Lisa Renee Wilcox's Answers

Florida landlord tenant law, tenants' rights when landlord files bankruptcy

I would first contact the attorney that is handling your landlord's bankruptcy and discuss with them if you have any options. I would also request the bankruptcy case number and the name and number for the bankruptcy trustee. You likely have a claim as a creditor in the bankruptcy that should have been filed with the bankruptcy court. Negotiating with the trustee will be your best chance of getting this resolved in your favor. LISA R. WILCOX, ESQ. WILCOX LAW, P.A. 735 Arlington Ave. N....

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Tenant Rights when a Landlord is in default of a mortagage note

Yes. I would recommend deducting your deposit. Essentially, because your landlord has already allowed the property to go into foreclosure, I would assume that the landlord is currently taking your rent and stock-piling as much money as possible. The landlord and the mortgage companies will remain in legal-limbo until the foreclosure proceedings reach a conclusion and the property is sold. In the meantime, it will be extremely difficult for the landlord to evict you, even if you were to stop...

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Divorce rights in Florida

It is great that you are both willing to resolve the divorce amicably. The cost of the divorce (attorney's fees) will be far less expensive and will take less time. While one attorney could represent both of you, it is generally not done because a conflict of interest. The attorney will not be able to effectively represent your interests in the divorce without potentially harming your husband's interest or vice versa. I recommend that you consult with an attorney that holds themself out as...

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Quitclaims, Mortgages and Ex -Girlfriends !!!!...sounds like a real estate horror movie! Need advice please!

Generally, the only way the Mortgage Co. will agree to release ex-girlfriend from the mortgage will be if you refinance or sell the property and pay off the mortgage. You will not need ex-girlfriend's assistance, if ex-girlfriend has already signed a quitclaim deed and you pay off the mortgage the Mortgage Co. in full.. There also should not be a problem if you sell the home Even if you are wanting to negotiate a short sale with Mortgage Co. or a deed in lieu of foreclosure and have a...

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How to make a legally binding promissory notes if both parties live in different countries?

It will depend on the country in which your friend resides. There are treaties between countries that apply in some cases. Additionally, you need to determine if the loan is secured by real property or other assets. There may be potential tax issues that you need to address. I strongly recommend seeking out an attorney to assist you in drafting the promissory note just in case you need to enforce the agreement at some point in the future.

Is the 3 day recission usable for an agreement with a Modeling consultant?

In Florida, there are a host of statutes that protect the consumer from unfair, fraudulent and deceptive practices. Based on the limited information that you have provided this might be such a case. If you were promised that this company was a modeling agency and then they turn out to be a consultant you appear to have been deceived into entering into this contract. Florida's Deceptive and Unfair Trade Practices Act provides for 3 times the amount of the "actual damages" plus attorneys...

Am I responsible for part of Legal Fees incurred by someone else when it doesn't even involve me?

Unfortunately the last portion the information that you have provided with your question was deleted when it was posted. However, based on what you posted it is definitely possible that you may not be responsible for the legal fees for the impeachment of individuals that are members of a different association. I highly recommend that you review your bylaws and the declaration of condominium for your Association with an attorney. Your Association may also want to consider obtaining a written...

Divorce and selling home.

Your husband may have some interest in the homestead if funds from the marriage were used to purchase remodel or repair the home. Since that is the case, you may not be able to sell the home until the judge in your divorce permits the sale by entering an order to that effect.

I am filing a lein on a property in pinellas county Florida which I need a legal discription , where do I find this?

You can find the legal description on the deed for the property. The deeds may be searched by the owner's name. Most recent deeds can be found on the Pinellas County Clerk of Court's website. If the property was transferred prior to 1985 you would need to go to the Clearwater courthouse's public records department. The clerk of court is extremely helpful in locating deeds.

How to resolve a clouded title, Property in Trust in Florida

1) Because your mother's real property is located in Florida, Florida's state courts will be able to handle the process of clearing the title. 2) The process is called probate administration. If the home was intended by your mother to be her primary residence or homestead then the property would be distributed, exempt from the creditors of her estate, according to the provisions of your mother's Will and Trust agreement. 3) The time that the process takes will depend on several...