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Everything posted by RetiredinVA

  1. I was speaking as a realist. According to Wikipedia, at present there are 744 people on death row in California but the last execution was in 2006.
  2. 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.
  3. California no longer has a death penalty for anything.
  4. Why are you concerned about whether the landlord makes repairs if you are no longer living on the property? Certainly if the landlord does not make the repairs she cannot withhold your security deposit - unless she is hoding it for unpaid rent.
  5. 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.
  6. 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.
  7. 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.
  8. Previously practice in the courts in Northern Virginia for over thirty years.  Practiced as a sole practitioner involving primarily: wills and estates; domestic relations;  bankruptcy; personal injury; real estate litigation.  Currently retired and living in Florida.

  9. It seems as if no one identifies their state. Anyway, your only alternative is to sue in small claims court to recover your down payment.
  10. Sorry about that. Please start your own thread. The one you posted to ended seven years ago.
  11. 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.
  12. Since the thread ended almost 5 years ago (June 5, 2014) I don't understand the need for your post.
  13. www.floridabar.org/public/consumer/pamphlet026/
  14. We, of course, have no way of knowing why your supervisor called you out into the hallway. Obviously, she believed you had done something wrong. You believed you didn't. Without knowing anything more about the situation than that, it is unclear what anyone on the board could possibly suggest.
  15. Only the prosecutor can answer that question.
  16. There is no way to predict the outcome without being familiar with the sentencing judge's practices and policies. Any of the options you mentioned are possible.
  17. A pickup truck selling for $10,000 was probably not a new truck. Right? Was the mechanic who found the transmission was bad a mechanic employed by the dealer or an independent mechanic? Was there any warranty on the truck or was it clearly stated that the vehicle was sold "AS IS"?
  18. If the purpose of the GPS tracking was simply to find your current address I doubt you have any complaint. In a pending divorce case the address of the parties should not be concealed because papers must be served on the parties by mail.
  19. So, the tailight was intermittently off. That is defective equipment in anyone's book and justifies a traffic stop. Follwing that it appears your friend has an outstanding warrant which justifies a search of his body pursuant to custody. What exactly doy ou think would require dismissal of any of the charges?
  20. I doubt you have any legal recourse because you bought the property as is.
  21. In Kansas the Judges, Sheriffs and District Attorneys are all elected by the voters for terms of four years. In particular cases there are appeal processes that can be used to challenge erroneous or abusive behavior by the public officials.
  22. Since we have no idea where you live, what your relation is to the child, why you want to adopt the child, and how the parents will react to the adoption, we can have no idea. Call a domestic relations focused lawyer for a consultation.
  23. Did you ever consider using fictitious names for the characters or using a false name as author ( see "nom de plume")? If your book were to be accepted by a major publisher their legal staff would advise you.
  24. yes. it would bbe called "unjust enrichment" and could be pursued in small claims court. whether it is worth $600 to you to do so is up to you.
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