Archived
Federal tax question on Residential rental home, JV or Parternship for husband and wife, which is better and why?
Marshall's answer
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Answered on March 28, 2014
There a many ways you and your wife can own the house. For example in addition to the joint venture and partnership you mentioned, it can also be...
Deed of Trust: Bank requiring spouse to sign on refi
Marshall's answer
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Answered on March 28, 2014
The Florida Constitution requires that both spouses must sign mortgages on homestead property. If you can lower your monthly mortgage payment by...
Archived
Deed of Trust: Florida: Can it be voided if spouse did not sign?
Marshall's answer
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Answered on March 28, 2014
The security instrument for real estate in Florida is a mortgage, not a deed of trust (which is used as a security instrument in some other...
Archived
Does County Clerk (Grantor of tax deed) have obligation sign a corrective deed if the deed resulted in an invalid conveyance?
Marshall's answer
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Answered on March 28, 2014
You should consult an experienced real estate lawyer in your area. You may have to file an action to reform the deed. You can probably do this in...
Archived
How would a deed read if it says right of survivorship? I don't see it anywhere
Marshall's answer
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Answered on March 27, 2014
I agree with my colleagues. However, it is not clear from your posting exactly what you want to achieve. Do you want you heir to own you half of...
If there is no consideration for a land transfer, do I need to pay any type of document stamp tax when filing the deed.
Marshall's answer
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Answered on March 26, 2014
You are only required to pay documentary stamps on the value of the consideration paid for the transfer of the property. However, there is a...
Can the Bank foreclose on my half of the home when the Bank's mortgage is recorded after mine - but mine was signed first?
Marshall's answer
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Answered on March 26, 2014
Florida is a notice state. This means that the bank's mortgage is subject only those interests of which the bank had actual or constructive notice...
Archived
1st Mortgage is satisfied. Property 2nd mortgage holder went out of business.
Marshall's answer
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Answered on March 20, 2014
Both the first and second mortgages are liens against your property. When the first mortgage is satisfied, the second mortgage moves up in...
Archived
How do you get someone out of a house who has the controlling interested in the house?
Marshall's answer
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Answered on March 20, 2014
If you and the other owners cannot work out an amicable solution with the controlling owner, you should consult an experienced real estate lawyer...
I was cutting down a tree limb and it hit my neighbors car. Am i responsible for damages?
Marshall's answer
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Answered on March 20, 2014
If the damage to your neighbor's car was caused by your negligence, you are responsible for it. Report the incident to your homeowner's insurance...
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