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1 Answer | Asked in Foreclosure for Florida on
Q: I live in my boyfriend's house. I just found out he is in foreclosure. Am I involved?

The purchase was made before I knew him and he hid this from me. They have served him and keep asking if anyone over 18 lives with him. Do they have a right to involve me in these proceedings?

James Clifton
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James Clifton
answered on Sep 2, 2024

You will not have any financial involvement in the foreclosure. However, as an occupant of the property you may be named as a tenant in the foreclosure case. There are a lot of options for people in foreclosure that can lead to a positive resolution - loan modification, sale of the property, deed... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mom passed away in May and now my stepfather has my personal belongings and family hairlooms. What are my rights

I just want some advice as to what my rights are

James Clifton
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James Clifton
answered on Sep 2, 2024

If the items in question belong to you personally, your stepfather should not withhold them from you.

You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left...
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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage

My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More

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

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 30, 2024

A restraining order will be governed by the wording of the order. Usually that relates to some restraint on the Respondent or the person who the order was "sought against." As the previous attorney noted. if you are unsure what the order means you should consult an attorney.

You...
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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Rod Caruco
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Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: Was injured on newly renovated city property. Ground gave way and I went 3ft Into hole and recieved hip fracture.

It's was last Sept. City's insurance company says it's contractors negligence, contractors insurance says they aren't covering it. So I don't know what to do. I have 30k in medical from it and about 40k in missed work..

James Clifton
PREMIUM
James Clifton
answered on Aug 29, 2024

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: My mom made a callout post on instagram with a picture of me attached. I don’t want her using pictures of me for this.

I’m 18 and I don’t know how to go along with handling this. She constantly threatens to kick me out for shutting down her mistakes when she involves me. I just want advice of how I’d deal with this so I can rest easy knowing I won’t be in danger because of her actions online.

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2024

If you were not in a public place when your photo was taken, it's unlawful for someone to publicly post your image without your consent, and action may be taken to put a stop to it. However, regarding your mom's threat to remove you, an adult, from her home, she has the legal right to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: I feel that my previous lawyer didn’t do a good job in my personal injury lawsuit. I didn’t like offer now they want out
Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Florida attorney could advise best, but your question remains open for a month. If your attorney wants out, and you haven't signed a release accepting terms, it's possible you could explore the possibility of another firm handling the case. A review of the file would be needed to... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

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

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

I would add that most debts in the State of Florida related to contracts have a 5-year statute of limitations attached to them, it would appear based on what you have reported and if correct, that the ability to collect this debt may have expired (thus the threats), you should review the statute of... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Communications Law for Florida on
Q: How should I respond to being threatened by another company's VP?

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

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Am I to assume a debt of $54k for solar panels that were not disclosed when I put an offer on the property?

I am in the mist of buying a house Cash in Polk County, FL. The house is $322k. I am to close on the property Sep. 2nd. However, 4 days ago, I was made aware that the house has solar panels that are leased to own. The balance remaining is $54k to be paid at $143.66 a month. The realtors on both... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 21, 2024

It appears that the prospect of this solar company having the authority to place a lien on your house was a material fact that the seller had a legal duty to inform you about. If a seller fails to disclose a material fact during contract negotiations, then the buyer can sue for recision. This is... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Am I to assume a debt of $54k for solar panels that were not disclosed when I put an offer on the property?

I am in the mist of buying a house Cash in Polk County, FL. The house is $322k. I am to close on the property Sep. 2nd. However, 4 days ago, I was made aware that the house has solar panels that are leased to own. The balance remaining is $54k to be paid at $143.66 a month. The realtors on both... View More

Michelle Antoinette Smith
Michelle Antoinette Smith
answered on Aug 25, 2024

The solar panels constitute a lien on the property that should have been disclosed up front or showed up on the title/lien search. Your realtor should have put this provison in Section 20 of your contract: "seller shall close out any open, expired ,cancelled or revoked permits and satisfy... View More

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2 Answers | Asked in Car Accidents and Traffic Tickets for Florida on
Q: Will I have to pay more than my deductible even though I received a traffic ticket after another car hit my car.

They received a ticket too.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2024

Addendum - depending on the breakdown of the comparative liability here, it MIGHT be possible to pursue deductible from other side. No guarantees - an attorney would need to look closer at the respective liabilities to determine. Carriers SOMETIMES pursue deductibles for their insureds. Good luck

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2 Answers | Asked in Car Accidents and Traffic Tickets for Florida on
Q: Will I have to pay more than my deductible even though I received a traffic ticket after another car hit my car.

They received a ticket too.

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

A Florida attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney in your state, here's a short answer.

It looks like both of you have been found liable to some extent, at least based on tickets issued. If the other...
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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What happens to a mortgage after mortgagee has passed. Thank you

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.

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: Does warranty deed need signatures of both trustees? Thank you.

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

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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