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Jonathan James Damonte's Answers
- 40 Legal Answers
- 0 Legal Guides
1
Attorney answers:
How do I word Quit Claim Deed 'grantor' clause to add son to title after husband's death, do I state "deceased" after his name?
You do not have to remove your husband's name. You need to record a certified copy of his death certificate on the public records at the courthouse. The funeral home should have given you a 8 1/2 x 11" (letter) copy of his death certificate without the cause of death on it. If not, you can get one from the health department. Staple it to a 8 1/2 x 14" piece of paper (legal size) leaving room at the top, put your name and address at the top (on the paper not the death certificate), and take it...
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Attorney answers:
I am disputing a partial security deposit refund. If I cash the check, am I agreeing to the refunded amount?
Answering in reverse, if you do not sign the hold harmless clause you are not bound by it. As to the security deposit, in Florida the general rule is that cashing the check does not mean you are agreeing to partial payment. Check your lease, though, and make sure it does not have a sentence that says that by accepting the check you are agreeing to the amount. Most leases don't say that, but it sounds like this landlord is tricky, so double check the security deposit provision in the lease...
1 person marked this answer as helpful
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Attorney answers:
Can I give away realestate instead of cash that amounts to what I am allowed?
Yes, you can. The value of the gift in dollars will be based on fair market value (FMV), so be sure to document the property values so that if either of you are ever audited, you will be able to establish what the FMV was as of the date of the gift(s). The best (but expensive) way to do this is by getting an appraisal, although you may also look to the property appraiser's assessment of FMV. Caution: not the assessed value, which may be lower than FMV due to adjustments the property appraiser...
1 person marked this answer as helpful
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Attorney answers:
What would legal fees be to create a coop for a brownstone with 3 apartments? My sister and I inherited the walk-up brownstone.
If you and your sister intend to keep the building and rent apartments you do not need to create a co-op or condo. If you are concerned about liability, form a corporation or limited liability company (LLC) and transfer title by the corporation or LLC. If you and your sister wish to sell the apartments, then it would be necessary to form a co-op or condo. While co-ops are a little simpler to set up, most people in Florida are more familiar with condos than co-ops, so you might want to consider...
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Attorney answers:
Why can`t a LEGAL resident buy a house?
This sound like a lender issue. Unlike many other countries, neither the US or Florida governments restrict youi from buying a home in the USA. Check with your mortgage broker or lender and ask if they will accept a copy of your letter from INS while you are waiting for your green card to arrive.
1 person marked this answer as helpful
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Attorney answers:
My private mortgage lender is holding our insurance check, does he have the right to do this?
You need to have a lawyer read your mortgage. Most mortgages say the lender has the right to either apply the insurance money to pay off the loan, or allow the borrower to rebuild. You need to find out what your mortgage says. Also, since your husband and the lender aren't on speaking terms, you will need to have your lawyer contact the lender's lawyer and see if you can work out an agreement for the rebuild.
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Attorney answers:
Can an addendum be added to a bid on a short sale that does not allow other bids?
Yes, a prospective buyer can add such an addendum, but I wonder if the listing agent told the seller that she had done that. Also, the listing agent should have told your agent that she had a contract in hand and was only accepting back-ups. If it was me, I'd file a complaint against the listing agent with the local board of realtors, and if I knew or could find out who the seller is, I'd let them know, too. In the future, before putting in a bid on a short sale, ask the listing broker if she...
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1
Attorney answers:
My husband's grandmother refineanced the house and then took out a line of credit using house as colleratel then deeded over-
If you and your husband did not sign the promissory notes when his grandmother refinanced or took out the line of credit, then you are not liable for repayment and the foreclosure should not affect your credit. If you or your husband signed the promissory notes, then you are liable for repayment on the note or notes you signed and it will affect your credit. Because his grandmother deeded the property over to you, you will be named as a party defendant in the foreclosure action, but no personal...
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Attorney answers:
Can I buy a house that is owned by a homeowner's assn. but is not paying the mortgage?
Ask the title company if they are offering the property free and clear of all liens and mortgages, or if they are selling it "subject to" the existing mortgages. If they say they are selling it free and clear, make sure the contract for purchase requires them to provide you with title insurance showing free and clear title. If not, you can buy it, but unless the prior mortgages have been either satisifed of record or have been judicially invalidated, the property is still subject to the...
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Attorney answers:
When buying a house with my daughter and son in law. Can they still qualify for homestead excemption?
Yes, but if you are in joint ownership with them but don't live there, the real estate homestead tax exemption will be reduced by your percentage of ownership. They still receive the full homestead exemption from creditors. If you are a tenant-in-common with them, then if you pass away first, your share will have to be probated. If you are joint tenant with right of survivorship with them, then if anyone passes away, no probate will be necessary.
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