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Sherri Kandel Dewitt

Sherri Dewitt’s Answers

32 total

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

    stains on the carpet. The carpet is only 4 years old. They said that they had stanley steamer come in and clean the carpet but the stains have returned. I would like them to replace the carpet but they are telling me that I can only get a depr...

    Sherri’s 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 carpet.

    While I know this may not seem fair to you, requiring the tenants to pay for new carpet would put you in a better position now than when they moved in. There is an argument, however, that the tenants should pay for new carpet because you cannot reasonably replace your carpet with used carpet. Thus, in my opinion the most equitable remedy would be replacement of the carpet, especially if there is also any pet odor that cannot be reasonable removed from the old carpet.

    This answer does not create an attorney client relationship and should not be relied on as legal advise

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

    The objection to Foreclosure Sale: The Sale was conducted improperly. Deny items 1 & 2 of Summons.

    Sherri’s 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 action for you. Assuming, however, that the procedure was improper or that you did not receive sufficient or proper notice of the foreclosure action, then a Motion to Vacate the Sale and Title may be appropriate.
    You should definitely have an attorney review your file and all of the pleadings in the foreclosure action to determine if you have a basis to try to set aside the sale and certificate of title.
    This answer is not intended to provide legal advice ,does not create an attorney client relationship and is provided only in accordance with the rules of Avvo.

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  • In a commercial property foreclosure, can the mortgage lender seize the owner's personal property/assets?

    Can a commercial mortgage lender seize the personal property/assets from the borrower if the commercial property goes into foreclosure?

    Sherri’s Answer

    The rights of a commercial lender are generally governed by the documents executed by the borrower and lender at the time of the purchase and/or financing of the real estate. Often a lender will require the borrower to execute an assignment of leases, rents and profits and may also require that personal property be pledged as additional collateral for the loan. If such documents are in place, then it is possible for the lender to foreclose on your personal property and other assets as part of the foreclosure proceedings.
    If these documents are not in place, then the lender can not foreclose on your personal property and assets as part of the original foreclosure proceedings, but may be able to seize them after these proceedings if there has been a deficiency judgment entered against you. A deficiency judgment is a judgment against you personally and allows the lender to seize your personal property and other assets
    You should have an attorney thoroughly review your loan documents and your situation so that you can know whether you have any defenses to these attempts to seize your personal property and assets.
    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

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

    Father has had custody (direct language from order) for 1.5 years, mother voluntarily gave it up. Both have moved to FL and since then have had a unwritten agreement to split time 50/50 and have alternated weeks since. Father found out the Mothe...

    Sherri’s Answer

    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, that the actual arrangements have been different from those in the Final Judgment for a long time, second, the prostitution charge. It is questionable whether the prostitution charge would by itself constitute a substantial change in circumstances. One of the issues here would be whether the children were affected ina ny way by her activities.
    I would definitely recommend that you consult with an attorney to review your situatio in more detail.
    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

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

    The father had custody since mom signed an amscot paper saying it and dcf said let the child go stay with mom for the wkend. Mom did not give her back. Dcf did nothing said it was 50 50 well 1 wk later While all this happened the father filed and ...

    Sherri’s 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 aid will appoint an attorney to represent her at no charge to her. Contact the legal aid society in your county to see if free help might be available to you.
    I can tell that you have the child's best interest in mind and wish you well.

    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

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

    My spouse and I bought a house a few years ago and the realtor was a personal friend of his. We have since separated and he stayed in the house, allowing it to go into foreclosure. During the foreclosure, I have been able to see that someone witne...

    Sherri’s Answer

    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 attorney to help you with this. It sounds like you have a lot riding on the outcome and like you may have a good chance at prevailing if it is handled correctly.
    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

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  • Short sale home listed @ 299,999, but bank wants at least 375,000

    Why is ok for a realtor to list a home so far under what a bank is willing to except.But home buyers will waste months before finding this out. This doe not seem right,its kind of like false adveristement.....

    Sherri’s Answer

    I agree with the previous answer. Often it is very difficult for a Realtor to know what a bank will accept as a short sale. All they can do is provide an educated guess. This situation is made even worse because lenders can take many months to decide whether to accept a short sale amount. In the meantime, the owner may be facing foreclosure and having to make decisions regarding the foreclosure process without any information forthcoming about the short sale request. This is a part of the process that can be very frustrating and costly.
    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

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  • How can I stop a neighboring commercial tenant from blocking our shared parking area and charging people for what should be free

    I own a restaurant in a commercial building with a shared parking lot behind it. My next door neighbor is a nightclub that was open years before I was. Instead of paying their valet company, they let the valet sell the parking spaces and keep th...

    Sherri’s Answer

    It sounds like you are in a difficult situation. Your remedies will be governed by the terms of your lease. If the lease allows you and your customers free access to the parking spaces during the times your restaurant is opened, then the Landlord may be in breach of the lease agreement by allowing your neighbor to deprive you of those rights. Also, it might be important to know what lease terms are contained in the nightclub's lease. I would consult with an attorney as soon as possible since it appears as if this situation is becoming very costly for you.
    Also, you should give your landlord written notice of this problem after a thorough review of your lease and the damages you have sustained. It would probably be best to have a lawyer provide this notice on your behalf.

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  • My landlord refuses to fix the garage door which cannot open automatically. I showed my landlord that he recognized it's problem

    My landlord refused to fix the garage door in the house I am renting, which cannot open automatically one week ago. I showed my landlord that he recognized it's problem. He told me that I am in charge of that, not him. But I don't think so. A...

    Sherri’s Answer

    Your situation illustrates why it is so important even for renters to thoroughly inspect the premises before signing a lease agreement. The other thing renters can do is ask for a written disclosure or representation from the Landlord as to the working condition of all electronics and appliances. I know this doesn't help your situation right now, but maybe other tenants can learn from your experience. I am sorry you have no better options at this point.

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  • If a landlord uses a tenants electricity to renovate another unit is this fraud

    My landlord used my electricity for 3 1/2 months to renovate the unit next door to me he said he would comensate my by reducing my rent. he did take 100.00 off 1mo of my rent. My electric bill went from an average of 149.00-199.00 to 478.00-528.00...

    Sherri’s Answer

    A landlord typically does not have the right to use your electricity to renovate a neighboring unit without your permission. However, this would not be fraud, but unjust enrichment or possibly even theft (depending on whether you consented to the use). You should first contact the landlord and request that he reimburse you for the remaining balance for his use of your electricity. Be sure to show him documentation of the pricing and if possible have him sign something stating that he will reduce the rent by this amount or reimburse you for the expense. If this does not work, you can always sue the landlord in small claims court. However, I always recommend trying to solve these types of matters amicably as you do not want the landlord to make your life difficult in other ways. Try to negotiate with the landlord and see if you cant work something out.

    Please note that I am a Florida attorney and I am not aware of all laws that may be in place in your state. The above statement is just general advice and is not to be taken as legal advice or to create an attorney client relationship. I hope you are able to work out the situation with your landlord and wish you the best of luck.

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