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Florida Contracts Questions & Answers
3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 22, 2025

You can easily enough be removed from any deed, I would not encourage that until and unless your friend refinances and gets you off of the loan and you are paid anything you are owed, if anything. Removing yourself from the deed and not getting you removed from loan will leave you responsible with... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

Jacqueline Alicia Salcines
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Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2025

Removing your name from the title or Deed is easy, via a quit claim deed that an attorney can prepare for you. However, in order to remove you from the mortgage, the lender will need to approve this, and 99.9% of the time, they dont. If you are not the borrower and have no skin in the game, the... View More

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1 Answer | Asked in Divorce and Contracts for Florida on
Q: Seeking guidance for amicable divorce paperwork and court filings in Florida with all terms agreed upon.

I am seeking guidance on executing the required paperwork and court filings for an amicable, peaceful divorce in Florida after 27.5 years of marriage. There are no children involved, and my spouse and I have agreed on all terms, including a detailed settlement covering all marital assets. We have... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 21, 2025

All of the necessary forms are available online for free... View More

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

If he will accept your portion of the property, you can deed it to him. However, that does not end your financial obligation under the mortgage. If he does not pay it, your credit will be affected. If you want to force the sale of the property, you can through a partition lawsuit. In a partition... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 20, 2025

If I understand you correctly, you wish to waive whatever rights you have regarding the property, both possessory and financial, as well as whatever rights you have to insurance proceeds, even though you may be giving up a very substantial amount of money. Yes, you can waive your rights and sell... View More

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1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: Can landlord charge for water mid-lease in FL?

Can my landlord charge me for water in the middle of my lease term because the association stopped paying the water bill? My lease, which began in November 2024 and has no amendments, states under "Utilities" that the landlord will provide and pay for utilities included in the... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2025

If I understand you correctly, you live in a complex or condo bldg. and are renting a unit from the unit owner, and in that complex or condo bldg., none of the owners had to pay water bills for their particular units (because water was included for the maintenance fees) until recently, when the... View More

2 Answers | Asked in Contracts, Intellectual Property and Business Law for Florida on
Q: Can I use Disney in my book title as a retired executive?

I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More

Erik A. Perez
Erik A. Perez
answered on Feb 17, 2025

It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Liability for fraudulent ACH chargeback dispute with $20,000 damages.

I am the victim of a fraudulent ACH chargeback dispute filed by my mother, who had agreed to assist me with my bills for 6-8 months. She gave me access to her bank account with verbal permission to use funds to pay my bills. Due to a separate issue, she threatened to reverse all funds by filing... View More

Martin George Prego
Martin George Prego
answered on Feb 14, 2025

Under federal law, potential liability for your mother and the bank in this ACH chargeback dispute involves multiple legal considerations:

1. Your Mother’s Potential Liability

Your mother may be liable for fraud or unjust enrichment based on the following factors:...
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1 Answer | Asked in Personal Injury, Contracts and Legal Malpractice for Florida on
Q: Do lawyers take fees from auto insurance recovery for same injury?

I settled my personal injury case for $100,000, from which my lawyer took a 40% fee, plus $1,675.25 in additional fees, placing the rest in trust. Now they are going after my auto insurance for $25,000 related to the same injury without explaining if they will also take a fee or percentage from... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 14, 2025

Judging from your facts and it’s still a little bit unclear, but the most likely situation is that the $100,000 was paid out from the bodily injury liability carrier of the other driver. And now there’s $25,000 under your own policy and what is called uninsured motorist (UM) policy And... View More

1 Answer | Asked in Contracts for Florida on
Q: Can a person be legally served papers if they are served to a housemate and their last name isn't obtained?

I was handed papers for a housemate, but the server did not take my last name, is it still considered, in the state of florida, that those papers are served legally?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 10, 2025

Yes. The server can serve anyone who is age 15 or above residing in the same house unless personal service is required to the named person. Personal service is generally required for service of a final judgment or a subpoena to appear in court, but not for complaints that initiate litigation.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I am being told I have to pay until the 29th of march and stay until the 29th of march when my lease ends on march 10th.

I don’t understand why I would have to stay and pay past the date my lease agreement says.

Erik A. Perez
Erik A. Perez
answered on Jan 29, 2025

You do not have to stay past or pay for days beyond the end date of the lease that was executed by the parties. Technically, it would be a breach of contract if you stay beyond the date agreed to by the parties. I would not stay beyond that nor pay for it if the contract says otherwise.

2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

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1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
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2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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