Richard Paul Zaretsky’s Answers

Richard Paul Zaretsky

West Palm Beach Real Estate Attorney.

Contributor Level 14
  1. Is it easy to get out of an AS-IS Residential Real Estate Contract in Florida? I am paying cash and there are no contingencies.

    Answered 6 months ago.

    1. Tara Marie Warrington
    2. Richard Paul Zaretsky
    3. Stephen Ross Cohen
    4. Abdelrahman M Zeini
    5. Jacqueline Alicia Salcines
    5 lawyer answers

    It is a half truth that you can back out of the contract. In the typical Florida "As Is" contract to purchase real estate you can back out at your whim at any time - provided it is within the time period for making inspections of the property. If you are outside the time period for making inspections, then you cannot back out "at your whim" - it must be tied to some other contingency that fails (like financing).

    9 lawyers agreed with this answer

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  2. When buying a home with my fiance' how would I protect my initial investment?

    Answered 6 months ago.

    1. Eugene P. Castagliuolo
    2. Richard Paul Zaretsky
    3. Michael S ('Mike') Hagen
    4. Jacqueline Alicia Salcines
    5. John Arthur Smitten
    5 lawyer answers

    I generally agree with Eugene. However you can enter into an agreement IN WRITING with your partner regarding the future disposition of these potential funds. The agreement must be done carefully and correctly because if you do get married and this does become your marital home, your spouse will have certain constitutional rights that you need to address now, in this agreement. This is not something you can do on your own and get it right. You need to meet with either a real estate...

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  3. I want my ex-husband to sign a quit claim deed so I can save my house form foreclosure, do I need real estate or family law?

    Answered 12 months ago.

    1. Richard Paul Zaretsky
    2. Dean George Tsourakis
    3. Jacqueline Alicia Salcines
    4. Robert Jason De Groot
    4 lawyer answers

    Divorce, Co-Ownership, and uncooperative co-owners. This seems to be the question of the day. I wrote about it in an article whose link is attached below.

    9 lawyers agreed with this answer

  4. I am in foreclosure and hired a Attorney last March, I now have heard thru another source who received notice of a court hearing

    Answered 12 months ago.

    1. Denny Marlowe Fox
    2. Richard Paul Zaretsky
    3. Jacqueline Alicia Salcines
    4. Margery Ellen Golant
    5. Onochie Onwuemene
    6. ···
    9 lawyer answers

    1. Contact the Florida Bar by telephone and advise them of your missing in action attorney. He/She may have been disbarred or maybe worse. Probably stop making those payments. 2. Contact a new attorney to take over the case. Based on your situation (and proven by your Florida Bar file), you may be able to get more time for your new attorney to get up to speed and possibly pick up or even fix things your other attorney should have but did not do.

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  5. If I file a partition petition can I withdraw it if the other party agrees to a buy out?

    Answered 7 months ago.

    1. Richard Paul Zaretsky
    2. Stephen Ross Verbit
    3. Michael S ('Mike') Hagen
    3 lawyer answers

    Yes - you can dismiss the case but you want to be careful to include releases in the overall agreement so you don't have to pay costs or fees for the dismissal to the other party. Often the filing of the partition action is used to spur a settlement from an otherwise reluctant co-owner.

    8 lawyers agreed with this answer

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  6. I file ch-7 bankruptcy on 8/4/2014 to stop foreclosure sale on 8/5/2014 ....I have a case # but sale went on anyway.

    Answered 3 months ago.

    1. Richard Paul Zaretsky
    2. Chae A. Dupont
    3. David Michael Goldman
    4. Lisa Torelli McCue
    5. David Lloyd Merrill
    6. ···
    7 lawyer answers

    I'm sure a bankruptcy attorney will give you the full details - but justice has not been denied and the sale is not complete. You or your attorney need to file the Suggestion of Bankruptcy in the trial court action immediately. The sale will be reversed and cancelled. No certificate of title has yet issued as it cannot be done until at least 10 days from the date of the sale. But the filing of the Suggestion of Bankruptcy is critical at this point to get to that point.

    8 lawyers agreed with this answer

  7. Went though bankruptcy. Iam to surrender my home, which is in foreclosure. Can I sell the house befor the foreclosure sale day

    Answered 6 months ago.

    1. Richard Paul Zaretsky
    2. Roy A. Praver
    3. Margery Ellen Golant
    4. Richard D. Granvold
    5. Jacqueline Alicia Salcines
    6. ···
    8 lawyer answers

    The question is what did the bankruptcy do regarding the 2nd mortgage. Did it strip the lien from the home or did it merely relieve you personally from the debt but your home is still encumbered by the 2nd mortgage. In either case you can sell the home - but if there is still a lien on the home from the 2nd mortgage, then you have no equity to realize from the sale and the sale would be a "short sale" in regards to the 2nd mortgage. You should clarify this with your bankruptcy attorney.

    8 lawyers agreed with this answer

  8. Have contract on home. Need to get out of it because of most recent medical emergency. To close sometime in april. Options ?

    Answered 8 months ago.

    1. Richard Paul Zaretsky
    2. Robert P Garven
    3. Sabina Tomshinsky
    4. Vincent J. Gallo
    4 lawyer answers

    This is one of those situations where you need to look through the eyes of the buyer. Sort of putting the shoe on the other foot. The buyer has a firm contract. The buyer likely has done things himself regarding his situation in reliance upon closing this transaction. Therefore they buyer will either toss all that away, or demand money to allow you to get out of the contract, or make you perform. Typically the answer is either money or perform. Also you need to consider any real...

    8 lawyers agreed with this answer

  9. How the program money for your keys works in florida?

    Answered 12 months ago.

    1. Jeffrey Alan Klein
    2. Richard Paul Zaretsky
    3. Robert J Adams Jr.
    4. Cortney Sedighi
    4 lawyer answers

    You have indeed lost ownership of the home and the next step in the legal process is for you to be served with a "writ of possession" by the sheriff. The writ of possession will give you 24 hours to leave (excluding weekends) after which the sheriff will come and take you and your stuff and literally put them on the street curb - you included. To avoid that situation and to have you promise to leave the house "peaceably", the new owner has offered you some money to help with your move. The...

    8 lawyers agreed with this answer

  10. I have a debt with the Condo Association and threaten to foreclosure how to stop this action?

    Answered 11 months ago.

    1. Margery Ellen Golant
    2. Richard Paul Zaretsky
    3. Andrew Michael Bonderud
    4. Dorota J. Trzeciecka
    5. Barbara Billiot Stage
    6. ···
    6 lawyer answers

    You did not say why you let this fall behind. In any event, I have the same advice - pay it either in full or in installments. I have previously called the association rights to foreclosure the "flea that killed the dog". The association is just as important as the mortgage, and just because the amounts are much smaller than the mortgage payments does not decrease the importance of paying it.

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