3 payments to the back of my loan. Now they are saying that they won't do it. Do I have a case?
answered on Jan 9, 2018
Impossible to say without review documents and your financials. I would recommend you schedule a consultation with an attorney for specific guidance.
The corporation is still on the deed as property owner. Now he is deceased, his three daughters assume they have half of the property. There is no will and they said they do not need to have his assets go through "probate". Do they have any rights to the property? Also what attorney... View More 
answered on Jan 5, 2018
The corporation should have Bylaws in place that would dictate the ownership rights and interests. The subject property would be distributed according to the provisions of the Bylaws. If the corporation was an informal family operation done on a handshake (ie, there are no Bylaws), then a probate... View More
answered on Jan 5, 2018
I agree with my colleague, only to add that the earlier you retain legal counsel in the process, the more options you will have available to you for resolution. If you have just been served, you have 20 days to file an Answer. If the bank made any error or if there is something unusual about your... View More
Repairs have not been made as stipulated in the lease amongst other things. They refuse to return calls and answer emails regarding repairs. What do I do?
answered on Jan 4, 2018
If repairs regarding the rental unit were agreed upon, such terms should be included in the Lease Agreement, including the procedure for remedy in the case of default. Most likely, there is a notice requirement that should be delivered to the Landlord in the manner described. If the Landlord... View More
I registered the quit claim deed with Miami court.
In Sep 2017 my mother died. Now I am in the process of selling this second home. The title company hired by the buyers is rejecting this claim deed because they say it does not say that I am a married woman and also it does not have the... View More
answered on Jan 4, 2018
I am sorry for your loss and the troubles that have followed. A proper deed must contain the marital status of the Grantor (ie, your Mom), so if there is an objection by the title company, it should be as to the marital status of your Mom and not you. If the deed conveying the property to you... View More
(which is what is being sold) null and void?
answered on Jan 4, 2018
Not necessarily. If the Plaintiff failed to include all of the junior lien holders in the foreclosure action or if there are lien holders with an interest superior to the party foreclosing, there could still be liens against the property and you would take ownership subject to all of those... View More
Do my brother have any rights? Since, I am owner. Do I have a clear deed?
answered on Jan 4, 2018
It is not clear without reviewing the Deed. If the deed reads "as joint tenants with rights of survivorship" then the home should transfer to you upon filing the Death Certificate in the Public Records. If the deed does not contain this language, 50% may go to your mother's Estate,... View More
Is there anything she can do? His mom wants to turn the house back to the bank
answered on Jan 4, 2018
I am sorry for the loss in your family. If I understand you correctly, your sister lived with her boyfriend for 14 years, her boyfriend owned a house in his name and passed away without a Will. If these facts are correct, there is not much legal remedy available to your sister. Florida does not... View More
They have been renting from me since 2013. .The older women lost her job about one year ago and started to pay very late. Recently I gave a non renewal notice to give them time to find another place. The lease ends in May of 2018/ However, since doing that there have been no more rent payments.... View More
answered on Jan 3, 2018
You would need to give a 3 Day Notice for non-payment and continue with the eviction process regardless of the notice of non-renewal. Just because you are not renewing a Lease does not mean they live rent free! Most Clerk of Court websites have self-help forms and instructions for evictions. I... View More
answered on Dec 26, 2017
It is better for you to wait until you are divorced. Your new home will become part of your marital assets and the title company may require that your spouse sign the closing documents anyway.
Realtors in FL are considered employees by the state but have contracts & are treated as a contractor by the "employer"/brokerage. Per their license & FL DBPR agents are designated employees. Per FL by virtue of their professional license agents can establish business accounts... View More
answered on Dec 21, 2017
There is a post judgment process to obtain earning and asset information. If it has not already been done, you need to serve the debtor with a Fact Information Sheet. If they fail to provide the information, the next step is to subpoena the person to provide the information or appear for... View More
I have a roommate for about 10 years now. He hasn't paid rent in about five years. He is bipolar on different meds. He has been going off the deep end a lot lately. Having screaming rants that go on for hours. With verbal threats against me as well. I just took him to a medical doctor visit... View More
answered on Dec 21, 2017
I am sorry for your troublesome situation. If you feel you are in danger of harm, please call the law for immediate assistance. There is a legal remedy available, but your situation is complicated, as it does not seem you are the property owner. I would recommend that you consult with a local... View More
Want to know if we can do the quitclaim without first taking mom off the original deed.
answered on Dec 21, 2017
Possibly. If the property was your mom and dad's homestead property, then yes. If it was an investment property, rental or 2nd home, then no. You should hire an attorney to draft your deed properly, so they can advise you as to what exactly needs to be done. Best of Luck! Jennifer
they don't pay rent or help with bills. been here for 2 months. I feel like I'm being held hostage in my own home
answered on Dec 20, 2017
I am sorry for your situation, but there is a resolution. If they refuse to vacate voluntarily, you will need to give them written notice to vacate, then file an ejectment action. Most Clerk of Court websites have self-help ejectment packages and instructions available online, so I would start... View More
answered on Dec 15, 2017
It will depend upon the language in the deed. If you were joint tenants with rights of survivorship, the property would become yours upon the co-owner's death. If not, the co-owner's Estate would own 1/2 and would have to go through probate. You really need to consult with an attorney... View More
I took over a lease at 1045 Euclid ave Miami Beach with the condo owner approval. After almost a year the condo association president won’t even look at my application or has even done any history Check. I dropped off the application again to repeal, onky to find the application return to me on... View More
answered on Dec 14, 2017
It's hard to say based upon a web post. The covenants and restrictions of the condo complex will contain provisions regarding rental of units. You will want to schedule a consultation with an attorney to review those restrictions and see what remedies are available to you. Best of Luck! Jennifer
The unit has been foreclosed on and owned by the bank. I can only sell to a cash buyer because banks won't approve mortgages for potential buyers because of the litigation. When does the litigation go away?
answered on Dec 14, 2017
I'm sorry to say, there is no way to know for sure. Litigation can last for many years, especially if the parties are not inclined to settle the matter. I pray your cash buyer will come to you so you can move on. Best of Luck! Jennifer
answered on Dec 12, 2017
If your boyfriend is not on the Lease, you will need to file an ejectment action against him to remove him from your home. Most Clerk of Court websites have ejectment packages available online with instructions. If you feel you need assistance, engage legal counsel in your area. Best of Luck!... View More
I will be collecting rent from this property but not selling or doing leasing.
answered on Dec 11, 2017
You will need to re-post your question in the Georgia forum. It will depend upon local laws and regs in the area where you will be doing business. Best of Luck! Jennifer
I have requested this information from the attorney handling the estate about a month ago, I received a response stating I will have it in the near future. I have since sent an email and left phone several phone messages but have not received a response as yet. I have no contact with the... View More
answered on Dec 9, 2017
You are entitled to an accounting, but if the opposing side is not cooperating, you may need to hire an attorney to assist you. Not sure of any easy solution for you. Best of Luck! Jennifer
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