Skip to main content
Carol Anne Johnson

Carol Johnson’s Answers

3,186 total


  • Will a foreclosure judgement have any substantial impact on my credit if I never executed a mortgage? Slander of credit?

    I have been named in my individual capacity, as well as in my capacity as a trustee in a foreclosure action. I did not ever, in any capacity, participate in the mortgage. It is not my mortgage, not the trusts mortgage. A friend signed the house ov...

    Carol’s Answer

    Even if you are not a co-signer on the Note, the lender still has to inform every party that MAY have an interest. A trust cannot own property - it is a legal fiction. The legal owner is the trustee of the trust, so that is why you are being named as the trustee. Since you are only being named as an interested party (the lender is hoping someone will want to keep the property enough to pay the debt), but are not responsible for the debt, there should be no derogatory credit hit. I would make sure that such a report does NOT end up on your report, and immediately inform the lender, if it does, so they can have it removed.

    See question 
  • How come eric uses coke and meth and it doesn't cause him life problems and I use those drugs and they cause me problems?

    how come some people use drugs successfully while others cant?

    Carol’s Answer

    Everyone has a different response to drugs - even legal ones. That said, if the drugs cause you problems and you don't want those problems, then you should seek help in getting off the drugs. Good luck.

    See question 
  • Do I have any legal remedy here? Have my rights been violated?

    I entered into a lease agreement with a company handling the receivership for a property that I believe was being foreclosed on in mid-February of 2014. I renewed that lease in February of 2015 without incident. I was on time with every payment an...

    Carol’s Answer

    • Selected as best answer

    Well, first off - you will not be arrested as you have done nothing wrong. But, if you don't file something with the court, you WILL have to vacate and the sheriff will make you leave the building and allow the new owner to change the locks. Your due process rights to notice have been violated and the court takes that very seriously. But, if you don't move fast and get the vacate notice withdrawn, you may be out on the street before you can say "boo!"

    See question 
  • How can I still get my part of the equity in this situation?

    A Clause in our private mortgage said we have to pay the private mortgage holder 50% of any equity at the time the house is sold bc they agreed to sell us the house at below market value. Now that we are divorcing; my husband says that he can't af...

    Carol’s Answer

    Well, you can either do what you "like" or you can do what is correct (by law) and equitable. If you truly want to be fair (and not run afoul of the law), I would suggest the latter as you will have to disclose the transaction during your divorce anyway. If he came home to sign, how does an unsigned copy of the mortgage get recorded?

    See question 
  • What can i do

    I have a property that i own with someone else the other person is not helping with the mortgage and refuses to sell. I have a person interested in buying the house.

    Carol’s Answer

    Attorney Burgess is correct. The most expedient method here is the partition action in which the court will require the sale of the property and the proceeds are split. In order to recoup your mortgage overpayments, you will need to expressly request them in the petition for partition. Hire a good real estate attorney.

    See question 
  • How are the proceeds from the sale handled?

    My name is on the deed of a house, along with my deceased father and the loan is in his name only. We are considering selling the house, will half of the proceeds go to his estate or all come to me?

    Carol’s Answer

    Do you have a copy of the deed? If you and your father took title as "Joint Tenants with Right of Survivorship and not as Tenants in Common" (yes, the whole phrase is needed), then you own the property outright and would have 100% of the proceeds of the sale after the lender's claim has been satisfied. If nothing is specified on the deed, the default is as Tenants in Common, in which case, 50% of the proceeds go to the estate.

    See question 
  • Can a family member enter the rented home of the decedent to search for a will in Florida

    My father recently passed away. Am I able to search a property rented by my recently deceased father to search for his will? The landlord believes that I must either obtain a court order allowing me to enter or wait 60 days after the date of dea...

    Carol’s Answer

    I'm so sorry for your loss. As Attorney Foster says, yes, the Landlord should allow the search. There is no "60-day" waiting period. That said, even if a will is not found, if there is more than one beneficiary (you mention "we") then you will need to hire an attorney do the probate, anyway. I suggest you get one sooner rather than later to help you with the particulars of marshaling the assets and tying up loose ends. Good luck. Hollyn Foster would be an excellent place to start!

    See question 
  • Inability to Honor a Contract and Agreement

    I live in Hawaii and recently paid $1,800 to a timeshare rental company based in FL (Total Resort Solutions) to post and rent my timeshare unit in 2014. I was promised that the $1,800 paid upfront would cover 4 years of service and a minimum of 4 ...

    Carol’s Answer

    Maybe, but I doubt that it would be worth it. By the time you factor in attorney fees and court costs, unless you are just interested in teaching them a lesson, you will not end up with much - if anything.

    See question 
  • Can a potential, would-be, third-party bidder successfully object to a foreclosure sale?

    I am doing a project on foreclosure law in a seminar class. I'm using certain examples as part of my project and report. In one of my cases, I see that a bank foreclosed on a property and was sold to a third-party bidder. Interestingly, anothe...

    Carol’s Answer

    Woulda, coulda, shoulda - this is a case of a (potential) Buyer who didn't really do the necessary homework. What you will want to research is "ripeness" (i.e., when a party has a quantifiable damage upon which a lawsuit can be tried) and "mootness" (i.e., when the issue has resolved itself outside of the court's jurisdiction and is no longer available to litigate). Foreclosure law has many of those scenarios in case law. Good luck. In your scenario, the ultimate test is what right (if any) a third-party bidder has to be informed and who owes that right.

    See question 
  • Can I take out a life insurance policy? How do we get everything to me if something was to happen to him?

    I am dating a guy who is still married and he consider me as his girlfriend. His wife does not know about our relationship. He gives me cash and help me out with all my bills. Can I take out life insurance on him? 2. He also said if anything ...

    Carol’s Answer

    Short answer to your questions; 1) you can't, and 2) you can't. First, in order to purchase a life insurance policy on ANYONE, there has to be an insurable interest (other than "mistress"). Your boyfriend COULD purchase a policy on himself and make you the beneficiary, but that could be challenged by the wife since it is being purchased with her money. And, since he is currently paying your bills and giving you HER money (since they are MARRIED, his income is a marital asset), she could come after you for it after his death. Second, if he dies, you will get nothing and his wife will get everything. If he dies with a will that leaves anything to you - expect a battle trying to get it. If he is serious about protecting you, he needs to seek a divorce from his wife and marry you.

    See question