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
Websites & Blogs
50 Questions Answered
- Q. House title "husband and wife"
- A: Yes. The language creates a tenancy by the entirety in Florida, so the survivor is the owner of the property upon the recording of a death certificate of the non-surviving spouse.
- Q. If MLS says hurricane shutters, but home inspection discovered only partially covered
- A: Good question and a simple answer. If (big IF) you are still in your inspection period, then you can reject the contract by terminating it using the procedure in the property inspection clause. Be aware you must timely and completely follow the termination language in that paragraph. If you are not still in the cancellation clause time limit, you can attempt to reject the contract based on misrepresentation. The problem is you discovered the misrepresentation and could have cancelled then - but delayed. This delay could be deemed a waiver of your right to protest the partial shutter coverage even though there was a misrepresentation.
- Q. How does the 15-day termination of rental lease notice work in Florida?
- A: Mr. Williamson is correct. You missed the date, which for June was June 15th. The key here is "when the rent is due". If the rent is due the 6th of the month, then today the 21st would be 15 days beforehand and notice could be given today. As it is, you have liability to July 31st. And that is provided you give notice of termination at any time BEFORE July 16th (because there are 31 days in that month) to the landlord.
- Q. I had a foreclosure on a house that had the two mortgages both based on good credit, market went upside down, so we
- A: The Nationstar issue may have to do with the 2nd, not the first, mortgage. The first mortgage after foreclosure had one year to get a money judgment on any deficiency from the judgment to the value of the home at time of the foreclosure sale. Maybe the second mortgage was not forgiven, as you believe. Just because they wrote off the loan does not mean the note and mortgage went away. If you did not get a release of mortgage, then it is still there and here is your problem (most likely). An attorney can probably track what happened. As an aside - how are you a first time homebuyer?
- Q. no rental agreement ,no lease , house is passed down thru will
- A: Based on the generality you give: Son has no rights to stay in the house. And when his mother passes away, he may not have rights to it even then, except as a remainderman to his wife's husband's life estate. A probate attorney will be able to sort this out.
- Q. My wife and I recently met with a local real estate developer's representative, in their office and
- A: Likely the contract was signed by you but not the seller and somewhere in there it says that until the seller signs, there is no contract. Your choice thus is to say sorry - you are not adjusting the price, or walk away from the transaction (and get a return of your deposit). A reading of the contract is necessary. As a matter of general contract law, the deal is a deal once the parties have both signed the written agreement so there is a "meeting of the minds" and written evidence of it. Real estate transactions must always be in writing as a matter of law.
- Q. Does the seller of a home have to buy title insurance for a cash sale?
- A: There may be common practice but there definitely is not a law. If you have a contract then you need to see the contract terms to see what your obligation may be regarding title insurance. Cash or mortgage should not be the reason to have or not to have title insurance. We see claims on title insurance several times a month. We had two last month with one payout from the insurance company of tens of thousands of dollars and there was no mortgage.
- Q. Can forclosure judgment take money straight from my bank account
- A: If they got a foreclosure judgment and the house was sold at auction and it has now been 4 years later, the lender cannot pursue you for the unpaid balance of the mortgage. This unpaid balance is called a deficiency and a "deficiency judgment" is need to be gotten from the court. The issue is that the lender had to file an action for a deficiency judgment within one year of the foreclosure sale's finalization (I am generalizing the law). They apparently did not and so there can be no money judgment against you on this matter.
- Q. Do we have a case? No hot water or electricity. Police instructed All tenant's to leave immediately for sa
- A: We all agree on this. And I would note that a 3 day notice on Sunday the 28th with Monday a holiday means the first day of the 3 days is Tuesday the 30th and the third day is June 1. Also, if you paid your rent, then what is the 3 day notice for? And why is the electricity and water off? Was it the landlord that shut it off or did he not pay the bills? All this needs to be reviewed by an attorney.
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