Gary I. Handin’s Answers

Gary I. Handin

Pompano Beach Real Estate Attorney.

Contributor Level 8
  1. Can a widow get out of mortgage obligation when there's a large IRS lien on the home in the deceased husband's name?

    Answered over 2 years ago.

    1. Gary I. Handin
    2. Jonathan P Bochese
    2 lawyer answers

    Yo do not say whether your MIL received a release from the IRS, but assuming that she did, the lien on the house shouldn't follow her because it was placed on the house due to your FIL's tax liability.She can try to do a sale of the property. Since there is equity in the house( a rarity these days) her attorney or the title company can arrange with the IRS for a release of the property and FIL's estate in exchange for their receiving the net sale proceeds of the home. She will be released from...

    2 lawyers agreed with this answer

  2. Is a 24 month rental agreement binding in the state of Florida?

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Gary I. Handin
    3. Rixon Charles Rafter III
    3 lawyer answers

    Provided that the lease is in writing and has been witnessed by two witnesses, it is valid and enforceable. The prohibition is against oral or verbal leases for a lease term of more than one year.

    2 lawyers agreed with this answer

  3. If a Quit Claim Deed is signed Is there a legal document to give the ex. 50% when the house is sold?

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Gary I. Handin
    2 lawyer answers

    I agree with mr. Deason's answer in that you are going to need a separate legal agreement setting forth the terms as between you and your husband. Having said that, if he will deed his interest in the property to you pursuant to an agreement, then perhaps you could get someone to co-sign on the refinance for you in order to qualify. The lender may require that you put the co-signer on the title to the property. You need the advice and services of an experienced attorney in order to get this right.

    2 lawyers agreed with this answer

  4. Need to foreclose on a property, but the mortgage was written incorrectly - it lists another, incorrect and unrelated property

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Gary I. Handin
    3. Samuel John Saad III
    3 lawyer answers

    Tryiing to "Sneak it through the system" is definitely not the answer. In order to foreclose, the person who owns the property described in the mortgage must sign the mortgage. I assume that the person who is the owner of the property you are attempting to foreclose upon is not the owner of both the incorrect parcel and the correct parcel. The mortgage needs to be corrected. This will need to be done by bringing an action to reform the mortgage to correct it to contain the correct legal...

    1 lawyer agreed with this answer

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  5. When can buyer at foreclosure sale of tenant occupied house begin collectIng rent, date of purchase or Confirmation Deed?

    Answered over 2 years ago.

    1. Gary I. Handin
    2. Stephen Clark Harkess
    2 lawyer answers

    The purchaser at a foreclosure sale does not own the property until a certificate of title has been issued by the Clerk of the Court. Only then does the purchaser become the lawful owner of the property and only then can you begin to collect the rents.

    Selected as best answer

  6. What percent of 341 meetings result in the trust sending out an appraiser? What rights do I have. Can the appraiser ask me ?

    Answered over 2 years ago.

    1. Gary I. Handin
    1 lawyer answer

    Generally, the Trustee does not hire an appraiser to appraise the value of the property in the bankrupt's estate. I do not know the exact percentage, but it is small and usually only occurs if and when the trustee suspects that some activity is going on to try and keep assets of the bankrupt out of the hands of the Trustee in bankruptcy. The best policy is to be truthful and not give the Trustee any reason to be suspicious.

    1 lawyer agreed with this answer

  7. Looking for a good real estate lawyer in Miami (Sunny isles, Aventura, Miami Beach)?

    Answered over 2 years ago.

    1. Barbara Billiot Stage
    2. Gary I. Handin
    3. Evelyn Watts Cloninger
    4. Roy David Oppenheim
    4 lawyer answers

    I would suggest trying to look for one on Avvo. If not, try Lawyers.com

    1 lawyer agreed with this answer

  8. How bad will my credit be hurt.

    Answered over 2 years ago.

    1. Barbara Billiot Stage
    2. Rebecca F Emmons
    3. Gary I. Handin
    3 lawyer answers

    It is difficult to know in advance how badly your credit will be hurt. This depends upon several factors. First of all, it will depend on whether the HOA reports delinquencies to the credit bureaus. If so, it then depends upon your age, how long a credit history you have, how much credit has been extended to you compared to your income and whether you have other derogatory accounts on your credit report. It could be 100 points or more depending on your circumstances.

    1 lawyer agreed with this answer

  9. Bank has started returning my money!

    Answered over 2 years ago.

    1. Rebecca F Emmons
    2. Gary I. Handin
    3. Sheryl Ann Edwards
    4. Enrique Ferrer
    4 lawyer answers

    It sounds like the payments you made on the modification were "trial" payments. These payments are not made pursuant to a written permanent modification. You do not state whether an attorney obtained the modification for you or not. Often after trial payments are completed the lender will change the terms of the modification in order for them to agree to permanently modify the mortgage. I would suggest that you hire an attorney experienced in handling mortgage modifications in order to sort out...

    1 lawyer agreed with this answer

  10. How do I remove someone from a Special Warranty Deed in Florida?

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Gary I. Handin
    3. Evelyn Watts Cloninger
    3 lawyer answers

    Your mother can be taken off of the deed to this property by the execution of a new deed, probably a quit claim deed to be signed by you, your mother, joined by your father, if this is or was your mother's homestead property. If it was not her homestead, appropriate language can be added to the deed and your father's joinder in the deed will not be necessary. You do not indicate whether your mother signed the promissory note when you received the mortgage and modification agreement. For...

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