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Carol Anne Johnson

Carol Johnson’s Answers

3,186 total


  • Can my ex throw away my stuff I left in his apt while I'm away and do I have to go get them with police obligatory? And how soon

    I went to see my family for two weeks and I will extend my trip, I live with my boyfriend who was fine with me and my visit to my family and then while being away he told me will not allowe me to get back there to live and he will call the police,...

    Carol’s Answer

    If you are that worried about it, you should just go get your stuff and put it in storage. Otherwise, you will have to deal with the consequences and suing him may or may not be an option. Even if you sue, you will have to prove the value of your stuff, which by the time you sue, will be long gone. Not an easy case to win. Get your stuff.

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  • He wont pay the 500 to survey his land do i have to move a fence thats been up 3 +years ... what should i do

    my chain link fence between me and my neighbor after 3 years of the fence being up now he wants to complain about it

    Carol’s Answer

    No, you don't have to take the fence down if it is on your property. If it is on his property - yes, you do. Is it on your property or his? If you have a survey as recently as 3 years ago that should have your answer.

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  • What steps should I take to obtain the truth about what are my inheritances or if I even have any to get (Lawfully)

    My father passed away. He has a wife and 4 daughters and one son (with another woman). All children was born before father married. Father told me that " all his children will be taken care of. Everything is in place". My stepmother's lawyer g...

    Carol’s Answer

    A one page paper hardly sounds like a valid will to me. Were there two witnesses signing an affirmation that they saw your father sign? If not, and it is not a validly executed will, your father's estate may be passing under FL's intestacy law, in which case, the spouse would only take 50% of the probate estate and the children would split the remainder. Get a copy of the "letter" and take it to a probate attorney who can advise you.

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  • I trust my son to pay me but how do i protect myself. What if he doesn't pay me? What if something happens to him? What if i die

    My son has had a lease agreement with my brother snd myself to buy my parents home. They both died in June 2010. My son wsnts us to quick deed the had me to him to avoid paying lawyer fees abd closing costs. My brother is demanding his half before...

    Carol’s Answer

    You do realize that NO attorney will charge you $24K to draft a simple legal agreement or draft a deed, right? Yet, you are willing to risk the $24K by NOT using an attorney? Does that make sense to you? I really truly hope that your son isn't trying to take advantage of your love and trust by pulling a fast one on you. If he knows he will pay it, he shouldn't mind signing an agreement (drafted by an attorney) saying so. Protect yourself. Or, hold onto the deed until he pays you.

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  • Can I do this my self with out the boy friend or can he do this without me?

    My boyfriend and I own our home, can I alone quick claim deed my home to my brother without the boy friend? Or even sell without him

    Carol’s Answer

    You can only sell your share of the home. Presumably, you and BF have the home as "tenants in common" - yes, you can give your share to your brother or try to sell you share to someone else. However, unless you own the home outright (i.e., no mortgage) the mortgagee will probably call the loan due as soon as you try to do this. Otherwise, trying to sell 1/2 an interest in a property is usually challenging, at best.

    If you want to get out - you should consider putting it on the market or, if he won't go along with you, seek an order of partition.

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  • Is the board acting outside their authority?

    HOA documents were written in the 80's by the developer and are very broad. They do state that the dues may only be increased by a fixed percent per year. The current board doubled the dues by "Special Assessment" This now continues into a second...

    Carol’s Answer

    HOA associations have a responsibility to keep up with the reserve accounts (if any) and make sure there are sufficient funds to cover any of the required maintenance that the association is responsible for. HOA docs from the 80's that mandate limited increases may not be allowing for sufficient increases to allow the HOA BOD to maintain the required reserves and / or pay the monthly maintenance fees for the community. There can be any number of reasons why a BOD would have to issue a special assessment. First step is to review the financials and next to attend Board meetings to find out what is going on and why the BOD has to resort to such measures. Typically, the answer is increased maintenance expenses and too few maintenance fees being paid. Sometimes, it is malfeasance. The best way to know is to go look at the financials and attend meetings.

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  • How would I remove my grandmother from the deed to the property so I can sell my grandfathers house in Mt Pleasant SC?

    My grandfather doesn't have long for this earth. I have power of attorney for his property in Mt Pleasant SC. I am wanting to sell the property. My grandmother and grandfather is listed on the deed to the property. My grandmother has passed away J...

    Carol’s Answer

    First off, does your grandfather want to sell his property??? Being his Agent doesn't mean that you do what YOU want to do, but what is in your grandfather's best interests. Second, depending on how title was held by your grandfather and grandmother, it could be as simple as bringing her death certificate to the closing. You should have a real estate attorney review the deed and make sure that your grandfather obtained title to the home through survivorship. AND, make sure that you are doing what your grandfather wants.

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  • Is there anyway they still have claims on the home if it's in my name

    My grandparents signed over the title to their mobile home to me I have the title with my name on it. They are now acting as of the house is still theirs and I'm stuck in a bit of a bind

    Carol’s Answer

    Why did they sign it over? Why do they now insist it is still theirs? Was the change of title properly registered? You may want to gently remind them of their "gift" (I presume you didn't pay them anything) and show them the current registered title. Was the mobile home situate on owned land and was it declared real property? So many questions to be answered, you are best seeking the advice of a real property attorney near you.

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  • What are my options to legally get my ex-boyfriend to sell our house?

    I bought a townhome with my boyfriend, at the time, 2.5 years ago. Both of our names are on the mortgage, with my name as the primary. I make more money than he does, so I pay more into the mortgage than he - we split things 65/35. We are curre...

    Carol’s Answer

    You and your BF need to have a frank conversation about how best to move forward and not jeopardize your respective credit scores. If he cannot afford to pay the mortgage, how does he realistically plan to remain in the home? Refinancing is a great option, particularly if all the loan payments have been made on time, but then you will have to deal with getting him to leave, either willingly or by ejectment. There are some very attractive rates out there now. If you decide to sell, again, the best option is for both of you to meet with a Realtor and a real estate attorney (who can review all the contracts and do the closing for you) to get the most value for the home - then, split the proceeds 65/35, in the same percentage that the mortgage was paid. If you choose to buy out his interest, a refi will still be needed to remove his name from the mortgage, allowing him to buy his own residence. Finally, the last resort option is to file a petition for partition with the court which will force the sale of the home, usually resulting in obtaining less than fair market value and resulting in legal and court fees.

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  • What will happen t me and the house we share his children know he wanted. Me t have it

    My common law husband died and both name r on t deed t house. He has. 3 grown. Children. Can they make me move r have any right t the house he was trying t get it in my name only before he died but didn't. Get it done in time

    Carol’s Answer

    • Selected as best answer

    I am going to presume that he didn't leave a will? If your name is on the deed, his children have no right to make you move. A lot depends on how you held title - if it was by default, i.e., as "tenants in common" then the children own 1/4 of the house between them and you own 3/4 of the home. If you held title as "joint tenants with right of survivorship and not as tenants in common" then you now own the entire house. Have an attorney review the deed and tell you. If the children own a share, they can file a suit of partition to force you to either buy them out or sell the house and split the proceeds with them.

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