Real Estate Lawyers?
- Thread starter knighted
- Start date
Good luck! disappointed ur estate attorney was too inept to at least get you to someone who could help.
Of the two most visible attorneys here, one posts about jacking off and bewbies and the other usually offers good, solid advice. Let's hope you get the right one to reply.
I know. I realize I'm putting my potential trust into FIWs, but I'm just so over it and really just need one question answered; will it ruin my credit if I walk away.
Sorry it took me so long to reply, I was busy jacking off then I decided to play "football" with paper clips down the front of my assistants blouse.
You are asking one question but there is not one answer I am sorry to say.
Regarding your credit score: assuming you were not listed as a borrower or co-borrower on the house note, then your credit score should be fine. Don't assume you weren't if your Dad had bad credit. Good people forged a lot of documents back in the boom days.
House: don't assume the house will immediately go into foreclosure. Also, don't assume you don't have any obligations at this point. You can be sued personally for a breach of fiduciary duty by any beneficiaries of the trust if you wrongfully allow it to go into foreclosure. You don't want girlfriend's lawyer calling you up 5 years from now claiming you failed to act on a bona fide offer to sell or some other such bs and cheated her out of the money. Yes, I know the trust doesn't mention her, but you still need to cover yourself.
Tenant: get them out now. It doesn't take long, you can do it yourself for non-payment and there is too much risk of personal injury fraud etc. You don't want a junk lawsuit against you personally claiming they put you on notice about something and you failed to act.
Bottom Line: your patience and money might be short, but there are still some risks here that can expose you to liability unless you act carefully. Visit www.floridabar.org and locate a Board Certified Real Estate attorney.
You are asking one question but there is not one answer I am sorry to say.
Regarding your credit score: assuming you were not listed as a borrower or co-borrower on the house note, then your credit score should be fine. Don't assume you weren't if your Dad had bad credit. Good people forged a lot of documents back in the boom days.
House: don't assume the house will immediately go into foreclosure. Also, don't assume you don't have any obligations at this point. You can be sued personally for a breach of fiduciary duty by any beneficiaries of the trust if you wrongfully allow it to go into foreclosure. You don't want girlfriend's lawyer calling you up 5 years from now claiming you failed to act on a bona fide offer to sell or some other such bs and cheated her out of the money. Yes, I know the trust doesn't mention her, but you still need to cover yourself.
Tenant: get them out now. It doesn't take long, you can do it yourself for non-payment and there is too much risk of personal injury fraud etc. You don't want a junk lawsuit against you personally claiming they put you on notice about something and you failed to act.
Bottom Line: your patience and money might be short, but there are still some risks here that can expose you to liability unless you act carefully. Visit www.floridabar.org and locate a Board Certified Real Estate attorney.
That will be $275.00
Mail the check to:
Mr. Huffy Cane
45 to 30 Drive
Bowl Eligible, FL 32901
Mail the check to:
Mr. Huffy Cane
45 to 30 Drive
Bowl Eligible, FL 32901
This is very good general advice for not knowing all of the facts. In regards to the Landlord/Tenant situation go to the following Florida Bar webpage for all of the forms you would possibly need:
http://www.floridabar.org/tfb/TFBCo...a2490d4fa31363a88525771200482bdd!OpenDocument
What county are you in and maybe myself or someone else might know a real estate attorney for you who could at least do a free consultation.
I'm actually appalled that the estate attorney suggested you handle the foreclosure with the bank yourself. Good Lord, that is horrible legal advice. There are tons of reputable RE attorneys that can help you. I'd also go out and look for a different estate lawyer while you're at it. Sounds like yours is an idiot.
TLDR: Lawyers suck but can be worth it; Sucky lawyers should be disbarred, tarred and feathered; don't pay the bank sh!t unless you are on the loan
*not a lawyer but I have experience in dealing with a probate that did not go as well as it should have because douche bag lawyers and j@ck@sses who thought they could take advantage of a bad situation for their own enrichment.
Are you the Personal Representative (if in FL)? How the F@CK did the original estate attorney fail to find a mortgage in the deceased name? That is a simple records check in FL. Is the original estate attorney you went to the same one that is telling you to handle it yourself because if so, that is BS as well. Has the estate / probate been closed and this is now popping up or is it still in probate? Further, what crappy ESTATE attorney isn't at least familiar with real estate law or doesn't have a goto for advice? That is usually the first or second largest asset that someone owns when they pass away. The warning signs are there with this one. DO NOT give them a single / another hard earned penny, find someone / firm that is competent. As the Personal Representative of the estate (If you are), it is on you.
It should be easy to find out who's name is on the mortgage. You know who the bank is, they will send it to you as long as you are the Personal Representative and have a copy of the death certificate to send. You also need to check who is listed on the deed. IF there is someone else listed, they are probably entitled to the property through survivorship and the title can be transferred outside of probate with the death certificate. If probate is still open, and there really aren't any other assets, the bank can use that process to get whatever they are owed from the estate. Unless you want the house (don't think so), DO NOT send the bank any money or let them somehow add you to the mortgage. In no way as the PR for an estate with no assets should you liable for a bad loan. It will cost a bit but you need a GOOD (not expensive) lawyer. You could probably do most if not all of this yourself but it is worth it (IMO) to have competent professional help that you can trust to not drag things out to pad the check working for you. However, finding one that fits that description is the hard part.
Again, not a lawyer but my thoughts based on experience
*not a lawyer but I have experience in dealing with a probate that did not go as well as it should have because douche bag lawyers and j@ck@sses who thought they could take advantage of a bad situation for their own enrichment.
Are you the Personal Representative (if in FL)? How the F@CK did the original estate attorney fail to find a mortgage in the deceased name? That is a simple records check in FL. Is the original estate attorney you went to the same one that is telling you to handle it yourself because if so, that is BS as well. Has the estate / probate been closed and this is now popping up or is it still in probate? Further, what crappy ESTATE attorney isn't at least familiar with real estate law or doesn't have a goto for advice? That is usually the first or second largest asset that someone owns when they pass away. The warning signs are there with this one. DO NOT give them a single / another hard earned penny, find someone / firm that is competent. As the Personal Representative of the estate (If you are), it is on you.
It should be easy to find out who's name is on the mortgage. You know who the bank is, they will send it to you as long as you are the Personal Representative and have a copy of the death certificate to send. You also need to check who is listed on the deed. IF there is someone else listed, they are probably entitled to the property through survivorship and the title can be transferred outside of probate with the death certificate. If probate is still open, and there really aren't any other assets, the bank can use that process to get whatever they are owed from the estate. Unless you want the house (don't think so), DO NOT send the bank any money or let them somehow add you to the mortgage. In no way as the PR for an estate with no assets should you liable for a bad loan. It will cost a bit but you need a GOOD (not expensive) lawyer. You could probably do most if not all of this yourself but it is worth it (IMO) to have competent professional help that you can trust to not drag things out to pad the check working for you. However, finding one that fits that description is the hard part.
Again, not a lawyer but my thoughts based on experience
