Archived
House closing attorney failed to mention wife's homestead rights. Now I can't sell my house. Divorce ends homestead rights?
Marshall's answer
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Answered on December 26, 2019
The Florida Constitutional provision that prohibits the sale or mortgage of homestead property by one spouse without the joinder of the other was...
Archived
There is a lien that is not mines?
Marshall's answer
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Answered on December 24, 2019
It is not unusual for people with common names to have judgments recorded against people with the same name. In most cases these problems can be...
Archived
I have a contract on a property in Miami, FL in which the deed has never been recorded. The owner has passed. What can I do?
Marshall's answer
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Answered on December 23, 2019
Your posting involves to very complicated aspects of real estate law: the effectiveness of a deed and the priority of recording. A deed is...
Archived
House Property Title - does my wife needs to be on the house title?
Marshall's answer
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Answered on December 22, 2019
The house you live in is called your "homestead." Under the Florida Constitution, one spouse cannot sell or mortgage homestead property without...
Archived
How can I get my share of my dads estate? The stepmom has a life estate on the home. Three sisters are the owners.
Marshall's answer
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Answered on December 22, 2019
As both of the other attorneys have said, you can bring a partition action to force the sale of the property. You can do this now to have the...
Archived
Do I have a legal right to remove a tree from an easement ?
Marshall's answer
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Answered on December 22, 2019
You do not have the right to remove a tree that is not located on your property, but you can cut back limbs or roots that encroach on your...
Archived
Can I request a later closing date rather than turn over a certified check for the price of the house because the closing agent
Marshall's answer
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Answered on December 19, 2019
The answer to your question depends on the wording of your contract, and you need to have it reviewed by an experienced real estate attorney. ...
As a private money lender, what do I need to be aware of and how can I avoid borrower from filing bankruptcy.
Marshall's answer
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Answered on December 19, 2019
I agree with the other attorneys that you need legal representation. I would add that if your prospective mortgage is on a residence, it probably...
I have two vacant lots one deed. I only want to sell one lot. What do I do.
Marshall's answer
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Answered on December 19, 2019
I agree with Mr. Gaffney. You need an experienced real estate lawyer to help you. With the water well entering into the equation, there could be...
Archived
Quit Claim Deed is poorly drafted and Grantee is requesting Grantor to sign a new QuitClaim to correct. Who owns the property?
Marshall's answer
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Answered on December 19, 2019
If there is confusion about the title because of a poorly drafted deed, there are two ways to resolve the confusion and determine who owns the...
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