Ralph H. Schofield Jr.’s Answers

Ralph H. Schofield Jr.

Lakeland Litigation Lawyer.

Contributor Level 12
  1. Can my employer force me to work at home?

    Answered 10 months ago.

    1. Ralph H. Schofield Jr.
    2. Darrel S Jackson
    2 lawyer answers

    Except in certain circumstances, such as where you have a contract or where you are being discriminated against, a Florida employer can generally make this sort of change and force you to work remotely. More appropriately, your employer can give you the option of working remotely or not working at all. As an “at will” employment state, your employer can fire you for your failure to agree to the change.

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  2. Evicting non-paying unwanted roomate

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Barry A. Stein
    2 lawyer answers

    If her ex-husband is on the lease, there would need to be a violation of the lease by the ex-husband to allow for an eviction by the landlord. Even if he isn't on the lease, he may be subject to an implied lease if he's paying rent. Under this circumstance, he is PROBABLY a month-to-month tenant, and the landlord could evict him by first giving him a 15-day notice and then proceeding with an eviction proceeding. If her ex-husband is not on the lease and not paying rent, he may be treated...

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  3. In foreclosure auction, if my winning bid is 10,000 and final judgement amount is 50,000 do i end up paying 60,000?

    Answered 10 months ago.

    1. Ralph H. Schofield Jr.
    2. Robert Jason De Groot
    2 lawyer answers

    No. The monetary portion of the foreclosure judgment is against the owner in foreclosure and not against the property itself, and the mortgage rights go away once the judgment is entered. Your foreclosure sale price will be the price you pay to get the property free and clear of that mortgage and any "subordinate" creditors (such as second and third mortgages, if this was a first mortgage). You will need to do your proper diligence to ensure that there are not other creditors out there who...

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  4. Still not sure what remedy a lawyer can offer me to help situation. I expected a smart unique approach unknow to me, to help

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Jeffrey B. Lampert
    3. Constantine D. Buzunis
    4. Jeffrey Bruce Gold
    4 lawyer answers

    Probably just the opposite. Debt forgiveness and deed in lieu are settlement options for people who don't have assets and can't pay. A person with great credit comes across as someone who will do what he can to make payment, so as to avoid a credit hit. Thus, a creditor would not want to forgive the debt.

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  5. My girlfriend got injured at a restaurant when a waitress dropped a glass on our table and it shattered

    Answered over 1 year ago.

    1. Clifford M. Miller
    2. Ralph H. Schofield Jr.
    3. Lars A. Lundeen
    4. David Hughes Harris
    5. Michael Ryan Juarez
    5 lawyer answers

    Maybe. More than likely, if this went to Court, you would sue the restaurant, and the restaurant would then bring in the other patron as a co-defendant or third-party defendant. Or you could sue both the restaurant and the other patron. It may come down to whether the restaurant/waitress failed to take action to prevent the injury, or otherwise acted negligently.

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  6. Bought a FL home before I sold my Fl Condo. Cant' continue paying both mortages. Cash reserves gone. What can I do?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Brian David Zinn
    3. Jeffrey Alan Klein
    4. Richard L. Weldon II
    5. Richard Scot Shuster
    5 lawyer answers

    It is not clear to me whether you are seeking legal advice or financial advice. The legal part of it is as follows. If you sell your condo, you will likely be liable for the difference between the sale price and what you owe on your condo mortgage. The lender can then, if it so chooses, obtain a judgment against you in that amount and seek recovery from you based on income and assets other than your new home (assuming that's your primary residence). If you stop paying on your...

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  7. If i failed to file my taxes this year even though I don't owe money , will it be a problem?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Ronald J Cappuccio
    3. Evan A Nielsen
    3 lawyer answers

    As a technical matter, you are required to file if you made over the threshold amount of your standard deduction. However, in all practicality and reality, the IRS does not generally penalize you for not filing your taxes in a year when you do not owe. It is still a good idea to file, because it is possible the IRS thinks you owe something and audits you. Being on the receiving end of an audit is not pleasant even if you are sure you will prove the IRS wrong. It's best to preemptively...

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  8. No recorded satisfaction of mortgage for time share

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Carol Anne Johnson
    2 lawyer answers

    Ms. Johnson is correct. If the property is paid off, the mortgage would no longer be enforceable and the person on the deed owns it. A satisfaction of mortgage will be necessary if you want to convey marketable title. I write separately to note that you should get this issue resolved regardless of whether you sell your timeshare. Particularly in a foreclosure-laden region like we have here in the Destin/Ft. Walton area, lenders will commonly fail to keep their paperwork straight. You'll...

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  9. Foreclosure on a rental house we are in.

    Answered 10 months ago.

    1. Ralph H. Schofield Jr.
    2. Jeffrey B. Lampert
    3. Timothy Scott Owens
    3 lawyer answers

    The motion for protective order indicates that the owner of the house [your landlord] used court procedures to seek certain documents or other information from the plaintiff [the bank] and that the bank wants to prevent such disclosure of documents and information. In a foreclosure context, this often occurs when an owner seeks information regarding the bank's internal processes or seeks overbroad discovery that would cost the bank a lot of time or money to obtain the documents and information....

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  10. I have a duplex, that one tenant says she can smell cigarette smoke from the otherside thru AC. Can she sue me for this?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Barry A. Stein
    3. Amber Hill
    3 lawyer answers

    I agree with Attorney Stein that this SHOULD come down to the question of habitability, which would be a difficult case for your tenant to make. Unfortunately, however, there have been some recent court decisions nationally that have vindicated the rights of tenants who have been subjected to secondhand smoke from neighboring tenants. For example, a New York court indicated that a lease could get terminated early and/or rent be abated/reduced where the tenant lets the landlord know of the...

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