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Posts posted by RetiredinVA

  1. You and your ex? apparently entered into a joint venture that involved proposed flipping of a piece of realty.  In that transaction it is unlikely, although not impossible, that your ex? and you entered into a real estate agency agreement.  That means she was (probably) not acting as your agent in the transaction.  What that means, in my opinion, is that she was not acting as a licensed real estate broker or agent with respect to you.  Therefore, the fact that she is a licensed real estate professional is probably irrelevant.  The real estate licensing board should not be involved in this situation at all.  But, you might still file some sort of complaint if you can prove she lied to you.

  2. I'm trying to wrap my head around the question.  The doctor agreed that she will not treat any patient she saw during her employment unless it involves patients suffering from an acute problem (which would obviously go away in a reasonable period of time).  But she intends to solicit patients she has seen during the course of her employment.  Why would she solicit patients she has covenanted not to treat?

  3. The validity of the landlord's remedy depends on whether the tenency is less than for one year and whether the notice given is the second notice within a year.  If a tenant was served with a previous notice to pay or quit , the second notice is final and cannot be remedied by payment of the rent.  See 704.17(1p)(b).  The effect of the second notice is to terminate the tenancy without recourse.  So, if this is the second 14 day notice,  it is appropriate to order the tenant to vacate and to file the necessary court documents to enforce the eviction the next day.

  4. 2 hours ago, kstarfire212 said:

    What kind of proof is required to contest a will?  

    Proof that the signatures on the will are not the signatures of the persons who are alleged to have signed it; proof that the testator was incompetent at the time he or she signed it, including that he or she did not know the identity of his or her probable heirs and/or that he or she was not aware of the extent and nature of his or her estate;   proof that the testator's willingness to sign the will was overcome because he or she was under duress; proof there was a later will that revoked the purported will.



  5. 7 minutes ago, Roger said:

    OK, so why does U.S.Polo Association and Beverly Hills Polo Association have the ability to use a  similar logo and the word polo in the sale of their merchandise in the exact same market as PRL?

    Maybe they have an agreement with PRL or maybe here is little or no possibility of confusion between their logo and the PRL logo.  What is the point of trying to make your argument here?  We have warned you that you may back into chainsaw if you produce clothing with a logo resembling the Ralph Lauren logo or use the word "polo"  on clothing not related to an actual polo club.  If you think we are wrong, go ahead.


    BTW, I would be interested in your claim that the african-american community is a major player in the Ralph Lauren Polo demographic.

  6. No, it is more commonly referred to as "disparaging remarks" and is quite common in divorce and custody cases.  In the course of the custody proceeding, you should ask the judge to order both parties to refrain from making disparaging remarks about the other.  If it continues keep a diary of the remarks and, if they interfere with your relation with your child, return to court and ask your spouse to be held in contempt with your documented evidence.  

  7. Just a minute here.  Your post is a little confusing.  Please verify the following:


    1.  Title to the house was solely in your father's name at the time of his death.

    2.  At the time of his death, your father and mother were not married.

    3.  your father had a will.

    4. Your father's will was executed (signed) after your father and mother split.

    5. Your mother was the executrix of your father's will.

    6. Your father's will left the house in question solely to your mother.

    7.  Your mother did not complete the steps necessary to change the title to the house to her prior to the foreclosure.

    8.  On the day of the foreclosure your mother signed a document stating that she was in fact the person who would be the successor in interest to your father's title to the property.

    9.  Your mother is not contesting the validity of the foreclosure.


    The reason I am confused is that if your father and mother were not married at the time of his death you would inherit the property unless the will left the property to your mother.  I am also concerned that a will signed before a husband and wife divorce, is revoked by the divorce as if the parties to the will had predeceased each other.


    However, you must realize that any objection the real party in interest to the property may raise, is only a delaying tactic until the party in interest makes all the payments due on the mortgage.

  8. 36 minutes ago, Stradog said:

    I currently reside in the house and I am a disabled veteran with a terminal illness and I did get behind on the payments but could not discuss the account because I am not on the account.  I

    Unfortunately, your medical condition is irrelevant.  As a non-owner you  are in no position to contest  any irregularity in the foreclosure.  You are simply a tenant and probably a tenant at sufferance.  That means you are only a tenant until the owner decides to terminate your tenancy, which will probably not be long.  You need to focus on finding someplace else to live.

  9. I don't know what the practice is in South Carolina.  In Virginia, the "title search" typically only involved examining the grantee/grantor indexes (sometimes the will books) to determine whether the seller was the title owner and whether there were any encumbrances on the property. The examination only went as far back as the length of the statute of limitation on title challenges.  The examiner also examined the tax department records to establish the taxes had been paid and determine the current tax obligation.  I am not aware of any title examination that would have produced copies of any deeds or other documents.  There was not generally any formal documentation of the title search aside from some notes by the title examiner.


    As a practical matter, there are usually very few title insurance companies in any area.  Those that do cover the area normally have sufficient internal records of prior title searches and insurance sufficient to allow them to do primarily in house searches followed up with "title bring downs" to bring them up to date.


    In real estate transactions I was familiar with, the attorney (or settlement agency) that prepared the deed did not perform or review any title examination.  The only entity concerned about the chain of title was usually the title insurer.  Any exceptions would be included in the title insurance.

  10. Folks generally establish residence in Florida because there is no state income tax- at least that's why I did.  Also, there is no state safety automobile inspection or emissions control requirement. as there are in Virginia.  There is no annual personal property tax on vehicles.  So, what the OP can, and should do, is find a placeto live in Florida for a term greater than six months, , apply for Florida license plates and driver's license, and claim Florida as his or her primary residence. 


    Unless the state income tax bill would be very large, I doubt the alternate residence state will actually require proof that the person actually resided in Florida for more than six months.That's not legal advice.


    I agree that making a revocable trust does not depend on residence.

  11. 12 minutes ago, Architect7 said:

    Many jurisdictions REQUIRE a barrier by Code with that hight differential    Usually when over 30" a guard is required.

    It all depends on the slope.  Check with your local building department.


    Since the thread ended almost 5 years ago (June 5, 2014) I don't understand the need for your post.

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