Graham Walter Syfert's Answers

How can someone remove his name from a business credit card if he is no longer part of that business?

One option for him are to contact the credit card company and explain the situation and get removed as a guarantor on the card. This, however, is very unlikely as the credit card company wants to have the ability to collect the money from both individuals. Generally, most credit cards issued are not truly business credit cards unless the business has been in operation long enough to establish its own credit. It sounds as if here they established a line of credit tied to the individual...

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In a civil judgement can your home (s) be taken? Can they freeze bank accounts?

Your home cannot be taken by execution on a civil judgment due to Florida's homestead protection. However, the fact that you used the phrase "Home(s)" makes me think that you have multiple properties. The question is on which property you have homestead protection and which property you do not. (You likely elect a homestead exemption on one of these properties for the tax benefit.) Those properties not covered by homestead protection are subject to execution. Bank accounts, however, are...

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How long before i have to move out HOA lien

First, you would receive notice of the foreclosure well prior to your belongings being put out on the street. Second, even after the foreclosure sale (which can take anywhere from 2 to 12 months from the date of initiating the suit or longer, depending) you would receive notice that you have to vacate the property prior to an officer coming to your house to watch you move your things to the curb. Usually, at a minimum, you will be served with papers first, notifying you of the foreclosure....

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In the state of Florida can a landlord claim lost of commissions against the security deposit.

It depends on the wording of the lease. Chances are very good that you are not owed the security deposit. However, if you had some other evidence in writing, you may very well be entitled to keep the security deposit. It is difficult to say whether you would be entitled to it without a review of the lease and more information about the nature of your negotiations when she decided to leave. I would argue that she gave up her security deposit in return for you not suing her, and it is as if...

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I rent apt and landlord give up it to other owner. Can I be evicted before my lease ifs off? what is my option?

Generally, the lease with your old landlord is still good, and you would not have to move. However, the new landlord may try to evict you for any number of reasons, however he will likely figure out that he has a problem when he actually goes to file the eviction. Pay the new landlord the old rent, and if he tries to evict you, please contact an attorney who can assist you in the process of defending the eviction as soon as you learn of it.

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Can the landlord charge you for 4 days into the next month even though you terminated the lease for not returning the keys?

The answer to your question really requires a review of the lease. Generally, if the lease did not cover prorating the rent, and stated that the security deposit was simply for damages done to the property, then they would not be able to take this rent out of the deposit. They could, however, argue that you had use and occupancy of that space during the time that you withheld the keys and attempt to charge you for the four days. Unless you had a good reason why you did not return the...

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Can our landlord keep calling multiple times a day or come in our home?

You should call the police in your area to keep him from confronting you or making repeated phone calls for the purposes of harassment. The officers will decide if it is harassment. If he wishes to evict you, he can only do this in court, and should not resort to annoyance and harassment to try and drive you from the property. You may tell him to stop, but this may also do little to actually stop the man. Under Florida Law, he may come into the home under certain conditions, and you...

Does a lender have to accept the arrears and reinstate a loan after a foreclosure judgment?

Generally, with the typical and approved form of the Final Judgment of Foreclosure, the lender doing the foreclosing must be paid in full if the homeowner wants to stop the foreclosure sale. The full amount of the loan also includes other fees and interest as defined in the judgment. So, in short, the answer is no.

A m I required to replace my windows even though they are in good working condition?

You need to look at your association bylaws. Usually, special assessments such as this require a vote of your condo board. If the president decided this on his own, without a vote, then the answer is no. Most people do not understand how powerful condo and home owners associations can be. In fact, they can be viewed as their own little city within the city. They are first governed by the constitution of the united states, then state laws, then city laws, and then the bylaws of the condo...

Presence of client at mediation in Florida

Yes, your attorney can represent you at mediation. However, most orders for mediation require you to be present by phone, or for someone at the mediation to have "full settlement authority." So, if you want your attorney to represent you without you being there, you should look carefully at the mediation order to see if you have to give full settlement authority to your attorney, meaning anywhere from $0 to the total value of the lawsuit.