Michael S ('Mike') Hagen’s Answers

Michael S ('Mike') Hagen

Fort Myers Real Estate Attorney.

Contributor Level 13
  1. My spouse died - we did not have a will. Both names are on the deed. Can I sell the house?

    Answered about 3 years ago.

    1. Michael S ('Mike') Hagen
    2. Joseph Franklin Pippen Jr.
    3. Timothy Edward Kalamaros
    4. Jeffrey Scott Goethe
    4 lawyer answers

    If the deed states, for example, Joe Smith and Mary Smith, husband and wife, or tenants by the entireties or joint tenants with rights of survivorship, then your deceased husband's ownership automatically passed to you at the time of his death and you can sell by recording the death certificate (and possibly an affidavit of continuous marriage) with the deed from you to the buyers. If the deed reads "tenants in common" then his interest will not pass automatically and his estate may have to be...

    8 lawyers agreed with this answer

  2. When buying a home with my fiance' how would I protect my initial investment?

    Answered 12 months ago.

    1. Eugene P. Castagliuolo
    2. Richard Paul Zaretsky
    3. Michael S ('Mike') Hagen
    4. Jacqueline Alicia Salcines
    5. John Arthur Smitten
    5 lawyer answers

    I agree with my colleagues: buy it on you own or not at all! This is sound practical as well as legal advice.

    6 lawyers agreed with this answer

  3. The mediator lied about fund dispersment during civil mediation. Is this legal?

    Answered 12 months ago.

    1. Michael S ('Mike') Hagen
    2. John Bruno Dorris
    2 lawyer answers

    By the sound of it this was a small claims case with a non-lawyer mediator. Although in certain limited circumstances you could petition the court to set aside the mediated settlement agreement, the clost of hiring an attorney (I assume you did not have one at mediation) would exceed the money you MIGHT recover. Move on and let it go. At least you got $1,500 and are done with it.

    6 lawyers agreed with this answer

  4. Is there any kind of limit as to how much a Florida roofing contractor can ask for in a deposit?

    Answered about 1 year ago.

    1. Michael S ('Mike') Hagen
    2. Adam Eric Richards
    3. Clifford M. Miller
    4. Mark Steven Paullin
    5. James Pringle Laurie III
    5 lawyer answers

    That is my understanding as well, the amount of the deposit is negotiable. It would be typical that the balance is due upon completion. Be sure to verify the license, insurance and have a written agreement. You may also wish to check for claims against this contractor in the county court records before obligating yourself. Finally, always get a couple bids to compare.

    6 lawyers agreed with this answer

  5. My cousin passed 1-26. Another cousin set a probate case and I have not been contacted. How do I let the courts know of me?

    Answered about 1 year ago.

    1. Michael S ('Mike') Hagen
    2. Sabina Tomshinsky
    3. Robert Jason De Groot
    4. Gary Roger Waitzman
    4 lawyer answers

    Assuming that your cousin died leaving a will to direct his estate's personal representative, that will should have been filed of record in the probate case and you should be able to obtain a copy in order to confirm whether you are a beneficiary. Contact the Clerk of Court for the county where your deceased cousin resided for instructions on how to obtain a copy of that will and the contact info for the attorney representing the personal representative.

    6 lawyers agreed with this answer

  6. If your name is on a mortgage , can you quick claim the deed to alleviate yourself from any more ties to the mortgage ?

    Answered over 2 years ago.

    1. Michael S ('Mike') Hagen
    2. Vincent J. Gallo
    3. Howard E. Enrique
    3 lawyer answers

    As Mr. Gallo stated, merely quit-claiming the home to your "ex" will not remove you from the deed or note. If your divorce decree required your ex to refinance, then that agreement may be enforceable by the court. As long as you remain on the note, you are jointly responsible with your ex for the loan. See a real estate attorney (such as Hagen Law Firm here in Fort Myers) or a family law attorney right away for advice on resolvinge this impasse.

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  7. In a Florida land trust, does the law require to name a trustee in order to take title to real estate? What is the statute?

    Answered about 1 year ago.

    1. Michael S ('Mike') Hagen
    2. Robert Louis Gardana
    2 lawyer answers

    Yes, pursuant to 689.071 (see attached link) a trustee must be named. Land trusts were once the "go to" form of ownership for group real estate purchases because they provided a cloak of anonymity to the beneficiaries and limited their liability to their investment in the property. Now, for every land trust we form we form ten LLCs. They accomplish the same objectives as the land trust. Statute link: http://leg.state.fl.us/Statutes/index.cfm mode=View%20Statutes&SubMenu=1&App_mode=...

    5 lawyers agreed with this answer

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  8. Three people names are on the deed to a house.

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Douglas Ron Coenson
    3. Michael S ('Mike') Hagen
    4. Rex Edward Russo
    4 lawyer answers

    Mssrs. Deason and Coenson are correct. To further elaborate beyond the scope of your question, this would be the appropriate time to review and reevaluate with a real estate attorney the ownership scenario as to this home. Did your mother's share pass to the other two owners by operation of law or is it now in her estate? If it is in the estate, was it her homestaed? What was and is the role of the "co-signer" and would this be the time to buy that individual out or to sell the home? Hagen Law...

    5 lawyers agreed with this answer

  9. Will my lender have to start over with new foreclosure proceedings, since the previous foreclosure was dismissed? I am in Fla.

    Answered about 3 years ago.

    1. Margery Ellen Golant
    2. Michael S ('Mike') Hagen
    2 lawyer answers

    You may have an extended period of time before the first mortgage holder refiles a foreclosure action and even when they do you very well may have in excess of a year thereafter especially if you retain a good foreclosure defense attorney. Above all, do not ignore a summons and complaint if you are served.

    5 lawyers agreed with this answer

  10. Looking for partner/legal advisor for Florida Tax Deed Purchases

    Answered about 3 years ago.

    1. Michael S ('Mike') Hagen
    2. Richard Paul Zaretsky
    2 lawyer answers

    The Hagen Law Firm has been very involved in tax deed buyer representation and the subsequent Circuit Court quiet title actions since 2004. If you are not experienced in these investments a good place to start is with a one hour consultation as to the ins and outs of the tax deed process. Tax deeds can be a good opportunity for a patient and careful investor. Check out our website at MikeHagen.com. Thank you.

    5 lawyers agreed with this answer

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