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Carol Anne Johnson

Carol Johnson’s Answers

3,031 total


  • Can I go after inspector and what are my options for this? I have been out LOTS of money now.

    I paid for an inspection and found out later that the inspector did not inspect the house correctly and missed some very important issues.. I was from out of state. When finally moving to properly I find a bunch of stuff that was hidden by seller...

    Carol’s Answer

    I really hate to keep hearing stories such as yours - mainly because they are so easily avoided! You need to make a 'note to self' - when purchasing an out-of-state property, hire a good attorney to keep track of things that may come up. Did you not make a final inspection / walkthrough before you closed? Since most of the inspection and walk-through are your responsibility, the realtors are correct that you are pretty much on your own here. Since most of the items you mention fall under the "observable by inspection" category, you cannot sue for not seeing something that would have been apparent had you done a walk-through or hired your own inspector. So sorry this has happened to you. Lesson learned.

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  • Lady Bird Question

    I understand that their are benefits with Lady Bird Deeds, but what I don't understand is what use they end up being if they don't allow the remainder person to sell due to unmarketable title. So really, what is the benefit in the long run? Can ...

    Carol’s Answer

    There is nothing inherently "unmarketable" about a lady bird deed that is validly prepared by a good real estate attorney - same can be said for any deed. If you get one off the shelf, you have to be able to fully understand the implications of how a person is named to take title or you can get into title trouble. But, these are very valid deeds for maintaining control of an asset until after death and then being sure it passes out of probate to the remainder. How is trouble avoided? Have it drafted by a good attorney.

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  • Where do we go from here?

    We are buying a moble home we have been here for 2 years, the county shows up and says the taxes have not been payed by the former owers i turn this notice over to the company we are buying from july 17,2014. I guy shows up with legal papers sayin...

    Carol’s Answer

    You immediately need to hire an attorney. You may have a cause of action against a) the person who sold you the property for non-disclosure of a material fact, and b) the title insurer and/or the attorney who handled the closing. Yes, if taxes were not paid after the county gave you notice that they weren't paid and someone buys the tax deed - the home is his. Hire an attorney.

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  • What steps do I have to take in order to get this accomplished?

    I have an LLC set up and would like to put a commercial property that I own that's currently in my personal name into the LLC name. I'm in Florida and the LLC is registered with SunBiz. It's a retail office building. By May, I would have to file...

    Carol’s Answer

    To add to what Attorney Deason has said, is the property currently mortgaged? If so, there may be docs stamps involved and the mortgagee may not be interested in removing you as an interested party, so the benefit may be limited. Additionally, many insurers will not insure a property owned by an LLC - which is beyond me, but you will want to check with your current insurer to make certain that they will not drop coverage. As stated, though, legal assistance will be important in drafting the proper deed to accomplish this transfer.

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  • Neighbor cut my trees, how do I deal with him?

    My neighbor cut 20 of my Areca Palm in half. The palms line our two properties. I installed them about 10 years ago. They are 100& on my property (property Survey in hand), there could have been a few palm fronds over hanging his property but n...

    Carol’s Answer

    Unfortunately, there is no good answer for your dilemma. It would appear that your neighbor took exception (for whatever reason) to your trees. By law, he has every right to trim back any foliage that extends onto his property. You CAN hire an attorney and make it about the trees, but it may also create an enemy of a neighbor. You need to decide what is more important - good relations with your neighbor or nice Areca Palms. The other option is to put up a privacy fence and put the palms on the interior of the fence - well away from the neighbors property line!

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  • What course of action can I take to stop her actions and penalize her and get my closing done?

    Divorce final in 2006, wife signed quit claim because I paid her her half of equity and agreed to get her removed from mortgage. Between foreclosure, her false story of domestic violence, shady robo-signing scandals etc I have been unable. We are ...

    Carol’s Answer

    This is not really a real estate matter as it is a civil matter or family law matter. You need to hire an attorney and have her cease and desist. I'm not sure what you mean by "..too many years" , but you need to sit down with an attorney - which is your first course of action.

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  • Does the attorney also represent myself, or just the trustree?

    I am an trust beneficiary and i have been questioning the trustee re: house sale and inventory of items to stay with the house, which i am a legal resident what if i believe my list is correct, and have been ordered not to speak in any form to the...

    Carol’s Answer

    NO! This is a common mistake. The attorney for the trustee represents the trustee. Is the home part of the trust? Who has been ordering you "not to speak"? There is too little information to give you a qualified answer, but I can suggest that you need to hire your own attorney to represent your interests if you feel the trustee is not being truthful with you or providing you what you are legally entitled to receive.

    Your own attorney can review the trust and the accountings and provide advise as to your entitlements. OMT - if you are living in the home, I would certainly suggest making your OWN list of items (inventory) that you expect to remove from the house upon sale. Good luck.

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  • Do I have to pay tax on stock or money that I've inherited?

    My mother passed away and left a sizable estate consisting of money and stocks...I am the executor and may or may not take the fee of 2-3% because I think tax is due on it, right? However, if I decide NOT to take the executor fee...and I just take...

    Carol’s Answer

    You have asked this question numerous times. In Florida, you will not be able to obtain any monies from the estate without going through probate. Additionally, if the estate is worth in excess of $75K, then you will need to do a formal administration and will also have to hire an attorney - who can, and will answer all of your questions.

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  • Does my Trustee have to sell it to them?

    The homestead property of our parents is in my Trust. My brother's share is not in Trust. My brother and his family want the home. They do not want the house sold to a third party. The other home was sold 'privately ' to a third party.

    Carol’s Answer

    If the property was left to you in trust, then your sibling has nothing to say about it, unless the trust directs that it remain in the family. Your trustee has to follow the Trust instructions for the benefit of the beneficiary - you. If your brother is willing to pay fair market value, why not just sell it to them?

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  • Privacy fence in town home community was build by my neighbor but it is not allowed in HOA agreement.

    My neighbor build a privacy fence on his backyard, which is not allowed. He did asked for permit from our HOA Management company, they did not responded in timely manner so he got permit from the city and build it. Our HOA must answer with in 30 d...

    Carol’s Answer

    Attorney Deason is correct. Additionally, if the HOA failed to do their job and you are aggrieved as a result, you may have an action against them for, basically, dropping the ball.

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