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RetiredinVA

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Everything posted by RetiredinVA

  1. 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.
  2. 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.

  3. 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.
  4. Sorry about that. Please start your own thread. The one you posted to ended seven years ago.
  5. 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.
  6. Since the thread ended almost 5 years ago (June 5, 2014) I don't understand the need for your post.
  7. www.floridabar.org/public/consumer/pamphlet026/
  8. 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.
  9. Only the prosecutor can answer that question.
  10. 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.
  11. 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"?
  12. 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.
  13. 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?
  14. I doubt you have any legal recourse because you bought the property as is.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. It sounds as if the will sets up and contains the terms of a testamentary trust. Without knowing the exact language in the will defining the trust it is impossible to predict the discretion of the trustee. Please quote the exact language of the trust.
  20. Adoption and termination of rights ends any connection between the child and parents. If the parents "appeal" for visitation they will be the same as any person on the street. That is, they no longer have any "right" to visit the child. The adoptive parents have the absolute right to prevent visitation if they choose.
  21. I have never heard of an insurance company's attorney interviewing an alleged accident victim on the same day as the accident. Apparently lawyers in Chicago are way more aggressivethan any I have ever met. Never the less, I am not aware of any legal or ethical bar to the attorney's actions. Certainly the hospital staff had no duty to prevent the attorney from interviewing you. Although you may have been under the influence of pain relieving medication, that would not have prevented you from being truthful during the interview.
  22. What does that mean? Why do you have custody? Where does your husband fit in this matter? Are you receiving child support from the children's parents? Have you applied for it? You really haven't described the situation at all.
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