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Ryan Sanford Grazi

Ryan Grazi’s Answers

149 total


  • I have two weeks of timeshare in Kitty Hawk, NC. I want to get out of these as I no longer use them and most importantly can't

    afford the high maintenance fees and special assessments. Can I file a quit claim deed, or just deed the property back to them? They are deeded properties and no money is owed on them. Do I need an attorney in NC or can I use a local title comp...

    Ryan’s Answer

    You will need to consult with an attorney in NC. I would also suggest speaking with the manager of the time share company. Sometimes they are able to assist in these situations.

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  • On a breech of contract in buying a home will attorney fees be granted and how can they be collected?

    The seller is backing out of the contract last minute. Will she be liable for my attorneys fees? If she doesn't have the money is there a way to take the fees from the profit she makes off the sale of the house if she is making a profit upon being...

    Ryan’s Answer

    While I agree with my colleague that without seeing the contract a definite answer can't be given, assuming that you did use a standard FAR/BAR contract if you prevail the reasonable attorneys fees should be assessed against the seller. Also assuming that you file suit for specific performance, they would be given as a credit at the closing.

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  • Roof being replaced by home sellers.

    The roof didn't pass inspection and in Fl seller is required to replace it unless cash sale in order to get insurance. Seller agreed to replace it. In doing so, the seller told roofers not to worry about the gutters and throw them away as they we...

    Ryan’s Answer

    The answer is that it depends on the contract and the specific clauses in it. You may be able to argue that the gutters were part of the roof because they were attached and they should then be replaced. I would suggest bringing your papers to a local real estate attorney for a specific review.

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  • What can I do, my Uncle is fighting for my house Ive paid on for over 7 years because he is divorcing my aunt?

    The house was purchased during their marriage. I have made an agreement with them to purchase the house. I have made monthly payments towards it, including a down payment. Now that my Aunt and Uncle are getting divorced he wants to kick my family ...

    Ryan’s Answer

    It may be possible to enforce your agreement, even if it was just oral. What attorney Deason said is correct, however there is an exception to the general rule that requires you to prove all the terms of the agreement and that both sides of the deal had been performing in accordance with the deal for some time. I would recommend speaking with a real estate attorney in your area.

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  • What documents do I need to represent a bank at a foreclosure sale in St. Lucie County?

    I am a new attorney and agreed to do coverage work at foreclosure sales for a law firm that handles foreclosures for a bank. I have done a lot of reading on the subject to prepare for my first sale date, but I am a little confused as to exactly w...

    Ryan’s Answer

    First, if you have questions you can call or email me separately. Second, you will need to go to the clerks office before the sale and get the proper forms filled out showing that you are the attorney for the bank and will be bidding for them. They should have sent you the bidding instructions and you will need to follow those. You should be advised that you will be dealing with people that do this daily and live it. They will try to get info from you prior to the sale.

    Good luck

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  • What is the statute of limitations on collecting a short sale deficiency judgement in fl

    Sold the home in 12/2012 as a short sale. Received a deficency judgement letter for the entire amount. What do we need to do?

    Ryan’s Answer

    The bank normally has five years from the date of sale, either short sale or foreclosure sale to seek the deficiency. There are several questions that should be asked and answered to give you a complete picture of your rights and potential liabilities. I would recommend taking the letter to an attorney to review the short sale and give you specific advice.

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  • Is it usual (us bank ntl assn) file an SCRIVENERS ERROR when suntrust is the servicer?

    the home has a final foreclosure judgement and the verdict was reached in 60days after filing the error. Suntrust tried to get a final judgement but didn't get their final judgement when they were asked to produce the original note. can an appeal...

    Ryan’s Answer

    There can be many reasons for an appeal, you need to contact a local attorney and bring then your paperwork.

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  • Can the HOA evict family members given consent to stay in home without paying anything?

    The HOA has already filed a lien and the lien went into foreclosure. I am the owner and I have aloud family members with brand new baby to stay without paying me or without a lease, and now the HOA want to evict them! Can they do that and how lo...

    Ryan’s Answer

    It is not clear from your question if the evicting of the family is the same as forcing them to leave through the foreclosure process. In most cases an association can only "evict" when there is a true tenant in place. An occupant of property that has no obligation to pay rent is not a tenant and therefore not subject to a standard eviction proceeding. You need to bring all your paperwork to a local attorney and try to resolve the problem with the association because if it forecloses then the association has the right to have everyone removed from the property.

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  • If my spouse had a foreclosure 1 year ago would we be able to qualify for a new loan now ? Could we get approved by a bank now?

    Will we have to wait a certain period of time before we could get a loan? Also could the bank deny me/us for a loan if they see my spouse had a foreclosure and I was just on the title with him and public records show me on all the foreclosure docu...

    Ryan’s Answer

    Generally you must wait two years from the end of the foreclosure or short sale in order to qualify for a federally backed loan which most residential loans are.

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  • Looking for an HOA and Construction Law Atty

    Regarding Mold/Water damage, builder neglect, HOA maintenance issue, water under foundation of home- No one wants to take responsibility- What are my legal options- This could be a class action situation- Not the only one in my community with this...

    Ryan’s Answer

    There are a few on answered questions such as when did you purchase your property? When was the property built? When was the turnover from the developer? I know that there are a few lawyers in the Stuart/Port St. Lucie area that do both association work and construction law. I would suggest seeking local counsel of an attorney that it is familiar in both areas.

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