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I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More 
answered on Sep 17, 2024
I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More
answered on Sep 13, 2024
Yes, a real estate transactional lawyer. This is a general question and answer forum and not meant to establish an attorney-client relationship.
Don't sign anything without having a lawyer look at it. No one should buy or sell real estate without a lawyer. The number of things... View More
I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More
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answered on Sep 13, 2024
Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More
I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is... View More
answered on Oct 2, 2024
In order to terminate a lease in Florida, you either need consent from the LL or a basis under the Landlord Tenant Act/ Contract. In this case it appears you did not have consent. In order to have a basis under the statute, it appears you would have needed to send a 7 days notice to cure and... View More
The unit wasn’t properly maintained prior to move in, every door and window has large drafts causing electric to sky rocket and bugs to enter. 4 weeks it took maintenance to come out and that’s because I had to keep calling and complaining. One window was off its track, everything needs weather... View More
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answered on Sep 1, 2024
Sorry you are going through this. If the correct letter is sent that complies with Florida Statute and law, yes it can be. Consult with us in order to advise what you need to do so you can get the right letter to the landlord, cancel the lease and have all the deposits returned to you.
I was threatened by another company's VP for "willfully and wrongfully withholding payment" and he stated that " it will fall on me and word is going to spread in the industry" if I do not pay an invoice that is 5 years old. I started working at the my company 5 months ago... View More
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answered on Aug 22, 2024
The situation you describe involves potential legal claims related to defamation and coercion. Here’s how you might approach this:
(i) Slander and Defamation: Slander refers to a false spoken statement that damages a person's reputation. If the VP's statement that you are... View More
Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.
answered on Aug 19, 2024
The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.
I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.
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answered on Sep 2, 2024
Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.
i. Warranty Deed: Provides the highest level of protection,... View More
Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More
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answered on Aug 19, 2024
Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.
I posted a 1-star google review on a jet-ski business and now they want to file a lawsuit for defamation.
I used the business service while I was in vacation on Tennessee, I live in Florida and simply posted what my experience was.
Here is the review: I had a terrible experience... View More
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answered on Sep 1, 2024
Defamation involves making a false statement that harms a person’s reputation. If your review is based on your honest opinion and factual experiences, it is generally considered protected speech. Describing what happened during your jet ski rental and your perception of the business's... View More
A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More
answered on Sep 8, 2024
The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More
These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More
answered on Sep 6, 2024
You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More
I don't know what to do?!?!
answered on Sep 5, 2024
First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More
I was pulled over on many different occasions for a bad tag or driving without a license I had lost my job and was living in my car ...my license was suspended and taken for 5 years when I got a job I wanted to get things resolved unknowingly paying all the fines would make me an habitual offender... View More
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answered on Aug 31, 2024
It sounds like you’ve been through a tough situation, and it’s understandable that you’re concerned about your rights. The suspension and revocation of your driver’s license are typically based on state laws, and while it may feel unfair, the government does have the authority to enforce... View More
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answered on Jul 31, 2024
When buying an LLC, it's important to conduct thorough due diligence to uncover any potential liabilities, including lawsuits and unpaid taxes. Start by reviewing the company's financial records, contracts, and any ongoing or past litigation. It's wise to hire a legal professional to... View More
Currently my mom has been living in the house that I grew up in, after my father divorced her her world went crashing down. I think some where around 2017-18 in the those 7 years she hasn't worked, filed taxes, and the house is in disrepair, I am the only one who takes care of the yard. My mom... View More
answered on Jul 24, 2024
If, as you suggest, she is not in her right mind, she would not have the capacity to execute a POA, so a guardianship would be what you need.
answered on Jul 6, 2024
A Florida attorney could advise best, but your question remains open for two weeks. It could depend on your contract and the type of insurance. If the deal was done "as is" and the insurance is limited to basic liability and physical damage, then probably not. If it was a repair-type... View More
My wife invested 30k with a friend that I’ve known for 40+ years which I didn’t know that he scammed others for millions until it was all over the internet that’s when he turned on me when I started to ask if she can have her money back it’s just all messed up when he started send photos... View More
answered on Jun 27, 2024
If anyone acts as another’s financial advisor snd invests money in the capital markets, they have to be licensed to do so. You should file against him with the SEC and FINRA as well as Floridas department of BPR and have him investigated and potentially prosecuted. Additionally the federal... View More
answered on Jun 26, 2024
If your contract includes a binding arbitration clause, it generally means that disputes arising from the contract must be resolved through arbitration rather than through court proceedings, including small claims court. By agreeing to arbitration, both parties typically waive their right to sue... View More
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