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acknowledged they received them. although I know that they did
answered on Dec 4, 2023
30 days. The attorney doesn't have to acknowledge receipt. If you don't know the basics, you need to hire an attorney. You should hire an attorney because the other side has one.
Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.
Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More 
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answered on Dec 3, 2023
I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More
Past week of the contact we are told that the budget proposal will take place on our closing date and the hoa fee will be 570. Our broker is telling us that legally we are not able to exit the contact. What do we do
answered on Nov 22, 2023
Your dad will need to consult with a real estate lawyer to review the contract. The broker cannot give legal advice and the broker's interest is in making the commission, not getting your dad out of a sale. No one should buy, sell or lease real estate without a lawyer to review the documents... View More
I can't transition this timeshare with a "cloud" I don't know where to go to find out what to do.
This is a week of timeshare I am trying to give back to Diamond Resorts which is now owned by Hilton Grand Vacations. They won't accept the transition with a cloud on... View More
answered on Nov 17, 2023
A cloud on title is some sort of claim or imperfection in the documentation (normally a deed) by which you own the property. If the description in your deed is incomplete, you probably need to get it corrected. Confer with an attorney for more specific information.
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
United States v. Joseph G. Moretti, Inc., 331 F. Supp. 151 (S.D. Fla. 1971)
US District Court for the Southern District of Florida - 331 F. Supp. 151 (S.D. Fla. 1971)
September 2, 1971
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answered on Nov 9, 2023
If you're looking for information on how these cases affect your current situation regarding access to water, you should review the most recent and relevant case law or statutes, as the implications of the case may have evolved over time. It would be advisable to consult with an attorney who... View More
The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.
She was at the closing as a “friend” of the buyer.
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answered on Nov 6, 2023
You are not clear about who the remainderman is. But you can probably sue to set aside the
Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.
I live in ny.
Deed is written in his name OR mine
He’s 75 years old
answered on Nov 6, 2023
It depends on what your divorce papers stated upon your divorce and whether the home has homestead protection. Usually, a home of this type as a primary residence in the State of Florida is deemed homestead and protected and not subject to nursing home/Medicaid and the like.
We closed on October 23rd. Now we get a letter saying they are underfunded by 200,000 and want to double the HOA fees. This comes as a huge shock. We thought we did everything right. Is there any legal recourse we can take besides selling it?
answered on Nov 5, 2023
Your question has nothing to do with Florida law. Youi need to consult with an attorney licensed in Ohio to review the pertinent documents and see if the HOA can get away with it.
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
a motion to dismiss need to be filed with the court first? thank you
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.
First paragraph while answering my complaint individually. Is that just a game they’re playing because I looked up some of their other cases and they say the same thing or is it a real motion that I need to defend?
answered on Oct 23, 2023
It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.
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
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?
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
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.
Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we... View More
answered on Oct 22, 2023
This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.
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
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