I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.
answered on Nov 24, 2023
For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More 
My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?
answered on Nov 24, 2023
Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
answered on Nov 19, 2023
You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More
deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?
answered on Nov 14, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
answered on Nov 11, 2023
If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
answered on Oct 25, 2023
In a Ch. 7 bankruptcy, no lien is discharged (thanks to a US Supreme Court opinion in the Dewsnup case, despite Bankruptcy Code language to the contrary).
What is discharged, however, is an unsecured deficiency amount in the Mortgage indebtedness.
Some liens can be converted to... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Nov 4, 2023
If a mortgage was discharged in a previous bankruptcy and the home was later refinanced, the new mortgage is not covered by the previous discharge; it is a new loan with its own terms. If only one spouse's name was on the original discharged mortgage and both spouses took on the new loan, both... View More
a motion to dismiss need to be filed with the court first? thank you
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answered on Oct 24, 2023
The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.
I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement
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answered on Oct 23, 2023
You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
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answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More
I would like to add some one to my deed, please tell me which form should I use. We would like to establish joint tenancy with the right os survivorship. I do not want to ransfer the property to their name only have two people on my deed. Thank so much for your help.
answered on Oct 21, 2023
I would encourage you to speak with a real estate and or estate planning attorney in the state where the property is located. based on what you are precisely trying to accomplish and why will make a big difference with respect to what you may want to consider doing. For example, is this property... View More
can the myfloridaccess.com be used to serve interogatories?
answered on Oct 20, 2023
After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More
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answered on Oct 17, 2023
After a defendant answers a complaint in Florida, the next step is typically for the plaintiff to file interrogatories. Interrogatories are written questions that are served on the other party to the lawsuit. The other party is then required to answer the interrogatories in writing. There is no... View More
Someone did a balloon mortgage loan so I wouldn’t lose my house for 30,000 for 2 years I paid interest now it is time to pay the 30,000 I don’t have it could I lose my house?
answered on Oct 16, 2023
Losing your house to foreclosure is only one option of many. You could also: 1) Negotiate a modification, 2) Refinance, 3) Sell the property and cash in equity, 4) Answer the foreclosure to set up a defense that buys you enough time to find alternate living arrangements, 5) Bankruptcy to clear up... View More
Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?
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answered on Oct 10, 2023
In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More
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answered on Oct 10, 2023
In Florida, interrogatories and requests for production are distinct discovery tools. Interrogatories are written questions that require written answers under oath, whereas requests for production ask a party to provide specific documents or tangible evidence. While both are part of the discovery... View More
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