Claimed Lawyer ProfileQ&A
- Business Law
- Real Estate Law
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- 5th Circuit
- U.S. Supreme Court
- Widener University Delaware School of Law
- J.D. (1975)
- Honors: PHI KAPPA PHI LEGAL HONORS CUM LAUDE
- Activities: MANAGING EDITOR - DELAWARE JOURNAL OF CORPORATE LAW
- Syracuse University
- B.A. / ECONOMICS (1972)
- Honors: DEANS LIST
- Activities: ZETA BETA TAU
- Florida State Bar # 209309
- - Current
- BOARD CERTIFIED REAL ESTATE LAWYER
- Florida State Bar
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40 Questions Answered
- Q. My wife and I bought a house a few months ago, and the owner left some things there. How long before I can claim it?
- A: Unless there was some agreement on you storing the items, they were abandoned by the previous owner. Do with it as you please.
- Q. Is there a Florida law that requires a realtor to charge a buyer for maintaining his/her closing documents?
- A: You are correct. The charge you are getting is likely related to the agreement you signed with the realtor when you hired him/her. If there was no agreement with the fee noted (usually a "transaction fee"), there should be no charge.
- Q. Can I hold the sellers realtor responsible to reimburse expenses to buy a home that went to auction?
- A: I will assume the seller's tried to delay the sale by foreclosure. That being the case, what control did the seller's realtor have to delay the sale by foreclosure. In addition - since you did not employ the seller's realtor what duty did the seller's realtor have to you? I don't think you have a claim.
- Q. A seller sells his property using his survey. His survey is 5 months old. It is certified only to himself and not the
- A: The landowner has no claim for the value of the improvements. The title insurance insures only title as the title was at the time of the issuance of the policy. Future acts by the owner are not covered. Also it only insures the title to the property and improvements on the property. An addition to the property is not insured. As to the type of claim to be made - it is a claim on title including the boundaries unless excepted in the policy. They also insure only the property in the legal description and not additional lands that may be on the survey. Consider claims against the seller for selling land not his. And also the surveyor if you can find that he was sufficiently negligent (like reading the legal description wrong or making gross measurement errors in the field).
- Q. If a piece of property that their is no heir the taxes hasn't been paid in 3 years and a squatter that has put the prope
- A: You need to provide some information. Who owns the property? How did the squatter come into possession? What is your relationship to the property? What are the code violations for?
- Q. I signed a lease 5 days before they changed mangement and the new management will not honor the lease or deposit.
- A: You provided just too little information. Your situation could be that the "manager" was in fact an unauthorized person stealing the rent for property he had no legal ability to rent. Or it could be the owner and the old manager had a falling out and parted ways. The court date is confusing as you have not stated what that case is about. Give more information to be able to find some advice.
- Q. Is my ex husband's property mine if I'm still on the deed/title and he's passed away?
- A: There are some questions that need to be asked. But generally, when you got divorced all real estate that you owned together as tenants by the entirety (husband and wife) became owned by you and him as tenants in common. The difference is that in the former you and he each owned 100% indivisibly. After the divorce you owned each property 50 / 50 as if the property ownership was divisible. Therefore with your basic information provided, this Pasco property is owned by you 50% and by your former husband's estate as to the other 50%. See an attorney who can help you decide what you want to do with your interest in this property.
- Q. I have an oral lease with a tenant I'm subletting to for month to month. He did not pay April rent, I want to terminate?
- A: You can seek the help of an attorney or you can use the "self-help" material supplied by the clerk. The notice for him to move out for non-payment of rent is 3 days to pay the rent or you then can file for eviction. Alternatively, assuming that rent is due on the first, you can terminate the lease no later than the 15th of the month for termination be be effective the last day of the month. Then if he does not pay the rent for this and the then present month, you can sue for the rent (and if he does not vacate, for possession as well).
- Q. How should we take title to a home so that it's completely separate from all other assets in my boyfriends estate?
- A: How you take title is going to be irrelevant for the purpose of preventing your boyfriend from having the new debt he is entering into not affect his other properties. This requires an overall protection plan - but simply realizing that if he personally signs a promissory note and he has assets, those other assets are going to part of what a creditor would be looking for if there ended up being a claim against him as a result of a default in this mortgage. Like my colleagues stated - get an attorney to advise him
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