Archived
Mortgage Loan: instead of getting title insurance, a borrower buys back the loan if title issues arise. Is this workable?
Marshall's answer
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Answered on December 18, 2013
I agree that it is a terrible idea. The borrower may lose the ability to pay off the loan in full. There may be an issue with the priority of...
Archived
FAR/Bar and As/Is contract -differences
Marshall's answer
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Answered on December 17, 2013
Explaining the differences is not practicing law. Advising which contract form would better meet the party's needs is practicing law.
Archived
I own a 4 1/2 acre lake in Florida that consists of a 300' x 100' slice of land on the waters edge as well as 2 islands.
Marshall's answer
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Answered on December 17, 2013
To sell the property, you would have to provide the buyer with legal access to the property. If the property is landlocked, you can get an...
Archived
What is the quickest and easiest way to take ownership of my mother's home - Quick Claim Deed?
Marshall's answer
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Answered on December 16, 2013
The answer to your question depends on the wording of the lien to which your mother agreed. If the lien contains a "due-on-sale" clause, the full...
Archived
Real estate tax attorney
Marshall's answer
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Answered on December 16, 2013
The satisfaction of a mortgage, by itself, does not create any tax issues. However, tax issues may be created depending on whether or not you...
Archived
ATTORNEY NEEDED- I'm a town-home owner with an HOA that's violating privacy issues and showing favoritism. 16 of us need HELP!
Marshall's answer
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Answered on December 16, 2013
You have raised several issues in which the HOA seems to be overstepping its rights. If you and the other owners are unhappy with the current HOA...
Archived
Does a quitclaim deed have to be recorded to be valid in the state of florida?
Marshall's answer
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Answered on December 16, 2013
The thing that makes a deed effective between the parties is delivery, not recording. If the deed has been properly executed and delivered, it is...
Archived
What vehicle con I use to adquire real estate property?
Marshall's answer
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Answered on December 16, 2013
As attorney Yesner said, a Florida Land Trust under section 689.071 of the Florida Statutes is the most likely choice. However, there are other...
Archived
Realty state attorney
Marshall's answer
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Answered on December 16, 2013
The answer to the question depends on whether the lien holder forgives the indebtedness or merely releases the property from the lien. This is a...
Archived
Doe a replacement promissory note increasing the borrowing on a mortgage need to be recorded to be legal? What statute governs?
Marshall's answer
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Answered on December 16, 2013
Promissory notes do not have to be recorded to be enforceable. If you are unsure of your rights and responsibilities under the documents you...
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