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Carol Anne Johnson

Carol Johnson’s Answers

3,186 total


  • How can i get a title

    I bought a bike from a friend he gave me a bill of sale but couldent find the title come to find out the bike was never in his name that was 4 months ago i cant get a tag or nothing. He has tryed to contact the person who he bought it from but no ...

    Carol’s Answer

    Sell the bike back to your "friend" and get a bike from a legitimate seller. This is truly more trouble than its worth. Barring that, the DMV should have some info on holds the title to the bike. Contact them yourself.

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  • 30 day notice to vacate due to selling home... Year lease in place

    Landlords are selling their home we have a year lease. There is nothing in the lease that states a no longer desire, just the basic ( late rent illegal activity etc) They have now given us a 30 day notice to vacate due to them selling the home ...

    Carol’s Answer

    The lease agreement is binding on the current owner and any subsequent owner. Landlord cannot simply "change their mind" any more than can the tenant after the agreement is signed. Have an attorney review the lease - it won't be expensive - to see if there is some "out" drafted into it. Otherwise, gently tell the owner that you will honor the lease and would expect them to do the same. Sometimes, in these circumstances, the owner will buy the tenant out of the lease.

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  • Trust

    My wifes sister passed away. Left her a trust fund. Wife is very sick and may pass away. Still alive. If she passes trust goes into her estate. We both have wills. I am her husband. Trust in wifes name has no beneficenary. Since we both leave our ...

    Carol’s Answer

    Have the trust document reviewed by a local estate-planning attorney. There most likely is a clause that covers the event of your wife's death and how (and to whom) the remainder of the trust is distributed.

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  • Question regarding the refinance issue

    Both I and my husband are on title of the house, we are co-owner, the house is in Windemere. He is the only borrower of the mortgage. Now we are about to divorce, we now both not living in the house, and he rent it out via some property management...

    Carol’s Answer

    As his wife (at least for now), he has to have your signature on any Mortgage or Refi stipulating that you are aware of and in agreement with the encumbrance to the property. If he has forged your signature on an agreement, you can nullify the agreement. DO NOT SIGN ANYTHING without YOUR attorney reviewing it first. In a mortgage, the signatures must be witnessed and notarized, making such fraud more difficult. When you get your divorce, have your attorney request that the judge order the house either sold or partitioned.

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  • How do you add someone's name (not transfer ownership) to a deed?

    My mother just bought a home and hold the mortgage for that home. She would like to add me to the deed (not the mortgage) so that if anything should happen I would be able to pay off the mortgage and stay in the house. We are having trouble findin...

    Carol’s Answer

    It is a very simple matter, but may not be the best option. First, if your Mom transfers the ownership to you, it will trigger the "due on sale" clause and you will have to pay off the mortgage in full. Second, if she ADDS you to the deed, you WILL have to pay doc stamps on half the remaining mortgage amount. See an attorney. The laws in MD and FL are very different, so don't assume anything because of what may or not happen in another state.

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  • What are my options?

    We bought a house, and the old owners were suppose to have something fixed and lied about it, then a HVAC company new there was a leak in the AC system and went ahead and put refrigerant in a leaking system, which is against regulations. What are ...

    Carol’s Answer

    OK. It sounds like you are speaking about two different problems here. 1) speak with the lawyer who handled the closing about the "fix" that the Sellers agreed to; 2) have the leak fixed by a reliable HVAC company.

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  • Family has taken things from fathers estate.

    This is a bit of an unusual situation. My father left 30 years ago when I was a small child. He recently passed away in SC and I was notified by the funeral home via my local police department and, was told that according to SC law I was the sole ...

    Carol’s Answer

    Two things; 1) file for probate immediately (hire an attorney to do it for you), and 2) have your attorney get an accounting from the aunt / nephew for what they removed from the house and its value. Then, you will have to go after them to recover it.

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  • Can I get land rent

    There has been a mobile home in back yard for a little over a year I have contacted them by the way of cerified letters this whole entire time.I need to know what r my legal rights as a property owner.I am in the state of south carolina

    Carol’s Answer

    You need to hire a good real property attorney. You would be very surprised at how much traction a good "lawyer letter" can get in a case like this. Doing nothing will further their efforts to adversely possess your property. If the letter does not get a response, eject them legally from the property.

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  • Is there a SC legal code/statutes or bill passed that states you can sell without consent?

    In this situation, each person owns an undivided interest in the property by deed of distribution. I found literature writing by lawyers, in SC If you own property as a Tenant In Common, you "can" sell or transfer your interest in the property to...

    Carol’s Answer

    The technical answer is "yes". The practical answer is "maybe". The problem you are going to have is that you can only sell what you own, i.e., the proportionate share of the property. MOST Buyers want the entire fee simple estate, otherwise, they are guaranteed to have issues such as, who can occupy the property? who can build on it? what are their rights to it? Unless you can answer those questions, you may have a difficult time finding anyone who only wants a "share" of a property.

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  • How should I classify myself if I am receiving money from a trust fund and looking to have the money placed into a trust fund?

    I am setting up a trust fund with money from another trust and the bank handling trust sent me a document named Client Authorization for Estate Services in the client contact information section I am asked to classify myself add individual, charit...

    Carol’s Answer

    Yes. You will have to have the trust agreement written and executed, naming you as the trustee, before depositing assets into the trust. You want to make sure it is properly drafted to handle your estate assets in the manner you desire. Then, follow Atty Woodward's advice as to depositing the funds into the account. Just remember - a trust cannot "own" anything, it is the Trustee that becomes the legal owner. And, there must also be a beneficiary (other than just you) in order to create a legal trust. If you are the sole Trustee and sole Beneficiary, the trust will be a nullity - at least in FL.

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