Stephen Brian Bull’s Answers

Stephen Brian Bull

West Palm Beach Litigation Lawyer.

Contributor Level 11
  1. My landlord is going in a tax deed auction what it means?

    Answered over 1 year ago.

    1. Stephen Brian Bull
    2. Alexander Patrick Johnson
    3. Robert Jason De Groot
    3 lawyer answers

    The notice means your landlord did not pay his taxes for at least two years and that a holder of a tax certificate applied for a tax deed. There will be an auction, very similiar to a foreclosure sale, wherein the property will be sold to the highest bidder.

    8 lawyers agreed with this answer

  2. Insurance Company is denying change of beneficiary submitted 1 day before annuitant's death by only child with Power of Attorney

    Answered over 2 years ago.

    1. Stephen Brian Bull
    2. Adam Troy Rauman
    3. Carol Anne Johnson
    4. Joshua Eli Adams
    4 lawyer answers

    There is no telling what the insurance company will do but there does appear a strong likelihood of litigation. There are also a lot of questions that a judge will need to answer. Was the initial change of beneficiary form accepted? Was the second change of beneficiary form submittied timely? How were both change of beneficiary forms provided to the insurer? If the change of beneficiary was mailed prior to the death but received after the death is that sufficient under the insurance policy?...

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  3. I have no insurance and someone hit me . what do I do? Does their insurance pay for the damages? I'm not at fault!

    Answered about 2 years ago.

    1. Peter Scott Van Keuren
    2. Stephen Brian Bull
    3. Jeffrey Alan Adelman
    3 lawyer answers

    You should also go out and immeditately get some auto insurance. If you live in the State of Florida or have a vehicle in the State of Florida for more than 90 days insurance is mandatory. This protects not only you but everyone else on the road.

    7 lawyers agreed with this answer

  4. Breach of contract, contract/agreements, oral agreement? Burden of proof?

    Answered over 1 year ago.

    1. Stephen Brian Bull
    2. Galen J Criscione
    2 lawyer answers

    I agree with my colleague. You would want to present all evidence of the agreement, including your own testimony. However, it is unclear from your statement whether the text messages were from you or the person who agreed to hold the money for you. Self-serving text messages might not be the best evidence but if you have a text message from the other person then that would constitute an admission against interest that could be very helpful at trial. The bank statement, provided it is...

    6 lawyers agreed with this answer

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  5. What are reasonable attorneys fees?

    Answered about 2 years ago.

    1. Stephen Brian Bull
    2. Galen J Criscione
    2 lawyer answers

    The motion for summary judgment should set forth the amount of fees in an affidavit. If it is an uncontested residential foreclosure by a "foreclosure mill" law firm then the fees will likely be between $1500 - $2500. The fees will more than likely be included together with the principal, interest, late fees, costs, unpaid taxes, and other proper expenses allowed under the mortgage in the total amount included in the foreclosure judgment. The judgment will have a sale date where your house...

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  6. If a house is in foreclosure/short sale..should my contract be with the owner or the bank?

    Answered over 1 year ago.

    1. Stephen Brian Bull
    2. Dorota J. Trzeciecka
    3. Sergio Cabanas
    3 lawyer answers

    The contract should be with the owner. However, the contract will likely need to be approved by the bank. There are standard short sale addendums that you can attach to a real estate sale and purchase contract.

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  7. Is allowing easement through my property a risk?

    Answered 10 months ago.

    1. Stephen Brian Bull
    2. Samuel David Cooper
    3. Marshall C Deason Jr.
    3 lawyer answers

    Yes, Yes, and everything and anything is negotiable. You should retain an attorney to review the easement language and advise you of your rights and obligations. The rights and obligations would be set forth in he easement. You might be able to get Family Dollar to agree to pay for an attorney to review and advise you concerning the easement. Also if you grant the easement you should require Family Dollar to maintain insurance that would cover you and agree to indemnify and hold you...

    4 lawyers agreed with this answer

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  8. How can a foreclosure continue when judge dismisses case?

    Answered over 1 year ago.

    1. Robert Dale Bernard
    2. Stephen Brian Bull
    3. Dennis Michael Phillips
    3 lawyer answers

    I agree with my colleague. You should consult with a local attorney. However, your summary of the facts doesn't make much sense. First, a plaintiff does not need to respond to an affirmative defense. Second, a judge cannot dismiss a case for failure of a plaintiff to respond to an affirmative defense. It Is likely you misunderstood the judge.

    4 lawyers agreed with this answer

  9. The seller of real property agreed to warrant that it has fee simple title and to defend the buyer against claims.

    Answered over 2 years ago.

    1. Stephen Brian Bull
    2. Marshall C Deason Jr.
    2 lawyer answers

    No. It is not unusual. It is standard in almost all deeds except quit claim deeds. In fact as a buyer you want the seller to warrant that it has fee simple title in the deed. Also the purchase price has nothing to do with whether a seller warrants fee simple title. Generally if there is any consideration the buyer will require the seller to execute a deed warranting fee simple title.

    4 lawyers agreed with this answer

  10. Does a Motion for Judicial Default (not foreclosure) require 20 day notice for a Hearing or the normal 5?

    Answered over 1 year ago.

    1. Stephen Brian Bull
    2. W Chase Carpenter
    3. Eugene P. Castagliuolo
    3 lawyer answers

    If you already have a clerk's default you do not need to file a motion for judicial default. I think what you want to file is a motion for final default judgment. However, before you move for a final default judgment you need to determine if the damages being sought are liquidated or unliquidated damages. A default merely admits all well pled allegations. Liquidated damges can be determined or are apparent from the documents without need for evidence at a trial or hearing. Typically breach...

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