Gerald Kenneth Burton's Answers

Real estate, estate planning and trust law in FL state, process of purchasing real property in a revocable trust

Your question does not have sufficiently clear information for any type of resolution. For example, is the home already in the Seller's Trust, or is the Buyer going to place the home in a revocable trust, once the Buyer acquires the house (or both)? In Florida, however, it is most often not recommended that a home be placed into a revocable trust, as the trust offers no protection from creditors, does not reduce your federal estate tax and/or state death tax. Most often, therefore, there...

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FL state foreclosure laws, homeowner's rights to contest service of a foreclosure notice

I agree that your best course of action is to hire a real estate attorney with foreclosure experience. If you were just served with the Complaint and the Summons, then you typically have 20 days within which to file a response to the Complaint with the Court. It is important in communicating with the Court that ALL communications be in writing. You should keep copies of all of your correspondence and documents filed with the Court. If your advising the Court that you did not receive...

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FL landlord tenant law, tenant's rights to getting deposit back

My first advice is for you to hire a qualified Florida real estate attorney with foreclosure experience to represent you. The issues which appear to be involved in your question are often times quite complex. Beyond this general advice, please understand that no good attorney will answer your question without discussing this matter with you in detail, without first reviewing the documents from your landlord/tenant suit, and without first reviewing the foreclosure Complaint and all other...

FL landlord tenant law, tenant's rights to getting deposit back

My first advice is for you to hire a qualified Florida real estate attorney with foreclosure experience to represent you. The issues which appear to be involved in your question are often times quite complex. Beyond this general advice, please understand that no good attorney will answer your question without discussing this matter with you in detail, without first reviewing the documents from your landlord/tenant suit, and without first reviewing the foreclosure Complaint and all other...

Real estate

When a property is foreclosed in Florida and a final foreclosure judgement is entered, the property is sold by public auction (the "foreclosure sale") at the Courthouse in which the foreclosure suit was filed. The property is sold to the highest bidder and then the Clerk of Court issues a Certificate of Title to the winning/highest bidder. Regardless of who buys the property at the foreclosure sale, the Lender can seek the difference between the fair market value of the property at the time...

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