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Questions Answered by Jennifer Isaksen
1 Answer | Asked in Real Estate Law for Florida on
Q: If I own 1/9 interest in inherited property, am I free to sell to another owner? What about an outside party?

the property is 90 acres gifted to my siblings and I.

Jennifer Isaksen
Jennifer Isaksen answered on Jun 1, 2018

Yes, but bear in mind that you can only sell what you own. If you could find a buyer for a 1/9 interest in the property, then the buyer would receive only your 1/9 interest, so it would be unlikely to find such a buyer, but probably not impossible. Best of Luck!

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I win a final judgement for $3000. How much would it cost to put a lis pendens on a property of the losing party.
Jennifer Isaksen
Jennifer Isaksen answered on May 24, 2018

Your judgment is automatically recorded in the public records, but in order to create a lien against real property, you must go to the Clerk and purchase a certified copy of your judgment and re-record it in the public records. That would stand as a lien against real property and attach to any... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: I have a real-estate question.

I have a real-estate question. I out money down to buy a home in Florida the well test cam back with e coli. What can I do legally at this point?

Jennifer Isaksen
Jennifer Isaksen answered on May 11, 2018

Your purchase Contract should have a provision for an inspection period. Hopefully you are still within your inspection period and if so, under the terms of the Contract, you should be able to give notice to the Seller, cancel the Contract and get a refund of your deposit. It may be worth your... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Where do I go to get my name on the deed of the house I live in with my husband ?
Jennifer Isaksen
Jennifer Isaksen answered on May 10, 2018

You will need to contact a real estate attorney to research the property details and draft the correct document for you. Jennifer

2 Answers | Asked in Probate for Florida on
Q: Special verbiage for a CA will/trust if my dad has Florida property only in his name but is intended for me (daughter)?

Updating his will and living trust and our attorney here in Cali says we need the legal terms for a transfer of deed (I think) and since she is not licensed in Florida, she needs a referral. Hope that makes sense.

Jennifer Isaksen
Jennifer Isaksen answered on May 10, 2018

A Florida real estate attorney will be able to coordinate with your California attorney to make sure everything is taken care of in accordance with your father's wishes and in the proper manner. Jennifer

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2 Answers | Asked in Real Estate Law for Florida on
Q: The owner of a property is in default of mortgage payments: can she deed the property to a third person and what are the
Jennifer Isaksen
Jennifer Isaksen answered on May 10, 2018

I agree with my colleague, the owner can deed the property subject to the existing mortgage, but know that the original owner is still liable for the debt owed against the property. This is very important because if the new owner does not pay off the current mortgage and the property goes into... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can I file a quitclaim deed for a property and not sign the Petition for Summary Administration my cousin is mailing me?

When my grandmother died, I was left out of her will. A small piece of land belonging to her wasn't included in the will and her other grandchildren, who inherited her estate, want to sell it after it goes through Summary Administration. I want no part of any of it and want to quitclaim and walk... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on May 8, 2018

I am sorry for the loss of your grandmother and your current situation. If the parcel of property was not included in the original probate, it is still in your grandmother's name (or her Estate) and cannot be deeded to anyone until probate is finalized. If there is a Petition for Summary... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My now husband bought a house a few months before we got married and I’m not in the mortgage or the deed.

If anything happens to him will I own the house considering I’m his wife ??? Or do I have to put my name on the deed?

Jennifer Isaksen
Jennifer Isaksen answered on May 8, 2018

It's a little more complicated than a "yes" or "no" answer. Generally, "yes" you would own something, but it could only be a partial interest. I would need more information to give you a good answer, such as does your husband have a Will? Does he have children by another marriage? The best bet... Read more »

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Strategic default. What are the chances of deficiency judgement? Can a lawyer help prevent this?

Current on all payments. The mortgage company will know it is a strategic default. I just don't want a deficiency judgement against me. The house is on the market right now. The value is slightly above the remaining mortgage. I'm just trying to plan ahead if it doesn't sell. I close on my new... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on May 6, 2018

We have seen actions to collect on deficiencies following foreclosure much more frequently than what we traditionally saw at the beginning of the housing collapse. Hopefully you will sell before foreclosure, but if you don't and a foreclosure action is filed, I highly recommend that you engage... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Can I assume the mortgage of my deceased Mom's home?
Jennifer Isaksen
Jennifer Isaksen answered on May 6, 2018

I"m sorry for your loss. You can continue to make payments, but there is no guaranty that the mortgage company won't call the loan due. Most mortgages have a Due on Sale clause that allows the lender to call the loan due if there is a transfer of ownership. In this case, since your Mom has... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Deceased ex husband never signed court order quick claim deed

We had 2 children and they want me to have the home.

I need to leave the home due to my safety for a neighbor.

I do have restraining order for my neighbor.

Jennifer Isaksen
Jennifer Isaksen answered on May 4, 2018

I'm sorry for your situation. It's possible you can re-open the family law matter and ask for the court to enter an Order transferring the property into your name. You will need to schedule a consultation with an attorney to determine the exact options available to you. Best of Luck! Jennifer

2 Answers | Asked in Probate for Florida on
Q: if someone passes away suddenly, lives alone, what can the relatives throw out before probate ? food? old clothes

she was a horder

Jennifer Isaksen
Jennifer Isaksen answered on Apr 30, 2018

I am sorry for your loss. You will want to discard food items and trash. The personal items are technically part of the probate estate and would normally be distributed by the terms of the Will or Florida law, by the court or by an appointed Personal Representative. Sometimes a probate isn't... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: I was served with Complaint of Ejectment papers. I filed a written response in court within 20 days. What happens next?

I was living with my now ex fiance for two years. He served me wit a Complaint of Ejectment on April 5, 2018. Before this time, I never recieve any type of documentation from him asking me to leave. I asked him to provide me with enough time to find another place to live. I even asked him to... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Apr 25, 2018

I'm sorry for your situation and I understand your frustration trying to negotiate resolution with someone that refuses to negotiate! An ejectment action is basically an eviction against someone that does not have a lease. Your ex will have to schedule a hearing, so you will have your opportunity... Read more »

2 Answers | Asked in Probate for Florida on
Q: I Quit Claimed deeded land to father and Stepmother.No right of survivorship noted. Dad passed in 2012 Stepmom in 2018.

Her heirs are claiming property. What about my rights.

Jennifer Isaksen
Jennifer Isaksen answered on Apr 25, 2018

From what I understand you deeded property to your Dad and Stepmother and now they have both passed. Since your Dad passed first, the property most likely automatically went to your Stepmother in 2012. The question would be whether your Stepmother left you in her Will. If not, you do not likely... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My brother died intestate in Miami, FL in November 2016. We need advice re ongoing probate.

Brother left considerable debt (about $20,000). Bo's only assets are a 25% ownership in a home in Ocala (the house was inherited from our mother; my two other brothers and I own the other 75%), and an automobile. Probate attorney filed the probate petitions in January 2017. After 16 months and... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Apr 23, 2018

I am sorry for your loss. Your best bet would be to review your case with a probate attorney, but generally, if the creditors fail to make claim against the estate for payment within the 90 days, you may not need to negotiate repayment terms and there are certain exemptions allowed for different... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Rogue trustees. That is my retirement property. I found it and got this realtor to close deal. She is aware of them.

I spoke to her and told he I had no intention of selling the property but I was stuck in CA because of trustee issues. Property is in hernando county. She don't care just wants commission and said market hot and she can sell it. But for me she wouldnt have gotten first sale to me commission as it... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Apr 23, 2018

This sounds like an issue that may require more than a web post to give you a good answer, but it appears that you are the beneficiary of a trust and you are not happy with the trustee, in which case, I would recommend you take action to remove the trustee before entering into any contract or... Read more »

2 Answers | Asked in Collections for Florida on
Q: Wife owes 300.00 to collection co. In colo., we live in fl. They said they would do a uninvolitary collection

What is a unvolintary collection?

Jennifer Isaksen
Jennifer Isaksen answered on Apr 23, 2018

I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all... Read more »

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1 Answer | Asked in Probate for Florida on
Q: How do I get my money from probate estate released to me?

My father died when I was young I was suppose to get the money at 18 but my mother ask the court for guardianship of the estate they granted it but said for me to come back to terminate it now shes unreachable I'm 21 and I dont know how to get my money. My mother is the guardian of the estate and... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Apr 22, 2018

It's hard to say without reviewing the documents that have already been filed, but the Judge should be able to hear the matter and make a decision to terminate the guardianship. You will need to hire an attorney to assist you. Best of Luck! Jennifer

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?

Jennifer Isaksen
Jennifer Isaksen answered on Apr 17, 2018

As long as there is no Contract, the Seller could take the house off the market and the person making the offer would not have any rights. If there was a Contract or if the person can prove the Seller is discriminating against the potential Buyer by not accepting the offer, but is continuing to... Read more »

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1 Answer | Asked in Foreclosure for Georgia on
Q: divorce proceedings....house in both names... by Ga. law can lawyers prevent house from going into foreclosure
Jennifer Isaksen
Jennifer Isaksen answered on Apr 17, 2018

You are posting in a FL law forum. I would re-post your question in a GA law forum if the home is in GA. Best of Luck! Jennifer

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