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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102 Questions Answered
- Q. can you e notarize a living trust restatement or amendment?
- A: The answer is any document that requires a notarization in Florida may be notarized by the e-notary method. HOWEVER, a living trust or amendment or whatever document that requires witnesses, must be signed by the witnesses in the presence of the person signing the document (the person they are witnessing). There is presently no e-witness procedure for signing documents in Florida, although some other states have some laws allowing this procedure. It is new and slowly taking hold as an acceptable method of execution of documents.
- Q. If a real estate Buyer makes an offer on a house actively listed with a real estate agent.
- A: The existing contract between the seller and the seller's real estate agent probably says that if the house is listed at a price agreed to between the agent and the seller and then a buyer makes a full price cash offer, then the seller is obligated to pay the agent its commission even if the seller refuses to sell at the asking price. However, there is no contract between the potential buyer and the seller, so the seller is not obligated to go through with accepting the full price offer.
- Q. What date is the 15 day inspection time up if contract was finalized on 4/7/18. (Florida contract/not an 'as is'
- A: 15 day inspection period is up at 5pm local time (typically) afer the defined Effective Date. The effective date is the date the last signor signed the contract, although communication of the contract being signed bthe last signor is a factor.
- Q. unlawful detainer
- A: There is unfortunately no "self-help". You are correct that this is an unlawful detainer case - meaning the people are in possession without agreement of the owner. You may also have a right for trespass if it can be shown that your daughter had no authority to let them live there and they did not have reason to believe that this was the case. Essentially they are one step above a squatter. Calling the police or Sheriff on them for trespass once with an allegation of illegal activity could encourage them to move without you intervening further. End result is likely you need to remove these people with an attorney's help.
- Q. My note was never sold before the original company went under... what do i do? can i sell it? I'm still on the tittle.
- A: I gather that you have a poor understanding of the process of a mortgage lien. You need to consult with an attorney near you that will encompass solutions for you to be able, with the lender's permission, sell the home. Typically this is called a "short sale" if the lender has to accept an amount less than the total of the unpaid mortgage and note. It appears from your statement / question, that this is the route you need to take. Find an attorney that does these and you will be on the right path.
- Q. I have a question about a quitclaim deed
- A: you are totally confused. No ifs' ands or buts' - your husband must join in the deed to sell the house. PERIOD. No quit claim deed will work if this is the house you called your permanent property.
- Q. So if you haven't paid your rent you can be put out in 3 days? Even though you have a lease and it says 30 days? It's
- A: Someone needs to look at your lease. But also you use the words "put out". The 3 day notice for non-payment of rent says if you don't pay it in 3 days the landlord can start eviction proceedings. In reality the 3 day notice is the first of 4 steps. The next step is an eviction complaint and the third step is a judgment from the court (the judge) that says you must leave. The third step is followed by a fourth and final step which is a writ of possession, and that allows the sheriff to put your stuff out on the street.
- Q. I have a lease that says if landlord or tenant decides to terminate that they have 30 days to vacate. Landlord just hand
- A: Your landlord sounds like they either don't know the law or don't care about the law. You cannot be put out except with a court issued writ of possession. There are some exceptions (like hotel rooms). The only Florida 3 day notice is for non payment of rent - and that does not give the landlord self-help. Have the landlord clarify the notice and/or see an attorney.
- 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.
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