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Richard Paul Zaretsky

Richard Paul Zaretsky

  • Business Law, Real Estate Law
  • Florida
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Practice Areas
  • Business Law
  • Real Estate Law
Fees
  • Free Consultation
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Jurisdictions Admitted to Practice
Florida
5th Circuit
U.S. Supreme Court
Education
Widener University Delaware School of Law
J.D. (1975)
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Honors: PHI KAPPA PHI LEGAL HONORS CUM LAUDE
Activities: MANAGING EDITOR - DELAWARE JOURNAL OF CORPORATE LAW
Syracuse University
B.A. (1972) | ECONOMICS
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Honors: DEANS LIST
Activities: ZETA BETA TAU
Professional Associations
Florida State Bar # 209309
Member
- Current
Certifications
BOARD CERTIFIED REAL ESTATE LAWYER
Florida State Bar
Websites & Blogs
Website
Legal Answers
94 Questions Answered

Q. My grandfather died and left his house to my mother , father and uncle. Now their all dead who does the house go to?
A: If this has not happened more than a few years ago (like two or three), the the house may still be owned by your family. Assuming your grandfather's house was transferred by probate or deed to your relatives, then upon the passing of your parents it went to your uncle. However none of this happens automatically. It requires some filings and perhaps probate of each estate. If your uncle had no other closer relatives, the house can now be transferred to you. The point of probate in this circumstance is that you need someone with authority to make the transfer. In this type of matter that person is typically the probate judge. You need to see a probate and / or real estate attorney to sort this out.
Q. Who owns the water pipes in my kitchen that leaked? Condo association or me?
A: We have a lawsuit going on about this same thing. Inside the drywall (inside meaning the back of the drywall facing away from your unit) to the outside of the outer wall is owned by the Association, according to your recited document language.
Q. Foreclosed property has 2 bank liens, primary lien holder filed suit & has a judgement. If I win property at auction am
A: You did not mention where the bankruptcy comes into the picture. In a foreclosure the priority of the lien of the mortgage that filed the foreclosure is the key important factor. If the foreclosure is by the first mortgage then this foreclosure would eliminate the second mortgage if the lawyers did the lawsuit correctly. You would not be liable for any mortgage since you did not sign any mortgage. However you should consult with a knowledgeable real estate attorney to better understand the specifics of the foreclosure on this particular house.
Q. what do I need to do?
A: Maybe you have to go thought probate - it depends on the deed you and your mother had and the wording in that deed. An attorney should be able to quickly determine what you need to do. It could be as simple as recording a copy of your mother's death certificate.
Q. I am listed as a grantor on the house my ex-husband bought one month prior to our divorce being finalized. Is that bad?
A: Your language in your question is problematic. Your husband purchased a house and you are on the deed as a grantor (that means one who sold it - grantee would be one who bought it)? Your husband still owns the house? If your husband bought the house during the marriage, then you may have acquired a marital interest in the house that if sold, would require your signature on the conveying deed along with your husbands. It may be that upon the divorce, you became a "tenant in common" with your husband - each owning one half interest in the house. You should have an attorney look at the situation to sort it out for you. At the very least you will know where you stand in regard to this house.
Q. Title company missed mortgage on house and sent us the check. Can we just not pay mortgage?
A: I have been down this road on the part of the buyer. Here is what is going to happen: 1. Title company asks for money back to pay mortgage. 2. You refuse. 3. Title company provides a title claim to the title underwriter. 4. Title underwriter attorney sends you a demand letter 5. Title underwriter sues you for the money 6. Title underwriter seeks emergency injunction against you freezing your bank account 7 Title company gets a judgment against you including attorney fees (to which they are entitled because you breached the warranty of title in the deed not to mention other closing documents ou signed). 8. Your life becomes miserable. So make your decision carefully............
Q. Triplex is in probate my dad died. He had month to month renters. 1 is not paying fully how to evict?
A: Month to Month tenancies can be terminated by giving written notice of termination of the tenancy to the tenant by mail or personal service (including posting on the residence front door). The notice must be provided at least 15 days prior to the next date the rent is due. If the tenant is delinquent in even the rent the renter agrees is due, then a 3 day notice to pay the rent or be evicted is required. In either event, if the tenant does not move the tenant can be sued for eviction in county court. You can do this yourself or you can hire an attorney. Hiring an attorney should cost you about $750 plus costs.
Q. How can I get rid of a professional squatter in my home.
A: Squatting is illegal - but not necessarily criminal. YOu need to find a real estate attorney in your location to go and file the appropriate legal action to have him removed.
Q. Can a text message be considered a legal binding contract?, I made an offer on a house via text message to the agent,
A: Any agreement concerning real estate must be in writing, be signed by all the parties, and contain the essential terms of the agreement, generally: Who What Where When How Much I doubt that your text message contained all of these elements. Further, the real estate agent is not the seller of the house and you did not have the correspondence with the actual sellers. Therefore most likely, you did not have any binding agreement between the parties.
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