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Todd Bruce Allen
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Todd Allen’s Answers

10 total

  • What happens at an exceptions hearing???Does the orignal reccomndation get thrown out??

    we already went to court in december and the opposing party filed exceptions late and now we are having a rehearing on her exceptions.What happens at this exceptions court date is new evidence allwoed or does the orignal decsion get thrown out??

    Todd’s Answer

    The judge will review the exceptions filed against the magistrates report and recommended order. If the exceptions have merit, the judge will deny the magistrates report and order and enter their own order. If the judge denies the exception, the judge will likely adopt the report and enter the recommended order.

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  • I live in a 55 and over community who has a managing firm Sandcastle. They want to remove my cat or fine me $1000.00 .

    Can they do that?

    Todd’s Answer

    It all depends what the declaration says.

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  • Do I have to reschedule on Return Hearing if the other party's atty says they can no longer attend the date it was scheduled?

    We have a return hearing scheduled and the opposing party has contacted me to say they need to reschedule due to a conflict. The next available date is 3 months away. Do I have to agree to reschedule? This is a family law case.

    Todd’s Answer

    You don't have to, but the court is likely to excuse the other side and reschedule if it's a legitimate conflict.

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  • Money Loan: A family member is nice enough to forgive a small IOU/loan that I took out with her. What paperwork will I need?

    She will mail me a hand written letter, dated and signed. She then wants me to make a copy for myself and send her back the original. Should I keep the original? I do not want to make a mistake on this important matter. Must it be notarized? She i...

    Todd’s Answer

    Need more information. Generally the letter might be enough, but she should sign it in front of two witnesses who also sign the letter.

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  • He now wants the car back,can he just take it?

    My live in boyfriend and I bought a car with my car as the trade in, we have broken up and he wants to take the car without any compensation to me.

    Todd’s Answer

    If his name is on the title, he may be able to take it for now. However, that wouldn't preclude you from suing him for your contribution to the purchase price of the car.

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  • Will our credit be hit if we walk away from a timeshare we own in St Maarten? How can we get rid of it legally?

    Our deeded Timeshare, Caravansari Beach Resort, in St Maarten is under foreclosure due to the owner defaulting on his construction loan with Scotia Bank. We own our units outright...only pay yearly maintenance to use it. Resort is saying they pl...

    Todd’s Answer

    Sometimes you can do a deed in lieu of foreclosure.

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  • If you get sued by a creditor for a Deficiency Judgment, how do they find your assets? Like a safe deposit box.

    Looking for best way to protect assets from bank. Have a lot loan that came due for $111k, bank refused to give me another loan. Could not get any other banks to give me a loan on land as well. Wife and I are both on Mtg but I'm the only one on ...

    Todd’s Answer

    Florida has a fact information sheet that the court can force you to fill out. The form requires you to disclose all of your assets and bank accounts. Another way the bank can find your assets is to file writs of garnishments on every account you wrote a check to them from. Most banks keep copies of payments they recieve. They can use those checks to determine which banks you have accounts with and will garnish them. I suspect your safe deposit box is at a bank you have a checking or savings account at. Any writ of garnishment will seize that safe deposit box.

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  • Can I sue the HOA board for damages to my home and or punitive damages from their contracted landscape company?

    My front window of my house was shattered and the blinds cut in half, walls and flooring damaged from a landscape company operating a bush hog tractor across the street hitting a metal sewer cap that flew 250 ft across the street into my home. It...

    Todd’s Answer

    The landscaping insurance company will cover the damages. You should consult the declaration or other governing documents to see if the window is association property (common or limited common elements).

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  • Can the bank sell my mortgage after a dismissal without prejudice

    Went with chapter 7, surrendered home, foreclosure was dismissed lis pendens discharged. Can someone else buy the debt and start the process all over again? Bank informed me that there was to little equity in the property for them to pursue. Also ...

    Todd’s Answer

    Yes, they can sell the debt and restart the mortgage foreclosure process. If you were successfully discharged in your bankruptcy you have no obligations under the note. Consult with an attorney to get your name off the deed.

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  • I am being treated unfairly at work by my boss.

    I asked for vacation and he said I could not take 2 weeks, then he's letting another guy take vacation for 2 weeks after the weeks I was asking. So I talk with other store managers and my district manager and they both told me to take 2 days off t...

    Todd’s Answer

    Strictly follow the vacation policy. If your request is denied ask them to put the reason for the denial in writing. Document every conversation you have - date, time and details.

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