W Chase Carpenter’s Answers

W Chase Carpenter

Tampa Litigation Lawyer.

Contributor Level 10
  1. Association holds certificate of title on my unit, I'm trying to get it back paying what I owe, If they accept do I need a

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Ryan Sanford Grazi
    3. Michael S ('Mike') Hagen
    3 lawyer answers

    Unfortunately, without more facts, it is difficult to say for sure. It sounds like the condo association foreclosed on a lien for owed fees. They bought it at the auction, probably for the amount you owed, but maybe more. You’re trying to work a deal with them to get the property back. Here’s the tricky part – they don’t have to. Sometimes they will be willing to negotiate with you, but sometimes those negotiations can be difficult. I would advise speaking with a real estate attorney in...

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  2. Single member LLC, how to write a business check?

    Answered 9 months ago.

    1. W Chase Carpenter
    2. Frank Anthony Natoli
    3. Hilary Metz
    3 lawyer answers

    You sign your name to the check. As the Managing Member of the single person LLC, you’re the one that opened the account for the business and I would presume the only authorized signer to the account. With regard to endorsing, you can sign your name or the company (or you may find it simpler to have a stamp made for the company).

    7 lawyers agreed with this answer

  3. Can I withhold rent from landlord since he has not paid association fees which has caused gate card to be deactivated since oct

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Rex Edward Russo
    3. Barbara Billiot Stage
    3 lawyer answers

    I agree with Mr. Russo. I only write to add that you may also receive notice, pursuant to the FL Statutes, from the association—basically explaining to pay rent to them directly. You would then pay them directly up until the debt the landlord owes is paid. If such notice is given, as it would explain to you, you would not have liability to the landlord until the debt is paid and you are then paying the landlord directly again.

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  4. Is it normally safe for the tenants to sign the lease before the owner? Is there any danger of changing the conditions after?

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Edward J. Fucillo
    3. Robert David Devin
    4. Luisa Fernanda Rengifo
    4 lawyer answers

    Sounds pretty normal to me. Just make sure you get a copy and review it to make sure it’s the same terms and that there’s nothing strange about it. For extra security, initial each page as well rather than just signing at the end of the document. If something has changed, bring it up immediately. Your landlord can’t just stick things in after you’ve signed and say ‘ah ha!’ If he wants additional terms added, you have to agree to them. So, on its face, this doesn’t sound like anything to...

    6 lawyers agreed with this answer

  5. I was sued for foreclosure last year and after 6 months I just received a copy of a "Motion for Summary Final Judgement ...

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Andrew March Lyons
    3. Jeffrey Alan Klein
    3 lawyer answers

    My biggest and best advice is that you need to seek counsel immediately. This forum is not the best for me to get into detailed advice, but I can offer some basics. The Plaintiff does not have to file a response to your Answer and Affirmative Defenses, but your timely filing was a good move as it means you didn’t get a Default entered. It sounds like the bank hasn’t sought to strike your affirmative defenses, so it looks like you still have defenses standing (although I can’t comment on...

    6 lawyers agreed with this answer

  6. Is this non compete a legal document?

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Julia Jenifer McKee
    3. Pamela Koslyn
    4. Frank Anthony Natoli
    4 lawyer answers

    I agree that since you were 17 this may be a moot issue. I would advise having an attorney take a look before you expend sums of time and money into starting your business. However, just for argument’s sake, even with the capacity issue aside, you may fall out of the non-compete’s reach in terms of geographic reasonableness. That is, for the non-compete to be enforceable in Florida, it needs to be reasonable in terms of time and geography. If the new business will be located and operating...

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  7. How to respond to a foreclosure summons in which I have been named a defendant.

    Answered 9 months ago.

    1. Margery Ellen Golant
    2. W Chase Carpenter
    3. Steven E. Nauman
    4. Kevin Benjamin
    5. Jacqueline Alicia Salcines
    6. ···
    6 lawyer answers

    So, if I understand correctly, you were served as a Defendant in a foreclosure on a property you have no idea about or any connection to whatsoever? If that’s correct, it is quite possible that you were incorrectly identified and served. For example, if the title search came up with John P. Smith and you are also John P. Smith… it does happen occasionally that a process server locate would identify you rather than the actual John P. Smith they intended to serve. In this case, call the...

    5 lawyers agreed with this answer

  8. HOA Florida foreclosure.Will transferring my home into a Trust slow the foreclosure process?Is this legal before foreclosure?

    Answered over 1 year ago.

    1. W Chase Carpenter
    2. Samuel David Cooper
    3. Barbara Billiot Stage
    3 lawyer answers

    Ok, well I understand wanting to hold on to your property, but risking a fraudulent transfer is not the answer. I would advise seeking a consultation with an attorney to see if you have a legally viable defense to the action. From a practical perspective, try to work out a payment plan with the HOA. Attempting to circumvent the law will ultimately do more harm than good. Many attorneys will provide a free consultation and can provide you with proper advice.

    5 lawyers agreed with this answer

  9. Fifth Third Bank refuses to give me their contact info for me to send them a Breech of Contract notice.

    Answered about 1 month ago.

    1. W Chase Carpenter
    1 lawyer answer

    Go to sunbiz.org and search the online records for FL Dept of State, Division of Corporations. They'll have a registered agent listed - probably your best bet. When you say "send them a breach of contract notice," do you mean a demand letter or have you filed a lawsuit and received a summons issued by the clerk? If you have a summons issued, you'll need to have a sheriff or process server serve the Complaint and Summons on the registered agent. But, specifically, to answer your questions,...

    4 lawyers agreed with this answer

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  10. My family and i just moved into single family house last month and signed a 1 yr lease.

    Answered 7 months ago.

    1. W Chase Carpenter
    2. Edward J. Fucillo
    3. John Arthur Smitten
    4. Ayesa Phillips
    4 lawyer answers

    For clarity, there is a difference between being in foreclosure and being foreclosed upon. If the landlord has an active foreclosure case pending against him, he is still the owner and can rent the property (and you have a duty to pay rent). Now, if the landlord has actually gotten a foreclosure judgment against him and the bank has purchased the property at auction, that’s a different story. You do have protections against just being thrown out, and the bank will send you paperwork on that....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful