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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19 Questions Answered
- Q. ABCD is a property owned as a joint tenancy. Owner A conveys his part to Owner B. A no longer owns anything
- A: Second question first - the transfer changed the property ownership to tenants in common. First question second - each party now has one-third unless there is contrary wording specifically changing that. Here is a portion of the Title Note published by The Fund, a statewide underwriter: B and C deeded the property to D. D conveyed to X. The question is whether the deed by B and C to D without the joinder of D is sufficient. A joint tenant without the consent of the other joint tenant may terminate the joint tenancy by a conveyance of his interest in the property to a stranger. D.A.D., Inc. v. Moring, 218 So.2d 451, at 452 (Fla. 4th DCA 1969); and Harelik v. Teshoney, 337 So.2d 828 (Fla. 1st DCA 1976). A joint tenancy may also be terminated by a conveyance from one joint tenant to the other joint tenant, and even by one joint tenant conveying to herself, Countrywide Funding Corporation v. Palmer, 589 So.2d 994 (Fla. 2d DCA 1991). In the authority cited there appears to be no requirement that the other joint tenant must consent to or join in the conveyance which terminates the joint tenancy.
- Q. I was joint tenants with my dad and 2 siblings(4 owners) on a house. My dad gave me his ownership interest.
- A: You need a mortgage broker that understands the law - good luck on that. A real estate attorney could write an attorney opinion and the mortgage broker should be able to accept that.
- Q. Have realtor as listing agent, refused to do open house. We did ourselves. 2 buyers/offers have come through.
- A: Since you have a listing agent you are obligated to pay the listing agent a commission as set forth in the Exclusive Listing Agreement you signed. If no real estate agent brought in the buyer, then the amount of the commission to your broker is set forth in the Exclusive Listing Agreement. If there is a buyer agent, then again, see the agreement. Just because you did the open house yourself does not excuse you from the obligation to pay the commission. If your uncle came by and decided to buy it - same result. You contracted to pay the commission. There are a few exceptions to this rule of contract, notably if the broker breached the listing agreement. But that is a matter that is too complicated to discuss in this response.
- Q. I stopped by my rental property today with a letter. I did not call since I have not received an updated phone number.
- A: You have to look at this from the tenant's point of view. That view is essentially you control them and they don't like it. But that is the contract between you and the tenant - the Lease. Once the lease is over IF you allow them to stay in the unit they become holdover tenants if not with your permission; and if with your permission it is without a new lease, a month to month tenancy. You need to decide if you want to evict or allow them to stay as month to month, or if you want to actually have them renew for an additional year. Whatever your decision, I suggest you be decisive and make that decision soon. If you have a question on how to do it - seek the advice of an attorney.
- Q. Seller refuses to release earnest money deposit. Wants to split the 5k. I think is unfair. I offered 1k but wants half.
- A: Your scenario started out sounding pretty good, but the 2nd mortgage could be your downfall. There is caselaw in Florida that says the terms of the contract cannot be unilaterally changed. You cannot even go from mortgage to cash without the seller approving the change. A real estate attorney near you needs to take a look at the contract, extensions and listen to your story before any advice could be given to you.
- Q. can the same law firm representing a bank in the forclosure also represent the acquiring LLC in a forclosure auction?
- A: Typically there will not be a conflict in such representation. And if there was a conflict it would be either the lender or the buyer that could raise it - not the borrower.
- Q. My landlord continuously harasses me for the rent before it is considered late. How do I handle this?
- A: It sounds like she is interfering with your right to quiet enjoyment of the property, and by doing so has continuously been breaching the lease. A warning letter to her could be the solution, and set her uo for some you can do thst yourself to document her conduct snd
- Q. Real estate agent:email hacked, hacker sends incorrect wiring information the morning of the closing before I can call.
- A: You are definitely on the short end of the wrong stick - See this link for an article I wrote exactly on this situation - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING WATCHED = YOUR CLIENTS VICTIMIZED : THE HACK STORY - http://actvra.in/4Ph6 (you will probably have to type this into your address line in your computer.) The above link is an article that was reproduced in some Realtor newsletters and The Fund's Real Estate Council magazine. As for liability, you need to advise your broker, advise your liability carrier (since this is an issue probably with your personal email, you should advise both your homeowner's insurance and your professional liability insurance underwriters). I suppose the banks for the buyer (who sent the money to the phony wire instructions) was advised. It may be that they can recall the wire. Also, the thief in these scenarios is usually notoriously sloppy and they don't cross their "t's" and dot their "i's" - so the wire may in fact not have successfully gone through. There could also be liability of the party that was to receive the funds - for them not properly safeguarding the wire instructions - if it was their email that was compromised. Start with the bank, since it is time sensitive. Then the broker and insurance carriers. And good luck.
- Q. I bought vacant land in CO. The land is 50% sellers and 50% his deceased fathers. How do I get the land 100% in my name?
- A: You need to repost this question on the Colorado Justica board. To do so change your location to Colorado.
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