Archived
If a Plaintiff motion to amend final judgment foreclosure's granted how much time is left for defendant to file evidentiary hear
Jonathan's answer
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Answered on November 14, 2015
Your chance to be heard was at the hearing to amend. You don't get another bite at the apple as the judgment was amended for a very specific...
Archived
In Eviction lawsuit, does the clock stop to file an answer if a motion to dismiss is filed first? (FL, commercial lease)
Jonathan's answer
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Answered on November 14, 2015
Unless you have valid grounds you should not file frivolous motions to buy time. You have to deposit rent regardless. I would say you need to...
Archived
If a judge denies a foreclosure evidentiary hearing and 9 days later your home is sold , can you still appeal after home is sold
Jonathan's answer
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Answered on November 14, 2015
A denial of an evidentiary hearing is likely not appeal or as there is no order to appeal. An evidentiary hearing post judgment is not appropriate...
Are HOA pre-litigation settlements entitled to recovery of attorney's fees?
Jonathan's answer
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Answered on November 14, 2015
You can bill them to the owner's ledger yes. Prevailing party only applies to lawsuits filed in court though. The declaration gives the power to...
Archived
Buyers loan magically fell through after $1500 repairs they requested were done???
Jonathan's answer
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Answered on November 13, 2015
You increase the asking price by $1,500 then I don't see the issue. You blindly trusted the realtor but still benefit from the repairs to another...
Archived
In FLORIDA, Broward, Can a personal injury attorney for a car accident take more than 33%?
Jonathan's answer
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Answered on November 13, 2015
What's your question? $1455 attorney fee is less than 33% of the $6,000 settlement. There is no issue and in fact you got a discount as the lawyer...
Archived
I want to sue based on promissory estoppel, but am being advised by potential defendant that recovery will not include travel
Jonathan's answer
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Answered on November 13, 2015
I agree you have almost zero chance of winning this and a 100% chance of paying more to sue than you could possibly recover.
Usury Rate on a private mortgage....
Jonathan's answer
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Answered on November 13, 2015
Usury is purely interest rate not an equitable interest in any equity. Usury is 18% in Florida.
Archived
Should I refund the tenant money and file an eviction comes the end of the contract term (11/24/15)?
Jonathan's answer
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Answered on November 13, 2015
You may want to resend the letter with the correct date. If you are not renewing the tenancy you should refund the money ASAP so tenant cannot say...
Are automatic renewal clauses enforceable in Florida real property leases between a lessor and lessee?
Jonathan's answer
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Answered on November 13, 2015
There is nothing prohibiting them that Im aware of
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