Archived
Can a HELOC mortgage that has an incorrect legal address description still receive surplus funds from the foreclosure auction?
Richard's answer
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Answered on April 04, 2017
The bankruptcy only eliminated the personal liability of the borrower to repay the promissory note - it did not eliminate the money from being...
Archived
HELLO. MY MOM OWNS A CONDO IN FLORIDA. IS A QUIT CLAIM DEED THE BEST WAY TO TRANSFER OWNERSHIP TO ME NOW?
Richard's answer
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Answered on April 02, 2017
You have probably three choices, but the discussion on which is best for your mother and you is best done face to face or phone to phone with an...
Can my condo association make a spontaneous decision to not allow a POD moving container onto the property so I can move?
Richard's answer
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Answered on March 31, 2017
The issue is that you probably cannot overnight a commercial vehicle (in this case a POD is essentially a part of a vehicle) overnight on the...
Archived
Is condo association responsible for water damage caused by a pipe brea under the foundation when they knew there was a problem
Richard's answer
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Answered on March 24, 2017
I agree with everyone. I would make a claim on your own homeowner's insurance and they will then pursue the condominium association.
You could...
Is there a statutory default interest rate if none is stated on the mortgage document?
Richard's answer
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Answered on March 22, 2017
You need an attorney. Now.
The Loan Agreement may be silent on the default interest rate. Look at the Promissory Note. It could have a stated...
Archived
Can I evict a person living in my rental property that won't pay rent, never had a lease, nor ever paid rent of any kind?
Richard's answer
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Answered on March 20, 2017
I am going to say that an eviction alone is sufficient to get the girlfriend out.
An unlawful detainer is based upon some right of the person in...
Archived
What recourse do I have as a seller to occupy after closing when the buyers are now demanding a rent
Richard's answer
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Answered on March 20, 2017
This is a rather simple contract issue. If there is no ambiguity, no one can unilaterally change the terms of the agreement. If the post closing...
Archived
Does this poa form imply the law firm can cash my settlement check and do what they please with it?
Richard's answer
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Answered on March 19, 2017
I would not get too excited about the money yet. Clearing the funds from a check deposit is typically 10 days. Then from the cleared funds the...
Archived
Does a husband have any rights to wife's property if the property was purchased wit her ex-husband prior to current marriage?
Richard's answer
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Answered on March 15, 2017
In Florida the property would have to be acquired during the marriage to be considered possible property belonging to both spouses. Prior to...
What is the statute of limitations on a Florida mortgage with no demand of payment for almost 30 years?
Richard's answer
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Answered on March 13, 2017
Your issue here is the statute of repose (not the statute of limitations). To clear the lien of the mortgage the mortgage must have expired and 5...
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