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Marshall C Deason Jr.'s Answers
- 1,958 Legal Answers
- 9 Legal Guides
3
Attorney answers:
I RECEIVED A DUPLICATE CHECK FOR MY REAL ESTATE ATTORNEY'S TRUST ACCOUNT WHICH I KEPT.
You stole money from your law and spent it on risky investments. You will probably be prosecuted for your crime. While you should ask the lawyer handling your bankruptcy about homestead protection, I expect your home for the next several years will be one with iron bars in which you and your neighbors all wear striped jump suits.
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4
Attorney answers:
Home owner association lien Foreclosure I own is in an active short sale.
When you bought the condo at the condo lien foreclosure sale, you bought it subject to a first mortgage. This mortgage is probably in foreclosure. If you do not pay off the first mortgage, you will own the property only until that foreclosure is completed. That being said, the listing agreement that the previous owner signed cannot be enforced against you - it was voided when you bought the property. You have the legal right to rent the property while you own it to your brother. This is a...
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4
Attorney answers:
As a single owner of an LLC lawn service how can I hire a helper?
An LLC is a business whether it is owned by one person or many. You can hire employees just like any other business. You should consult a CPA or payroll service to help you in handling the paperwork you will need for your employee. You are required to comply with the requirements for deducting federal income tax, social security, and medicare from your employee's pay. You should not pay your employee under the table for cash.
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2
Attorney answers:
Do I have a valid commercial lease or not?
Your lease is not valid until it is signed by both the landlord and the tenant. If the lease is for more than one year, there must be two witnesses to the signatures. Until the lease is properly executed, you do not have any rights to use the property nor do you have any action against the landlord for damages. You are stuck waiting for the landlord to sign the lease. if you are unsure of your rights or responsibilities, you should consult an experienced real estate lawyer in your area.
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3
Attorney answers:
LLC partnership
In addition to an LLC (limited liability company), you may want to consider structuring the business as an LLP (limited liability partnership), LP (limited partnership), or LLLP (limited laibility limited partnership), or an s-corporation. The participants in all of these entities are tax on their shares of the profits and can deduct their share of the losses. There are advantages and disadvantages to each type of structure. This is not the kind of decision you should make with information...
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3
Attorney answers:
Whom and how to notify if Plaintiff is a corporation and litigating case without counsel? (FL Landlord/Tenant)
You do not have standing to file pleadings in anyone else's case. Your main concern should be winning in your case rather than trying to seel justice for other people the landlord has cheated. While your motives may be good in wanting to reopen old cases, anything you do on cases that you are not involved in will hurt your case. If you want to discuss the situation, you should consult an experienced real estate lawyer in your area.
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4
Attorney answers:
Can I lose my property (2 condos) if my adult childrens names are on the deed & they file bankruptcy in the futture?
There are several ways that you can structure the ownership of your condos so that they will pass to your children on your death, but still be protected from the creditors of your children. For example, the could be put into a Florida Land Trust or you could create an enhanced life estate. The choice that is right for you is not something that you will be able to decide with information from an online forum. You should consult an experienced real estate lawyer in your area to help you...
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3
Attorney answers:
Using escrow to settle dispute
Escrow are good vehicles to settle disputes, as long as everyone agrees. For the escrow to work, you have to have a good escrow agreement. The agreement must specify the property being held in escrow, identify the escrow agent (who should be independent of the parties), list the duties of the escrow agent, and list the events that trigger action by the escrow agent. These are complex agreements and should be drafted by an experienced real estate lawyer to prevent problems.
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3
Attorney answers:
Can I block acess to my property
From the information you have given, it is not possible to give you a complete answer. You chain of title, your neighbor's chain of title, and any plat of your property would have to be examined to determine whether an express easement has ever been granted. You said that your neighbor has used the access across your property for "years"; if the years number 20, your neighbor may have established a prescriptive easement across your property. In addition, as the provious poster indicated, you...
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2
Attorney answers:
I was offered relocation assistance. Is it customary to sign a blank agreement? What are my rights?
You should not sign any agreement in which important information is not filled in. Tell the agent from Fanny Mae to fill in all of the blanks before you sign.
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