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Richard Paul Zaretsky

Richard Zaretsky’s Answers

601 total

  • Missing notary date

    Does a missing notary date on a warranty deed make the deed invalid?

    Richard’s Answer

    An acknowledgement on a deed is a requirement for its recording. However there is no requirement of the notary affixing the date to the acknowledgment.

    A deed otherwise valid that has no notary date for the date the notary acknowledged the signing by the Grantor is valid. Typically a date can be surmised from the facts contained in the deed, such as a date on the first page. Without internal information, the date of the recording would be used and it is that date that is the effective date for purposes of putting the public on notice of the deed.

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  • Statute of Limitations in florida

    second mortgages debts really are 5 years or from the bank to make a foreclosure There has been counting begins 5 years

    Richard’s Answer

    you asked this twice -- see my answer to your first posting.

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  • Statute of Limitations in florida

    second mortgages debts really are 5 years or from the bank to make a foreclosure There has been counting begins 5 years

    Richard’s Answer

    Not quite sure if the question is a riddle or a poem.........
    There are two elements involved in a mortgage and promissory note statute of limitations.
    One if the statute of limitations on the note - which is 5 years from the date it is due or possibly (depending on pending court interpretations) when it was declared in default and accelerated. The statute of limitations does not say the note no longer exists, only that it cannot be enforced in a court of law in Florida.

    The other is the mortgage statute of repose, which in short says that the mortgage no longer is a lien on the real estate. In other words the mortgage ceases to exist. That is 5 years after the date stated as the due or maturity date in the mortgage recording, or if none is stated, then 5 years after 20 years from the date the mortgage was signed.

    This is the same for 2nd mortgages as it is for 1st mortgages.

    See the detailed article on this that I wrote at the link below.

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  • Our house is in joint trust but now we are divorcing, I'm keeping the house, do we file a quick claim then set up new trust?

    The marital settlement agreement states husband will give his share to wife, so is that enough to get new deed or do we still need quick claim?

    Richard’s Answer

    Good question. Normally in a divorce the property is transferred by a quit claim deed from one party to the other. Here you have the property in a "trust".

    The trust would have to be examined to see if the property is truly in a properly made trust. It also appears that you want to keep the property in a trust type vehicle. Understand that the trustee is the defacto owner of the property. The trust then has beneficial interests which are by definition, personal property (like a stock certificate). So the transfer from the former husband to the former wife is a properly made trust would be to transfer the beneficial interest he holds - not the title to the property since the title is held by the trustee.

    That takes the issue over to the trustee. If the former husband is the trustee or co-trustee, likely you want to have him resign that position and have a new trustee appointed by the remaining beneficiary.

    It all is a bit complicated for a non-lawyer to complete so I would strongly urge you to contact a real estate attorney to see how this will work under your property's particular circumstances.

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  • My property is showing that the title was sold to federal national mortgage association on my county website.

    even though 30 days later the judge filed a motion to vacate final judgment dismiss action W/O prejudice, discharge lis penedns and return original documents to me. because of this NO realtor is willing to assist me in trying to sell my property b...

    Richard’s Answer

    Assuming the sale and judgment were vacated, you can speed up the process with the tax assessor by bringing them a copy of the certified court pleadings on this Order.

    The tax assessor is not the public records. And the assessor records could lag the property records by 5 or 6 months.

    Find a realtor that will do their homework - or show them the certified copy of the Court's order.

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  • If a judge denies a foreclosure evidentiary hearing and 9 days later your home is sold , can you still appeal after home is sold

    After final Judgment ,If a judge denies a foreclosure evidentiary hearing and 9 days later your home is sold , can you still appeal the decision after the home is sold in florida ?

    Richard’s Answer

    Also - if your judgment is appealable, you have 30 days to file the Notice of Appeal pursuant to the Appellate Rules from the date of the Final Judgment. If the 30 days has past since the Final Judgment, then you waived your right to appeal that Foreclosure Judgment.

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  • Real Estate Attorney co-signed a mortgage for x-mother-in-law. house now in foreclosure. how can savings be protected?

    Mortgage co-signed in 1998. Divorced in 2012 and responsibility for mortgage not addressed at that time because neither remembered co-signing. Mother in law passed in 2013. x-wife, who also co-signed, got the notices which she ignored. I was ...

    Richard’s Answer

    I agree with Margary.
    You should also learn about the uniform fraudulent transfer of assets act - chapter 726 Florida Statutes.
    For your attorney search, don't just rely on one opinion - get two opinions and one of them should be from a bankruptcy attorney with a broad range of experience including asset protection.

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  • Buying property w neighbors driveway built over property line. Buyer or seller responsible for clearing situation? What to do?

    We're planning to make an offer on a house. Research showed that the neighbor's driveway was built about 4 feet over the property line about 2002-2004. The neighbors bought their house in 2013 and are probably not aware of the issue. The seller (a...

    Richard’s Answer

    Great question. This is not a situation where tall fences make good neighbors. The close proximity of the driveways because of the radius of the cul de sac makes a solution for both adjoining property owners something that literally must occur.

    First, you need to see the plat and see if indeed this is an encroachment or if it is a permitted encroachment. It, or instances of this type of event, may already be documented in the plat or the association documents (if there is an association).

    Then you need to decide if the two property owners are ok with the existing language (should it exist) or better yet, they should enter into an agreement for how to handle the encroachment so it becomes "shared". This agreement should be in recordable form and recorded in the public records and be a permanent understanding between the current parties and their successors and assigns.

    A real estate attorney can look at this and assist you in taking care of the problem - should it really exist.

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  • Should I refund the tenant money and file an eviction comes the end of the contract term (11/24/15)?

    The lease term reads 11/24/14 to 11/24/15.. I posted (tenant refused to come to the door) a Notice of Non renewal and No month to month allowed to tenants on 10/05/2015 which clearly specifies the tenant must vacate on 11/24/15. On 11/03/15 tenant...

    Richard’s Answer

    • Selected as best answer

    Your tenant is playing games with you. They know that the lease is up on 11/24 but they made the payment. On the other hand, maybe this was on "autopay" and they did not turn it off - although that is unlikely since they paid you so early.

    Any tenant that "holds over" against the will of the landlord is a tenant "at sufferance" and the tenant becomes liable for double the monthly rent during the hold over period, without proration of the rent.

    If they are tenant is still there on Wednesday the 25th, they owe the full month in double the amount they already paid to you. And since they made the deposit instead of you accepting the deposit, you cannot be charged with making them a holdover tenant WITH permission of the landlord (thus a month to month tenant). To that end, most attorneys would probably advise you to return that over payment to the tenant now rather than at the end of the lease.

    On the other hand, maybe you want them as a "month to month" tenant. You can terminate a month to month tenancy by giving written notice 15 days or more before the next date rent is due.

    Decide what you want to do and be prepared to speak / meet with an attorney that does this work.

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  • My partner invested $70K into my business to become equal partners both owning 50/50.

    Can we do our own legal operating agreement, confirming 50/50 ownership, also need membership certificates. and to acknowledge my partners investment. Or do we need to pay a ton of money to have these documents drawn up by a business lawyer.

    Richard’s Answer

    It all depends on what is expensive from your prospective. $70,000 for 50% equity is a sizable sum.

    My mantra to persons that ask me this question is usually, "Pay me now or pay me more later". It is best to do it right from the start.

    You can save money by providing a well thought out outline of what the operating agreement should contain. You want to focus on what your duties will be as between the two of you, and how the distributions and cash calls, if any, will be handled. Then just use the simple template of WHO, WHAT, WHERE, WHEN AND HOW MUCH to be sure all those bases are covered.

    Then bring your outline to a local attorney and you will be surprised that the cost to get a proper operating agreement is very reasonable. Membership Certificates are nothing special - just a receipt for the investment. Company books are more important.

    Good luck!

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