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. (1972) | ECONOMICS
- Honors: DEANS LIST
- Activities: ZETA BETA TAU
- Florida State Bar # 209309
- - Current
- BOARD CERTIFIED REAL ESTATE LAWYER
- Florida State Bar
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141 Questions Answered
- Q. Agreement of sale signed, contingent upon VA appraisal. Appraisal came in considerably under agreement.
- A: You could negotiate again with the seller and try to enter into a new contract at the known appraisal number. But since you did not get an extension of the contract while the ROV was pending and instead terminated it based on the lower appraisal, you have no recourse against anyone.
- Q. Is it legal for the selling Broker (escrow agents) to release the buyers deposit if seller refuses to sign cancellation?
- A: From your question it is not clear who released the deposit to whom. It looks like Seller Broker had it but its not clear to whom it was released. Based on the question, it appears the funds should be returned to the Buyer. The deposit should never be released without the signature of both the seller and buyer. The escrow holder is a fiduciary to BOTH parties and as such, can not make a decision on the disposition of disputed funds unilaterally. Either the parties must agree, or the escrow holder must seek instruction from a judge. No grey areas on this one. The escrow holder was wrong. No the ultimate end of all this is that if the inspection period was still in effect, the buyer had an absolute right to terminate the contract and the seller thinking it was waived was obviously wrong. So yes the broker was wrong but the deposit will end up in the Buyer's hands eventually.
- Q. Paying deceased grandmother's prop. taxes 7yrs. Uncle & mom have not carried out will. What can I do to obtain prop.?
- A: This is not going to be a straight forward process. Probably a probate needs to be open for the grandmother. Then the question is does she have a will or is there no will. Then the question is to whom does the house pass either by the terms of the will or by law. It may be that you are not entitled to the house - except perhaps by default and abandonment of the house by heirs that may come before you, like your mother and uncle assuming they are the children of your grandmother. You really need to have an attorney address all these issues.
- Q. How can I get the mortgage to my home under my name (for tax reasons)?
- A: Is the mortgage signed by you - and you did not sign the promissory note? If that is the case then performing under the mortgage includes performing under the note. If the home was your marital residence and you were married at the time of the mortgage initiation, then I bet you signed (joined in) on the mortgage. Additionally, the obligation of your husband was de facto assumed by yourself when he passed. Be sure that a death certificate for your husband is filed in the public records to complete legally the transfer of the property to yourself. And certainly see an attorney to understand anything else you should have done that you did not know you had to do or should do.
- Q. How long is a prepared deed date good for when prepared, signed, witnessed and notary and not recorde Can it be five ye
- A: How long is not your issue. The way you want to do it, the deed will never been valid because what makes the deed valid is actual delivery to the grantee during your lifetime. Estate planning is complicated. See an attorney to get it done correctly.
- Q. How do I determine if Land Purchased in 1925 by a Direct Blood Relative was Properly Foreclosed according to 1920s Law?
- A: The statutes of limitation, doctrine of laches and waiver all will bar you from making any claim that is almost 100 years old. Most of these statutes are 4 or 5 years. At most, 20 years. If you really wanted, you could have an attorney do an abstract of the history of title and the basis for each of those titles. It would be expensive and not worth your time or money in the end.
- Q. I have a question about real estate after someone dies with no will. (Palm Beach County, FL)
- A: If you were adopted by another person and by reason of the adoption your natural father's paternity rights were terminated, then you are no longer your natural father's descendant for estate purposes. As such, the rights to the condo do not flow to you as an heir and thus you have no liability to the condo association. You can also as a fail safe method, chose to record a notice of non-interest if you do it timely according to statute. See an attorney if you have any questions. It may be that there is equity in the home. But, as stated, you likely have no rights to the home by the laws of descent.
- Q. Can a business broker provide legal advice to a seller of a business in Florida? I am the buyer of the business.
- A: A non-lawyer can never provide legal advice. Period. But don't confuse legal advice with personal opinion. You have an attorney - listen to your attorney as that person is being paid to protect your interests. The seller wants to sell and the broker was a broker fee. Understand everyone's priorities.
- Q. How easy is it to obtain a right of way/necessity easement in Duval County/City of Jacksonville?
- A: Easements are tricky and you must use an attorney or you will definitely have problems. There are some easements of necessity and a history of the surrounding parcels needs to be examined to determine where an easement may be required by law. See an attorney to get this accomplished.
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