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Questions Answered by Andy Wayne Williamson
1 Answer | Asked in Consumer Law, Contracts, Criminal Law and White Collar Crime for Florida on
Q: finding discoveries of fraud eight to ten years after commission by concealment, undeniable proof, have we got a Case?

Discovered Defendants did not have required State Licenses with three Departments of State to transact any business, and Defendants failed to complete the Fictitious Name Act registering with Division of Corporations, these for a basis, with egregious violations of FL law and Federal. Have proof of... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

What you describe is too complicated to evaluate via this free legal question and answer site. You truly need to consult with a civil litigation attorney in your area to get a full and complete evaluation.

1 Answer | Asked in Contracts, Business Law and Collections for Florida on
Q: If a judgement is ordered for monetary of 10,000 and to post collateral of 260,000 but do not have collateral then what?

I have terminal cancer and only have my homestead, life insurance and I am on Social Security Disability. What happens next?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.

2 Answers | Asked in Real Estate Law for Florida on
Q: Property mgmt corp on Florida residential lease is not registered with the state. Does this affect validity of lease?

I have a 12 mo Florida residential lease with 6 mos remaining. The "owner" of the property is a trust (property owner a resident of Canada). The "landlord" on the lease is a Florida property management company (corporation). Upon checking state records, I discovered that the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

I agree with Attorney Klurfeld's response and analysis. Nothing to add.

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2 Answers | Asked in Real Estate Law for Florida on
Q: We had a real estate agent come to our house to give us an idea on what we could sell it for. We did not sign a contract

If that agent sends another agent with a client to see the house and we allow it, does that mean that you now have a verbal contract with the original agent?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

I agree with Attorney Klurfeld. It depends.

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3 Answers | Asked in Probate for Florida on
Q: Can vehicle title be transferred directly from the deceased to a buyer?

I'm the Personal Representative of my father's estate. His vehicle is included in his will. Estate has no debt. I have a buyer who wants to purchase the car. The vehicle title is still in the name of my father. As Personal Representative of the Estate, can I sell the car to the buyer and... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 19, 2018

I agree with Attorney Kaufman.

Typically a tag office will require title to first transfer into the name of the PR. Then the PR sells to the buyer.

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2 Answers | Asked in Real Estate Law for Florida on
Q: i have a quick claim deed on my house and i wanted to know a few things.

1 does the mortgage company have a copy of this

2 will this give my son who is on the quick claim deed the right to sign any papers sent by the mortgage company. for example a modification on the house. i do not want anything to do with the house since i bought it for him and his wife. this... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 19, 2018

If you bought the property via a loan from a mortgage company and then you deeded the property to your son then he is the owner of the property. However he is most likely not on the loan. Therefore he has no legal right or ability to do anything with the loan. He cannot modify it. He can send... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: We were leaving our house, notice to cars sitting on the road, at the end of our driveway talking. We got in the car my

Put the car in reverse and hit the woman cuz she pulled in right behind us. We have like an acre in our front yard she pulled into the middle of our front yard and just passed us so when he backed up he couldn't see her and hit her on her passenger side. She said she saw us backing up and hit... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

Potentially yes. Best thing to do is notify your insurance company and let them handle the matter. This is why you pay for insurance.

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1 Answer | Asked in Consumer Law for Florida on
Q: I haven't made a payment in more than 5 yrs and do not want the property or live in it now. Am I liable for the loan?

I am on limited income and just want the bank to foreclose without having to pay anything since I was told the statute of limitations has expired. Thanks.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

There’s not enough info in your post to answer your questions. You should consult with a real estate attorney in your area to have the foreclosure action reviewed and then get specific advice.

Good luck.

1 Answer | Asked in Consumer Law for Florida on
Q: Do I have to pay the full amount when other party didn't live up to agreement?

Part of finance agreement (tire purchase) was unlimited alignments on vehicle. They twice refused to do alignments on my vehicle. The first time because they said it needed work and the second time because I didn't have the receipt from the work although it was done. Do I have to pay the full... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

No way to say without reviewing the contract documents which cannot be done here online. You selling the car does not relieve you of the obligations of the contract. Now that you don’t have the car it will be hard to show that they will not honor their part and do an alignment.

1 Answer | Asked in Real Estate Law for Florida on
Q: My ex husband is deceased. We were divorced but owned a house together. He remarried but I am still on the deed.

His widow tells me he willed his half of the house to her. She is living in the house and pays the mortgage, but she is not on the deed. He refinanced the property in his name only. The house is in Cape Coral, FL. How much will she receive once we sell the house?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

No way to say without first reviewing the deeds related to the property which cannot be done here online.

You need to consult with a real estate attorney in your area to get specific advice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If a landlord's claims your security deposit, does the letter need to be received or mail with 30 days?

I moved out on March 15, 2018 and the landlord said he mailed a letter on April to express a claim for my deposit. Does the letter need to be delivered within 30 days or just mailed within 30 days?

Thank you

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

Yes. If the landlord fails to comply with the statute his claim against the security deposit will fail. Obviously if he can shoe the letter was sent timely that could be enough for him to make a claim. Then you have time limits to comply with in order to challenge the claim.

Good luck.

1 Answer | Asked in Contracts for Florida on
Q: " Formal tender of an executed deed and purchase money is hereby waived" What does this mean in plain english?

I'm the buyer of a house, that I don't want to lose, and that is in the contract.

Thanks

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

20 years handling real estate law. Not a clue what that means. Probably time to hire a real estate attorney in your area to review the full contract and the situation and get specific advice.

1 Answer | Asked in Contracts for Florida on
Q: I have an unsigned contract with a fencing company I gave them a deposit

He says in Florida I deposit is the same thing as a sign contract

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

No. Paying a deposit is not a contract under Florida law. However he might be able to argue that an oral contract was formed by paying the deposit. But no way to say based upon the listed facts here online.

Good luck.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I have an auto loan in just my name. I submitted an application online to refi that loan using both my wife and myself

I have an auto loan in just my name. I submitted an application online to refinance that loan using both my wife’s and my information, including our address, income, etc. They immediately pulled credit for both of us. Two days later I got a notification that our loan was approved and to call the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

Should they have known? Yes. However I doubt it is worth the effort it will take to try to go after them.

Hope this helps. Good luck.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can I be awarded lost wages if I miss work because a small claims case was reopened on false claims by the defendant?

The defendant claimed not to have been served but we have a signed return receipt in their handwriting. The default judgment was thrown out and we now have another pretrial hearing, probably followed by an actual trial. Lost wages aren't usually awarded in small claims, but is this a situation... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

No. You cannot. You time off work is a cost associated with your filing of the lawsuit but it is not reimbursable in the court case as you are not an attorney.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: If I own an investment company IBC in Belize under a nominee director and shareholder, am I a CFC? (View details)

So I own an investment company we invest in currency exchange. The IBC was opened in Belize under a nominee director and shareholder, we have no actual dealings with US products or persons and everything is done online, I plan on bringing all the money back to states and declaring it as personal... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

This is way too complicated a situation to be answered via this type of forum. You need to hire a tax attorney or accountant to review this situation and give you specific advice.

5 Answers | Asked in Real Estate Law for Florida on
Q: If a real estate Buyer makes an offer on a house actively listed with a real estate agent.

And the seller decides not to sell. Does the buyer have any rights to make the seller sell?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

Between the buyer and seller no so long as no contract was signed. There might be an issue as to the realtor commission as the realtor produced a buyer.

Good luck.

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2 Answers | Asked in Estate Planning for Florida on
Q: Is a co-trustee on a family trust liable for personal debts incurred by other co-trustees if debt is paid from trust $?

I am a co-Trustee on my parent's Family Trust. Both parents are alive and both are co-trustees. My father has incurred personal debt which he services from the Family Trust checking account. I am a co-signor as a trustee on the checking account, but the account funds are strictly my parents.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

You are not liable for a debt unless you signed for an agreed to be liable for the debt. It appears in this case your Dad made the debt. Thus you are not liable.

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2 Answers | Asked in Real Estate Law for Florida on
Q: If you are purchasing a home (cash transaction) and wish to have it titled in someone else’s name (gifting) can the

Funds be paid directly to the closing attorney or must they first be transferred to the new owners and have them withdraw and pay at closing? (Florida real estate)

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

Typically the funds should be deposited directly with the title company.

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3 Answers | Asked in Probate for Florida on
Q: Can my sister have me kicked out by going to probate?

My son & I have lived here with my mom and dad for over 20 years and i was their caretaker until they passed. I had power of attorney for both and I'm on their joint bank account. Mom passed away in Dec and dad in Apr. My sister wants the courts to kick me and my son out so the property... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 18, 2018

If you and your sister are the two heirs then likely yes. You need to hire a probate attorney to represent you in this whole situation.

Good luck.

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