Sherri Kandel Dewitt’s Answers

Sherri Kandel Dewitt

Orlando Divorce / Separation Lawyer.

Contributor Level 14
  1. I objected the foreclosure sale of my property. Do I need a Motion to Vacate the Certificate of Sale and Tittle?

    Answered over 4 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    You don't really give enough information to thoroughly answer your question. For example, what was the basis for your objection to the sale? When did you make your objection? Were you properly served with the original foreclosure action? When did the sale take place? Why was there a sale if you objected to it? Was there a hearing on your objection? Why exaxtly do you say that the sale was conducted improperly? These are all important questions and will determine the proper course of...

    2 people marked this answer as helpful

  2. Why do dcf and courts let a child stay with an unfit drug mom, her felony boyfriend and not with a clean family.

    Answered over 4 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    This sounds like a very complex situation. I am sure DCF is trying to do its best. However, DCF is probably overworked and is dealing with other situations it thinks are more serious or life threatening. Unfortunately, many families which could benefit from DCF involvement don't because it is so overworked and underfunded. If you can afford to speak with an attorney about this, I highly recommend that you do so. If not, maybe your spouse will qualify for legal aid. If so, then legal...

    1 person marked this answer as helpful

  3. Am I able to work for a client if I signed a non-compete? I worked for this client before the job with the non-compete.

    Answered almost 5 years ago.

    1. Sherri Kandel Dewitt
    2. Lauren Morgan Ellerman
    2 lawyer answers

    You definitely need to have an attorney review the non-compete agreement that you signed, as not all such agreements have the same provisions. The answer to your question will depend on the specific language of the agreement you signed. There may also be other reasons to challenge the enforceability of the non-compete, Generally, non-compete agreements are enforceable if their duration and geographically restricted areas are reasonable. Whether they are reasonable depends on many factors...

    1 person marked this answer as helpful

  4. I live with my husband but want to get my own place, do I have to wait until the lease is up or do I have any legal options?

    Answered almost 5 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    You do not say whether or not your name is on the lease agreement with the landlord. If it is, then you will remain liable to the landlord for the rent even if you move out, unless you can get the landlord to release you and look only to your spouse for payment. If you did not sign the lease agreement, then you are not liable to the landlord for the rent and can move out at any time. A divorce or restraining order generally does not affect whether or not you are liable to the landlord for...

    1 person marked this answer as helpful

  5. Will child support decerease if ex remarries with child?

    Answered about 5 years ago.

    1. Sherri Kandel Dewitt
    2. Alejandro Rafael Lopez
    3. Joanna Marie Mitchell
    4 lawyer answers

    Child support in Florida is based on both your income and your ex-husband's. You do not say what has happened to your income since your divorce. Assuming that your income has remained the same or is similar now to when child support was last calculated, then it appears as if you may be entitled to an increase in child support. Health insurance and day care costs also would be relevant to this determination. and perhaps certain other expenses. However, if your ex husband's income has increased...

    1 person marked this answer as helpful

  6. Legal options in a partnership dispute.

    Answered about 5 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    You raise several different issues. The first is whether you are entitled to the money you say he owes you because you sold him half of your business. You said you had an oral contract, not a written one. Obviously, your position would be much stronger if your agreement was in writing. You need to look to see if you have any correspondence where he acknowledges that you sold him half of the business. You also need to find any and all documentation that would support your contention. You...

    1 person marked this answer as helpful

  7. How do I handle the house in my divorce

    Answered about 5 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    There are many pitfalls in attempting to deal with real estate issues in Florida without an attorney. First, any agreements between yourself and your wife involving real estate should be in writing and witnessed by two witnesses and a notary. Also, you need to decide how title will be held after the divorce. As a married couple you may own the property as tenants by the entirety and both of you need to sign to refinance or convey title to the property. After the divorce, however,you become...

    1 person marked this answer as helpful

  8. I have a home in Orlando Florida that I was renting out through a property management company. The tenants had a pet that left

    Answered about 4 years ago.

    1. Sherri Kandel Dewitt
    1 lawyer answer

    Your tenants' obligations should be detailed in their lease. So you should carefully review the lease to see if it addresses repairs or damage to the Property. Typically, however, tenants have the obligation to maintain the property in the same condition it was in at the time they moved in., absent normal wear and tear. If this is what your lease provides, then their obligation is to leave you with clean stain-free four year old carpet or to pay you the value for clean, stain free, 4year old...

  9. Mother trying to domesticate and modify out of state custody (NY state). Father has custody

    Answered over 4 years ago.

    1. Thomas R. Peppler
    2. Sherri Kandel Dewitt
    2 lawyer answers

    The previous answer nicely states the procedure for domesticating a foreign judgment. However, the person seeking to modify that judgment after it is domesticated must show two things: first, a substantial change in circumstances and second that a modification would be in the best interest of the child(ren). If the moving party cannot shou BOTH of these things then the judgment will not be modified. In your situation it seems there are two possible changes in circumstances. First,...

  10. Are there penalties for real estate broker claiming signature was witnessed if it wasn't?

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. Sherri Kandel Dewitt
    2 lawyer answers

    I am not exactly sure whether you are saying that the Broker forged the signature of the witnesses or the witnesses signed after the fact when they did not witness you sign. In Florida, certain real estate documents MUST be witnessed and signed by two witnesses and a notary. If you can prove that the witnesses did not in fact witness the mortgage, then you can seek to have it declared void. If is found to be void, then it cannot be foreclosed on. You should definitely consult with an...