Claimed Lawyer ProfileQ&A
- Estate Planning
- Real Estate Law
59 Questions Answered
- Q. In Florida, what type of "frozen" account is used for Depository of liquid estate assests? Deposits YES/withdrawals NO
- A: Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty when needed. Some banks do not regularly handle estate assets, so there is a question as to why it is being contemplated to deposit assets of an estate into a CD. Is there a court order for this?
- Q. Purchased Property from DR Horton found out that 10 of back property is public. is this fraud
- A: Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim. You are talking about bringing an expensive lawsuit and being able to prove damages, buyer remorse probably is not sufficient you should consult with a real estate litigation attorney in your area.
- Q. Can I reneg on paying for this condo?
- A: If you stop paying the mortgage eventually there will be a mortgage foreclosure action with your name on it which will not help your credit score, whether or not the correct legal description is on the property, it still will name you as a defendant not paying your legal obligation. Records of a mortgage foreclosure being filed against you stay on the public records forever and you will always need to account for it. Back in the mortgage foreclosure debacle there were people that stopped paying the mortgage so they would be in a situation where the banks would consider a short sale. If you don't want to deal with it anymore and you have some equity why don't you just list it for sale and sell it, thereby protecting your credit. After expenses if you have a loss you can take it on your tax return which will if nothing else perhaps lower your tax liability in the year of the sale.
- Q. Can I sell my house if there are outstanding code violations on it?
- A: Not likely that someone would want to buy a property with pending problems. As part of the closing process a lien search would be done to find out if any open code enforcement problems. If the code violation had not proceeded to the lien stage and the buyer learned of it after closing there would probably be a lawsuit against you and your real estate agent for failure to disclose. A property with pending issues will probably result in a lower sales price if someone was looking for a bargain and willing to make repairs.
- Q. Am I legally responsible for paying code violation tickets, for my property, issued to my property manager in his name?
- A: The code violations may ultimately result in liens against your property. What the agreement was between you and the property manager will not prevent this if you do not deal with the governmental agency to correct the violations. You would need to proceed with remedies resulting from the breach of your manager's duties against your manager separately from resolving the issues with the agency issuing the code violations.
- Q. How do I get the deed to our home transferred to my 20yo daughter that was part of her medical trust?
- A: You will need a deed out of the trust to your daughter. You should consult with a real estate attorney to prepare the proper documents reflecting that you as the sole remaining trustee have authority to transfer the title, prepare and record an appropriate deed and prepare other documents to properly terminate the trust.
- Q. Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage
- A: You should consult an attorney as to a domestic partnership agreement and/or a deed to add your name to the property after closing. Your name not on the title means you have no ownership interest in the property and you are in a very risky position as far as your financial contribution both before and after closing on the property. If anything happened to your boyfriend, like his dying, you would have no interest in the property and his family can force you out, if you and your boyfriend break up you would be looking at a very expensive and long legal proceeding to claim or recoup any interest in the property.
- Q. Can I have a quit claim deed and a life estate deed at the same time
- A: A quit claim deed is a document to transfer and interest in real property. A life estate is a type of interest a person can have in real property. You can have a life estate interest in real property transferred to you via a quit claim deed.
- Q. I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court
- A: More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.
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