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Marshall C Deason Jr.
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Marshall Deason’s Answers

4,800 total


  • Can a person that has a mobile home on heirs property rent it out to a stranger?

    I'm over the estate of my great great grandmothers land and needing help with a brother that has a mobile home on the property and has stalled on contributing to paying taxes that is due, now has moved a tenant in the mobile home.

    Marshall’s Answer

    The facts you have posted are confusing. I am not sure what you mean by "over the estate." Rather than seeking generic advice from an online forum, you should consult an experienced real estate lawyer in your area. Your lawyer can give you specific advice related to the unique situation you present.

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  • Is it legal to sell or finance real property to someone who does not have permission to live and work in the U.S.?

    I do private/hard money loans. Recently someone asked me for a loan, and as part of due diligence it became clear that they are not legally allowed to be living and working in the U.S. Is it illegal for me to make a loan to this person?

    Marshall’s Answer

    If the hard money loans you do are secured by mortgages on residential real estate, you must make them in compliance with the Dodd-Frank regulations. If you are still making these loans in the same way you did two years ago, your mortgages cannot be enforced and you are subject to fines by the CFPB. You should consult an experienced real estate lawyer in your area about your mortgage lending process.

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  • Can I collect property tax and insurance payments along with mortgage payments of principal and interest?

    I make private/hard money loans for real property. Many borrowers "forget" to make their property tax and homeowners insurance payments per the mortgage agreement. I'm considering requiring future borrowers to include property tax and in...

    Marshall’s Answer

    If you are doing mortgage loans on investment or commercial property only and you put a provision is the mortgage allowing for an tax and insurance escrow, there is no problem. However, if you are planning to make residential loans, Dodd-Frank has significantly limited such loans. If you are making mortgages loans on residential property in the same way you did two years ago, your mortgages are unenforceable and you are subject to Fines by CFPB. In any event, you should consult an experienced real estate lawyer in your area to advise you on the Dodd-Frank regulations and to help you put together the appropriate wording for your mortgage.

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  • Qit claim deed

    Can I sign over a quit claim deed back to the person whom signed it over to me if there is a motion for summary judgement against property from a marital settlement agreement from original property owners ex-wife. Property was signed over to me by...

    Marshall’s Answer

    Before you start signing any more deeds and get yourself further involved in litigation, stop and have an experienced real estate lawyer help you analyze the situation. You do not want to do something that will have unintended consequences.

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  • Question for Florida real estate & matrimonial attorney re: property rights in Florida for a legally separated individual.

    Couple enters into a legal separation in New York. If one of the parties thereafter purchases real property in Florida, what are the rights, if any, of the other party. Is that property considered marital property for any reason? What if the ho...

    Marshall’s Answer

    The answer depends on whether the property in Florida is the homestead of the owner. If the property is homestead, the spouse is entitled to a life estate in the property on the death of the owner, and the property cannot be sold or mortgaged without the joinder of both spouses. If you want a more specific answer, you should consult an experienced real estate lawyer in Florida.

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  • If I want to sell the Condo and my roommate doesn’t, what legal action can I take?

    I reside in Longboat Key, FL. I have a mortgage on a Condo that is in my name; however the Title is both in my roommate and my name. If I want to sell the Condo and my roommate doesn’t, what legal action can I take?

    Marshall’s Answer

    You can bring an action for partition to force the sale. However, such an action is expensive and time consuming. If there is not much equity in your condominium unit, you may use it all up in the partition suit. You would be better served to negotiate a settlement with your roommate.

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  • Will a Lady Bird Deed be ok or a breach of contract?

    I live in northwest Florida and have talked to two attorneys and gotten two different answers. My home is not paid for. If I die before it's paid off, will my two adult children will be able to keep the home as long as they continue to make the m...

    Marshall’s Answer

    The answer to your question depends on the wording of the due-on-sale clause in your mortgage. A lady bird deed (but not a will) could violate the due-on-sale clause and give the lender the right to foreclose the mortgage. In addition, some due-on-sale clauses provide that a transfer by operation of law on the death of the grantor could trigger a default. However, it is unlikely in any event that the mortgage lender will foreclose if all of the mortgage payments continue to be paid on time. If you would like a more specific answer to your question, you should consult a lawyer in your area who is experienced in both real estate and estate planning.

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  • Question about deeds

    Can too many quit claim deeds between family members cloud the title of a house assuming they were done correctly? Or is it the last deed that matters?

    Marshall’s Answer

    There are usually multiple deeds in a chain of title. The number of deeds is not a problem. However, do-it-yourself quit claims on forms that people have Gooled, are usually prepared improperly. If you are unsure whether there are problems with your title, you should have it examined by an experienced real estate lawyer in your area.

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  • Deficiency Judgment

    In Florida State, whats the difference between a deficiency judgment and a judgment?

    Marshall’s Answer

    A deficiency judgment is a money judgment. It can be enforced like any other money judgment in Florida. If properly perfected it can become a lien against any real property owned by the judgment debtor in Florida. If you need more specific information about a deficiency judgment against you, you should consult an experienced lawyer in your area.

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  • Do I have a case against the county

    10 years ago , the county allowed and permitted a builder to build 2 homes on the property next to mine , we had a natural downhill grade which allowed water to run off the properties , When they built these homes they also authorized above ground...

    Marshall’s Answer

    The answer to your question depends on more facts than you have posted. Is there any type of drainage plan or reciprocal drainage easements? Do you have an engineering report detailing the causes of the lack of subjacent support for your foundation? When did you first notice there was a problem with drainage? Have you had any discussions with your neighbors over the last 10 years about drainage issues? Rather than seeking generic advice from an online forum, you should consult an experienced real estate lawyer in your area. Your lawyer can advise you on whether you have any redress for the drainage problems.

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