My father took out a quick claim deed in my name against his home back in 2001. His home is now in foreclosure. Will I be responsible for the mortgage when it defaults.

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I am a landlord, and I leased a residential condominium to a tenant in Florida. The lease is for 12 months. The lease began November 2008.

In April 2009 the tenant began to delay rent payment, shorten the rent payments, and outright refuse to pay rent. In April 2008 the tenant did not pay rent. After attempting to communicate with the tenant by phone, mail, in person, and by email the tenant kept blowing me off or avoiding my attempts to collect the rent. Finally after pestering the tenant for weeks, he finally paid the April rent on April 28. However, his payment was short or deficient by 0.00.

Then in May 2009 the tenant then again failed to pay rent. Initially, the tenant stated that his wife’s brother passed away, and he had to to out of town to attend the funeral. Then, the tenant stated that he was waiting for payment or compensation on a work project he completed. Then the tenant stated that he had a heart attack, and was in the hospital. Then tenant stated that his wife has pneumonia. Then the tenat stated that he was waiting for his son to give him some money.

Then in late May 2009, the tenant started to complain about ants in the kitchen, and the thermostat not working properly. Shortly thereafter the tenant started to complain about dust conditions from restorative work that was being done on a flight of stairs by other property owners near the condo he is residing at. The tenant then demanded a deduction or adjustment on the rent payment for May 2009 for allegedly experiencing the ants, the thermostat not working right, and the dust conditions from nearby restorative work being done.

I then filed a 3 Day Notice of Notice to pay rent or vacate. The tenant then did not pay the rent within the alloted 3 days. However, the tenant did pay the rent on the 4th day. After speaking with counsel I was advised to proceed with the evicition filing, and reject the tenant’s payment. I did as advised by counsel, and the tenant was served with the summons. The tenant filed an answer within the 5 days, and deposited the past due rent into the court registry. A hearing was granted to determine whether or not the tenant would be evicted.

During the time frame up to the hearing, the tenant kept sending me nasty emails threatening to sue me civilly for property damages, terrible health conditions, loss of use, loss peace and private enjoyment, if I don’t drop the tenant eviction.

Finally the hearing came around over a month later into July 2009, and the judge ruled in the tenant’s favor as to not evict him because he paid the rent even though it was a day beyond or after the alloted 3 days of the 3 day notice. I then filed another 3 day notice in July right after the hearing, and the tenant and my counsel had heated arguments, and debates. The tenant kept pushing with his threats that he is going to file a major civil lawsuit against me for the dust conditions originating from restorative work that another property owner had done on the flight of stairs near the condominium. The tenant kept proposing that I let him stay at the condominium rent free for the remainder of the lease, and he will not sue me. However, neither my counsel, or I gave in to his threats. The tenant finally paid the rent to my counsel on the third day of the three day notice. The past due rent that the tenant had previously paid into the court registry was released to me.

The tenant then did not pay rent for August 2009. I filed another 3 day notice. The tenant did not pay the rent within the alloted three days. The tenant did not pay the rent any time after the alloted three days. I then filed another eviction proceeding. The tenant was served the summons, and filed an answer on the 5th day. However, the tenant did not pay any past due rent whatsoever into the court registry. The tenant also filed a motion to determine rent with his answer to the complaint. My counsel filed an immediate motion for default because the tenant did not pay any past due rent whatsoever into the court registry. The clerk would not submit, write, or grant the immediate motion for default because the tenant submitted an answer to the complaint. In the tenant’s answer to the complaint, the tenant complained about the dust conditions, and asked or seeked judgement from the court for an adjustment or reduction on the rent due for these alleged dust conditions. My counsel then amended the immediate motion for default, and asked for a hearing with a judge as to determine a writ of possession or not being that the tenant refused to pay the rent into the court registry. The hearing was granted.

During the hearing which was today, the judge ordered the tenant to pay the rents due for August 2009, and September 2009 by this coming Monday. Pursuant to the judges order if the tenant fails to pay the rents due by this coming Monday, he will sign the order of eviction, and/or writ of possesion, and the tenant will be evicted. The judge also scheduled
a hearing tentatively and contingent upon if the tenant pays the rent by this coming Monday. If the tenant does not pay the past due rents by this coming Monday, then the Judge will sign, and authorize the writ of possession, and eviction. However, if the tenant does pay the past due rents the judge will grant a hearing to hear the motion for default and decide againg whether to evict the tenant.

My quesions are:

Is there anything else I can do at this point to ensure victory, or is it all out of my hands now and into the hands of the court, and the judge?

When you initially encounter a tenant like this who refuses to pay rent, should you just immediately file the three day notice and not try to work it out with the tenant outside the courts?
BLCOHEN5:

Thank you for answering my question. I really appreciate it. What do you mean when you say this tenant will try to take away my property for my abuses?

Is it a good thing that I have counsel representing me in this matter?

Do you think that there is anyting else I could have done, or could potentially do now in the legal process? It is very frustrating because he just keeps lying, scamming, and using whatever means he can to buy time, and avoid paying rent.

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I have the withdrawal in my hand from the IRS. Yet, Im pretty sure at least one and maybe all 3 still show the lien.

Part of the problem may be my county is broke and isn’t opening their mail.

What, exactly do I do to dispute it ?

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I filed for divorce, my husband has not been served he is out of state. Does this mean thatt the divorce wont be processed until he is served? And if so how long does it take until its finalized? Thanks!

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I really need to know……….. I’m getting ready to invest $thousnds of dollars in this.

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http://www.abcactionnews.com/Default.aspx

Our local Tampa Bay affiliate is carrying the details all day. SO far they interviewed Cooper who said U tube questions are asked then he has another… if the candidates get argumentative they have each been given alloted times to respond…
It’s a big deal here. Ron Paul was also interviewed… I hope the link works so you can keep up. Any thoughts on tonight?
Added this spanking bill was written by a woman careg iver and may be placed into law ??? Numerous countries have such a corporal punishment restriction. How will deflect these as he is Gov of MASS?? Target zero? Keep chiming in if you will. I am hoping for a debate about before and after. Thanks in advance.
How will "Mitt" deflect sorry

also polls have Rudy 38 % , Mitt & then MCCain Huckabee @ 11% ?? If they matter
before no real votes have been actually cast.
Another twist? Florida is one state where Democrats may boycott because of? REmove our delegates? Yet?? ideas on that slant welcome.

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I am trying to learn the benefits of each. It seems that with tax lien certificates, you have an investment, but rarely end up with the property- which is my objective. Also, what is the difference between a tax lien sale and a tax deed sale, and which one is the easiest way to end up with the property for the least investment? Also, what are the drawbacks of each and what are some things that I need to look-out for?

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I bought a truck in FL @ a buy here pay here place. I have bad credit. I have since moved to PA. The truck is a piece of crap & I have put ,000 into it in a yr. The whole buying process was messed up. Anyway I sent them a letter stating that I am defaulting on the loan & they an come repo it from me. Ive had it with the piece of crap. It costs me 2 to 3 hundred extra dollars a month just to fix. Now I have some guy claining to be a detective saying I need to bring the truck to them or they are going to report it stolen & he is threatening me saying Im going to lose my license & my job etc. etc. Im just wondering what is it that they can eally do besides come & get the truck & try to get a judgement for me to pay the rest of the loan?

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I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me?

Sincerely,

Mary A.
Marypalmcity@aol.com
Thank you everyone for answering my question! I have made progress since my last posting and learned that the person living in France used a Florida address for contact. This means I can file against them in Florida… if they don’t create an international issue. In any event, I CAN’T AFFORD AN ATTORNEY. the debtors took my business (I sold them and three years of income valued @ nearly 200K.) I had plans to open another business, however, I’m living off my savings to support my family. This month I’m done and will lose everything. My American dream was stolen by someone aboard who used our legal system to bury me with the cost and time to take back what is mine. My next step is to file a judgment. But I need an attorney… don’t have the money, so I’m going to do this myself. Anyone with templets or example forms to file for judgment would help a great deal. I don’t need a ‘judgment lien form’… I think I need to file papers with the court to ask for a judgment. Florida Law.

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I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me?

Sincerely,

Mary A.
Marypalmcity@aol.com
Thank you everyone for answering my question! I have made progress since my last posting and learned that the person living in France used a Florida address for contact. This means I can file against them in Florida… if they don’t create an international issue. In any event, I CAN’T AFFORD AN ATTORNEY. the debtors took my business (I sold them and three years of income valued @ nearly 200K.) I had plans to open another business, however, I’m living off my savings to support my family. This month I’m done and will lose everything. My American dream was stolen by someone aboard who used our legal system to bury me with the cost and time to take back what is mine. My next step is to file a judgment. But I need an attorney… don’t have the money, so I’m going to do this myself. Anyone with templets or example forms to file for judgment would help a great deal. I don’t need a ‘judgment lien form’… I think I need to file papers with the court to ask for a judgment. Florida Law.

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I decided to end my marriage and i would like to do so out of court . Is it possible to still collect alimony? Or is this something only a judge can grant.

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Long story ahead.
No lectures please, only direct answers as to whether you think we have a case or not.

My family has been renting a storage unit for the past year and several months ago we fell into default on payments. This was not intentional, and the owner was going to be paid. In fact, this last week we made a trip to the facility to pay our balance in full. We were 9 months behind on payment. However trying twice before to pay, we realize this is certainly a fault of ours. However, upon arriving at our unit we found it padlocked. We were not surprised. We drove to the main building with intent to pay only to find an employee inform us that our stuff had been seized.

We were completely caught off guard by this notion. And immediately I checked into Florida laws concerning the enforcement of a lien.

The owner never sent a certified notice to either address on file, we had two at the time. This has been looked over and confirmed that none was sent. He claims he called our phone to find it disconnected, which is possible as we changed numbers. However, as I understand it, Florida law dictates that a certified notice must be sent, or a notice delivered in person, to the last known address. This was not done.

Florida law also mentions how the disposing of the contents must be handled. An ad must be put in a newspaper of general circulation. And a public auction should be conducted. This, as far as we currently know, was also not done.

No moves were made to return personal documents, including: Photos and US Military documents.

The unit contained, prior to the removal, furniture and several different valuable collections. An extensive baseball card collection (over 100,000 mint cards), comic collection (over 700 mint issues), beanie baby collection (over 600 mint with tags).
(We now realize this was a very, very bad move on our part, but we were pressed for time and space when the unit was first rented.)

When we viewed the remaining contents all that was left was most of the furniture and photographs and there was no dust meaning it had been cleaned out recently.

The owner has claimed that, and this is a direct quote, "I gave it to a friend to try and sell on ebay."

Florida law states that the contents should be sold in an auction conducted in a "commercially reasonable manner" and may satisfy his lien with the proceeds and then the rest must be turned over to the tenant (us).

This was also not done.

He has thus far conducted himself in a very rude and unprofessional manner in our presence, including mocking and jokes.

We asked him to return every piece of missing property and he would be paid in full. We returned today and found about 40% returned and damaged as well. 60% is still missing, and he claims it’s all there.

As far as I can see, due to his failure to follow proper legal measures for enforcing a lien, he has committed larceny. Let it be known, I am very far from an expert and this is my first experience with a blatant crime.

We have been restricted from going through our returned property to inventory the value of the missing items, which is already clearly several thousand dollars worth, until we pay him. We feel this is incorrect, considering he has been "selling it on ebay", he has already likely made his money back and satisfied his lien and if he hasn’t he still holds enough goods to settle it a hundred times over.

Where should we go from here?

We rented this unit because we had just moved to a new town and were trying to settle in fast as we came here for work. The town is very small and we had limited options of storage facilities, all family run. We are devastated by the loss and the destruction of our peace at mind. These items were not collected with intent to sell anytime soon, but because they were our passions. Something has been stolen from every member of my four person family. And we value, using mostly fair market value (much lower than what our mint collections would have sold for), the total at nearing 70 to 100,000 dollars. We never really knew what they were worth till we started trying to place the value of the missing items. We simply thought of them as our baseball card collection, or comic book collection, items of personal value and possible monetary value.

Looking back, we’re stuck putting most of the blame on ourselves for our poor judgment, but that does not remove the owner’s duty to follow proper laws. His contract is also poorly written, putting no value cap on what is stored, no statements are sent to tenants with a bill, etc.

Please help us!

My source of Florida Law: http://www.selfstorages.com/lien_law/fl.htm

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This man can’t keep a job, has had several different girl friends who a few of them that I tracked down, said they got rid of him for cheating on them. Heck probably half the women on yahoo who like country guys, have probably spoken to him and probably dated him. Anyway no one seems to know where he is, and he basically keeps telling his family he is in a different location everytime he speaks with them. I need to get him served for child support, child support enforcement does not default by publication, therefore I would have to open my own family law case, plus he has created a challenge in order for me to track him down as he said I never will. He obviously does not want to parent any of his children, but he still has financial obligations he is responsible for. Any help would be greatly appreciated, even maybe a private attorney who would take the case pro bono in Florida.

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and with interest it comes out to 362,000. He found out after he started that he had hearing problems and would not be able to finish so he quit the program but he still owed all of the money. The private loan was from a bank in Ohio and the school was in Florida. The school also closed down after he quit. The bank also paid the money to the school instead of him which he said they are not supposed to do. He is also a veteran. He can’t even use his GI bill because he is in default with this loan. I read that student loans can be part of bankruptcy if it would cause the debtor “undue hardships” and this seems like it’s that way. He has been told by a lawyer that he cannot file bankruptcy because a) it is a private loan instead of a federal loan b) because Ohio law won’t let you put student loans in bankruptcy, c) that because it involves 2 different states he can’t file. So is what the lawyer saying true?
as I already said in the previous sentence, the bankruptcy law states that "student loans can be part of bankruptcy if it would cause the debtor “undue hardships” "

please don’t answer this if you’re some idiot who has no experience or expertise with the matter and you just want to talk out of your [you know what]

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My husband and I have one child together, we don’t own a home, or even an apartment, we live with his parents. I have all the money, he doesn’t have a job. I just want to know if everything goes smoothly and we agree on simple terms with our daughter what will the cost be. I keep my stuff he keeps his stuff. No issues just a plain divorce with no lawyers. What do you think it would cost?

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I took out a personal loan for ,000 from his parents. We each had 50% ownership in the company. I subsequently defaulted on the loan after paying ,500 back. I am no longer a participant in the company.

The loan agreement with his parents said "If the undersigned fails to make a required payment by the 15th day of any month, the note will be considered in default. The undersigned agrees to pay all reasonable legal fees and costs of collection to the extent permitted by law if default occurs. This note shall be enforced in accordance with the laws of the State of Florida."

I have several questions:
1) Based on the above agreement I signed (very informal personal agreement), do I still have a right to the part of the company that I did pay for (,500/,000) or 27.5%?

2) I bought the original domain name on my credit card. I gave him access to the domain name. Now he somehow locked me out of Go Daddy. Do I have a right to the domain name and do I still own the domain?

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My stepdaughter and son-in-law were married about 5 years ago while he was in the country illegally. After some time and after the birth of their son, they agreed that it would be best if he obtained legal status, so he was required to return to his country (Mexico) and wait while the immigration process ran its course. During that 20 month period their relationship was strong and she visited him in Mexico with the child several times. Only a few months before he was to return (October 2009) she met another man and cheated on her husband, and she has maintained this relationship to date. When he returned with as a legal US resident she kicked him out of the house. He had no money or job at the time. My wife and I took him in of course and he has been living with us since then. He has been working sporadically. I’ll skip all the mean and lousy things she has said and done to him, but it should be noted she was recently diagnosed with Bipolar Disorder. She is only reasonable once in a while. She is a Registered Nurse and makes decent money (perhaps 60k/yr). She does have 2 other children (11) from previous married (she receives child support from their father) and owns a home, but is upside down in that home.

A few days ago she filed for divorce/dissolution, sent him copies of the paperwork and asked him to go to her attorney’s office to sign. Most of the terms are standard and reasonable, including shared visitation of their child and a division of assets, but some modifications are needed. Also, she would keep the house, and she is requesting 0 a month child support. While my son in law is completely willing to support their child and would be happy to pay even more if he could, he simply does not have that kind of money. He is living with us, works as much as he can which varies a lot, and as a house painter is not making much money. He is in no position to pay very much in child support until he can save some money, get out on his own, and obtain steady work. We know we can use the Florida Child Support worksheets to have the amount modified, at least for now. The big questions we have are:

-Now that she has served him with the papers, what exactly must he do to have changes made? Keep in mind, neither he nor we can afford an attorney, at least not more than a few hundred dollars, perhaps for legal assistance.

-Can he deny her filing and file a petition on his own? If so, can he sue her for Infidelity and obtain any compensation from her (again, he may not do that, but we want to know what the law is)

-Is there a time frame for him to respond, and if so, what is considered a “response”? Can he refuse to sign the divorce papers and not have it go into effect by default?

What other advice can you provide?

Any assistance you can provide would be helpful. Thank you.

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I don’t want Californians taking as fact misinformation. Does anyone here homeschool in CA, who can give legitimate info so that people are not misled? One poster, who cannot be emailed claims that in CA you can only homeschool in highschool for one year, but according to http://hslda.org/laws/default.asp?State=CA home school options for CA and the Coalfax’s book "Homeschooling for Excellence" that is not true. Perhaps the poster was misled?

We’re in Florida. I’m only asking to help give correct into to potential CA home schoolers.
I only posted this question because the poster could not be directly emailed. I would have emailed directly to her and let her know about the error if I could have.

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I LIVE IN ORANGE COUNTY

I have a question, there are dogs in my apartment complex… However, my lease says pets are not allowed without written permission from the owner… Recently my mother got sick and had to move in with me and she brought her dog…

I got a "NOTICE OF NONCOMPLIANCE" about the dog and it says I have seven days to remedy the noncompliance or my lease will be deemed terminated.

In my lease under pets it says unless I have permission for the pet or remove it, I will have 7 days to vacate the premises.
In another part of my lease under default and remedies it says if resident fails to comply with lease, owner has the right to retake possesion as provided by florida law.

My question is… If after 7 days, if I am still in the apartment, will the owner be able to have the sheriff come and evict me? And if the sheriif can come and evict me, do they have to give me a 24 hr notice first? Or, if after the 7 days I am still there, the owner now has to start the whole court process to evict me and serve me and I can go to court and fight it?

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