Mr. Waller – What Do You Like About Being A Lawyer?
Video Summary
What do I like about being a lawyer?
Well, I guess the thing that I like the best is helping people. And I meet good people, when they come to see me, and I get to know them. And we have a mission statement, here, which hopefully represents our firm. And it’s two words – it says: we care.
And I really do care about the people that come to see me, that engage my services to try and help them. And I try and tell them what the law is, but I also try and take a practical approach to whatever their problems or questions they may have. Many times, there is not a legal solution to their problem, and so, I try and come up with some alternative suggestions on how to try and resolve the matter. Many times it’s neighbors problems, or it’s family problems, or whatever, and so I try and listen, and be empathetic, and care, although many times I’ll tell them that there’s not a good legal solution to the problem.
And, also, as far as dealing with legal problems, is to make sure that I don’t do any harm to the client. And, also, that if they come to me with an $8,000.0 problem, that that’s what their damages are, that I don’t wind up charging them, you know, $5,000.00, $6,000.00, $7,000.00, to solve the problem. So, after litigation’s all done and over with, and they get their money, well, then, they turn around and they pay me all the money, and they’ve gone through all this aggravation, in order to simply pay their lawyer to resolve the issue.
Also, I caution people about not suing based upon the principle of the matter, and the principle is very expensive. And probably after they’re paying me a huge amount of money over the principle of the matter, that they sort of forget what they told me to begin with, it didn’t matter how much it costs them – it usually does. But I enjoy chatting with folks, and sometimes I think I’m pretty funny, so, particularly if they laugh at my jokes, well, I usually get along very well with the folks.
And so, I just like, you know, being a lawyer, and seeing if I can’t solve problems. Particularly when it comes to real estate issues, whenever I try to clear up a title, or figure out how to do something, and I can figure out how to do it, maybe when someone else hasn’t been able to do it. So, like, a treasure hunt, trying to find folks, or to come up with the law is, or to figure out how to do something.
So, I just like being a lawyer, and dealing with folks, and hopefully do a pretty good job as far as whatever people hire me to do, and in the cases that I undertake. So, hopefully if you have any real estate issues, or probate issues, or trust, give me a call, and I’ll be glad to chat with you. And talk to me over the telephone, and then if I think it’s something I can help you with, well, I’ll set you up an appointment, and we can talk about what it’s gonna take to get the job done. Give me a call at 727-847-2288.
When Do You Use A Quitclaim Deed?
Video Summary
When do you use a quitclaim deed?
Well, primarily, you use quitclaim deeds to clear up any questionable title issues, when it comes to real estate. The quitclaim deed says that I convey to you whatever interest I may have in the property. Whether you’re not saying that you own anything, or if you do own anything, you’re conveying it to the other party. This is contrasted or different than a warranty deed, and as with warranties, you’re saying, “I’m conveying to you good title to this property.”
So, usually, the quitclaim deeds are used whenever you simply wanna clear up title, or someone is gifting you something, and they don’t know if there’s any liens on it, or just what interest they have on the property. But they’re willing to give you their interest in the property, and many times there’s no consideration for. I caution you, though, if you’re purchasing property, or paying somebody for property, I would not suggest you agree to take a quitclaim deed.
In any real estate transaction, I suggest that you have a contract, and have a title search done on the property, so that you don’t get taken. So you don’t wind up with a piece of property that the person did not own, or that there may be a lot of mortgages on the property. And that way, you can have the title checked out, and it’s not all that expensive to do, particularly with your spending thousands to spend hundreds to determine whether or not there are any liens on the property, and exactly what you’re getting.
So, a quitclaim deed is basically the conveyance of property of any interest in property that a person may have, and they’re saying, “I’m not saying I own any interest in the property, but if I do have an interest in the property, I’m conveying it to you.” The deed does have to be signed in the presence of two different witnesses, and acknowledged by notary public to be effective. And documentary stamps need to be placed on the quitclaim deed for the amount of the consideration. Or if there’s a mortgage on the property, you need to put documentary stamps on’em, also, based upon the amount of the mortgage.
If you have any questions about a real estate transaction, the use of a quitclaim deed, give me a call at 727-847-2288.
- Published in Real Estate, Videos
What Are The Repercussions Of Breaking A Lease Agreement?
Video Summary
What are the repercussions for breaching a lease agreement?
Well, let’s first start with the tenant. That’s usually the one that is looking to breach or move out of a lease prior to its expiration or not paying the rent.
So, the most common breach of a tenant of a lease agreement is where they don’t pay the rent. The landlord then has the right under the Florida Landlord Tenant Act to file a three day notice to the tenant telling them that they got three days in which to pay the rent or move out and the landlord can then sue for possession and to have the tenant removed by the sheriff.
That process takes about 30 to 45 days. Also, the landlord can sue the tenant for any damages or any back due rent. Depending upon the lease is how that’s to be calculated and when they calculate it, so those are the usual circumstances whenever a tenant breaches the lease, it’s for non-payment or they may violate some other rule.
Again, the landlord must give the tenant a certain notice, giving them, I believe, it’s seven days in order to correct the deficiency such as if they had a pet in the apartment or the house and it was in violation of the terms of the lease, well, they give a seven day notice and tell the tenant they must correct it in seven days or they’ll evict them and if they do it again, well, they will have a right to evict the tenant.
On the other hand, we have the landlord – let’s say that they have leased the property to the tenant and the tenant is paying the rent – this sometimes rises in the event that the landlord is sued in foreclosure and the tenant is of course sued and then they have – the question is: well, has the landlord breached the lease and the answer is: no, until the final judgement of foreclosure is entered and the property is sold and the tenants are required to leave.
Does the landlord breach the lease? In that event, the tenant does have a cause of action against the landlord. They could sue them for the breach of the lease and their liability for that.
Another circumstance where the landlord has leased the property and has decided to sell the property and the tenant is still in possession. The landlord cannot unilaterally terminate a lease. The tenant has a right to remain in possession and really it’s very difficult for the landlord to show the property, but if they do sell the property, whoever purchases it is bound by the provisions of the lease.
So, the landlord has a hard time breaching it other than it’s the landlord’s failure to possibly maintain the property. In that event, the tenant gives a notice to the landlord of the failure of the landlord to do the repairs or maintain the property and the tenant’s remedy is to terminate the lease and move out.
Again, that requires a seven day notice to the landlord giving them seven days to take care of the problem. If a landlord does not or commence then to fix these problems, well, the tenant can terminate the lease and move out.
So, those are some of the most common examples of and the remedies of both the landlord and the tenant as far as a breach of a particular lease. This has to do primarily with residential tenancies rather than commercial tenancies.
So, if you have any questions about your tenant or your landlord, give me a call at 727-847-2288.
- Published in Real Estate, Videos