter. During the process, I requested... View More

Jane Kim
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answered on Dec 11, 2021

Sounds like you already have a lawyer familiar with your situation and who provided at least some advice on the matter. You should probably get back to him/her to clear up your residual issues.

On the other hand, it sounds like you need to attend to the remaining items in a practical way....
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1 Answer | Asked in Civil Litigation for Florida on
Q: Can I sue an Electric Company that was contracted to re-wire my house for negligence? details below.

This Company I contracted with was re-wiring my house. They left early one day and forgot to put a cover back on the breaker box outside of my home. They told me the power was off so it didn't matter. Unfortunately, there was power (100 AMPS) that was exposed to elements, my wife, kids, pets,... View More

Jane Kim
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answered on Dec 9, 2021

You must show damages, and I did not read any damages for the first instance. As to the second episode, if your personal items were damaged in the garage due to their negligence, you can ask them for their insurance and make a claim there. You may also try making a claim to your homeowner's... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can someone claim adverse possession of a property owned by a deceased person?

My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... View More

Jane Kim
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answered on Dec 9, 2021

Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...

1 Answer | Asked in Real Estate Law for Florida on
Q: Does a property title stating JOWRT gives us both 50% interest in the sale proceeds of the property?

I am going to be selling a home that I own with my ex-boyfriend. He put in 100,000 and I put in 50,000 towards the down payment, however, it is titled Joint Owners With Rights of Survivorship. (JOWRT) I proposed for each of us to take back the funds we contributed and then split the remaining... View More

Jane Kim
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answered on Dec 8, 2021

Joint tenants with right of survivorship means you own half of the whole, meaning you split 50/50. To get around this, you should have a separate written agreement, otherwise 50/50 is the presumed ownership. How do you inform him of this? Just Google the term, it'll come up. (-:

4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Jane Kim
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answered on Dec 3, 2021

When there’s a judgment entered against you there’ll be a separate lawsuit to collect, and they will issue a citation to discover assets to you. That’s when you can indicate your limited income to demonstrate you’re not collectible and that your limited wages cannot be garnished.

Good luck.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Real estate sales contract differs from closing documents.

Sales contract indicates individual is purchasing property however, closing documents show husband and wife. We are told a divorce is in progress. Is this acceptable that the documents don’t match? Florida real estate law.

Jane Kim
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answered on Dec 3, 2021

That's fine, so long as your financials are the same (closing documents control). And both spouses must always sign, even if one is on the Note and only one intends to live there.

3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Jane Kim
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answered on Dec 2, 2021

HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.

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1 Answer | Asked in Real Estate Law for Florida on
Q: What happens if I do not pay my Broker ICA agreement fees for canceling early ?

My Florida real estate license expired recently and now my broker sent my a bill for $3300.00 dollars for canceling our ICA contract early . What happens if I cannot pay that fee?

Jane Kim
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answered on Dec 2, 2021

Ask your licensing board.

2 Answers | Asked in Real Estate Law for Florida on
Q: Good morning. PC bought land in Naples. Legal description mistakenly included additional 2 Legals. Purchase was from 3

Different Trustees. Title co Old Republic insured and now says sorry it was typographical mistake on Deeds and title. 2other lots are now owned by Synergy co.

Looking for referrals and advise

Jane Kim
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answered on Dec 2, 2021

If everyone agrees it was a scriveners error, they can file a corrected deed.

THIS ANSWER IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE INFORMATION PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING IN THIS ANSWER SHOULD BE TAKEN AS LEGAL ADVICE FOR ANY...
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2 Answers | Asked in Business Law and Contracts for Florida on
Q: if buyer defaults on contract and is awarded escrow deposit. How is that distributed with his realtor?

The sellers realtor not buyers

Jane Kim
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answered on Dec 1, 2021

I hate to say this, but it depends on what your agreement says. Although it depends on the reason for buyer’s default as well. I just dealt with a similar situation… and Seller kept it all. But really depends on your facts.

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2 Answers | Asked in Real Estate Law for Florida on
Q: On the deed of a condo. Not on the mortgage. Not married to mortgage holder. Do I have any rights to condo, equity, sale

Lives in condo and paid mortgage and all associated expenses for 10 years. Mortgage holder has lived there last 5 taking care of expenses and mortgage although has let it go to foreclosure 3 times but managed to save it. I just would like to cut ties but would like to walk away with something.

Jane Kim
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answered on Dec 1, 2021

It is difficult to understand what you are saying in writing. It would help if you provided a copy of the deed and a mortgage to a lawyer for review and proper advice. If someone is on the deed and you want to cut ties with them, I am not sure what exactly you mean, a forced sale?

THIS...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: corroborating evidence. How is it used exactly and what does it consist of. Dependency fl

At the adjudicatory hearing even though I was there at 9am as scheduled, although all other parties were provided with links to attend via voom, I didn’t leave the building till 3:30 that day without seeing the judge and when I asked what was going on the bailiff said I couldn’t speak to the... View More

Jane Kim
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answered on Nov 28, 2021

Are you talking about a child custody issue? Why don't you repost it under family law. And in any event, clearly you need a lawyer.

1 Answer | Asked in International Law on
Q: Hello, Ask a Lawyer,

If my parents renounce the citizenship 1 year before I was born, am I eligible for us citizenship. I have Israeli citizenship.

Jane Kim
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answered on Nov 27, 2021

You should repost it under Immigration and Constitutional Law categories.

1 Answer | Asked in International Law for Arizona on
Q: I anticipate my patent will be granted soon. How would recommend I proceed for international patenting?

When USPTO publishes, is it too late for me to pursue global patents?

Jane Kim
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answered on Nov 27, 2021

You should repost this question under Patents (intellectual property) category.

1 Answer | Asked in Products Liability and Business Law for Florida on
Q: Can a licensed esthetician in Florida preform teeth whitening services if certified?
Jane Kim
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answered on Nov 27, 2021

You need to call your licensing board and ask.

2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... View More

Jane Kim
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answered on Nov 27, 2021

Just call them!

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