Monthly Archives: July 2021

Dear Juris Doctor;

I have heard that I can execute a deed to add my children as co-owners. Is there a form I can use?
Thank you, Anna from Canterbury

Dear Anna;

There are different types of deeds for different circumstances. In Florida most arms length transactions utilize a warranty deed. When ownership is transferred between related parties a quit claim deed may be appropriate. Two or more parties may hold title as joint tenants with right of survivorship, tenants in common or tenants by the entirety. Lady Bird Johnson, the former First Lady, utilized a quit claim deed which is commonly referred to as a “Lady Bird Deed.” A Lady Bird Deed may be recommended if a parent wants to provide for a child to receive the property upon the death of the parent but the parent retains the right to sell or transfer the property without the signature of the child. The Lady Bird Deed avoids the time and expense of the probate of a Last Will and Testament when the parent dies. A revocable trust may be a better alternative than the Lady Bird Deed when making the decision of how the parent desires to retain control until the parent’s death. I recommend you consult an attorney who will review your situation and advise you so that you may make an informed decision. Please note that if there is a mortgage on the property, the lender generally must approve a transfer adding a child before the deed is executed and recorded.

Sincerely, J.D.

If you have a legal question in the area of real estate, foreclosures, short sales, mortgage modifications, estate planning, wills, trusts or probate, please submit it to this newspaper at james@jcclaw.com.

Dear Juris Doctor;

I recently heard a woman on the radio say that her home was stolen and she was evicted.
How can a home be stolen?

Thank you, Cara

Dear Cara;

I have heard the radio advertisement to which you are referring. The ad is from a company that researches the title ownership of your home and monitors it for you. The spokespersons are trying to scare you so that you will pay for the company’s services. If you reside in the home you own, it would be difficult for someone to steal your home ownership. We in Palm Beach County can research our title documents every day at any hour by accessing the website for the Palm Beach County Clerk’s Official Records – http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp. You can insert your last name followed by your first name in the appropriate webpage and all documents recorded in the Palm Beach County Official Records will appear.

The home theft concept in the advertisement results when a criminal has a forged deed recorded in the Public Records. Typically, the real owner’s forged signature will appear in the deed which transfers the property to the criminal. Then the criminal will likely attempt to obtain a mortgage encumbering your property or sell the property. Any lender will want to access your property for an appraisal so it would be difficult for you to be the subject of this scheme if you reside in your home. If a property were to be sold, the buyer will want to see the inside of the home. The radio advertisement also mentions eviction. Only tenants can be evicted. It would be very challenging for a criminal to “evict” a homeowner who resides at the home in Palm Beach County. In addition, there are legal remedies if your signature is forged on a deed. It is more likely to happen in a vacant property than a home that is owner occupied.

Please contact me if you have any further questions.

Sincerely, J.D.
james@jcclaw.com

If you have a legal question in the area of real estate, foreclosures, estate planning, wills, trusts or probate, please submit it to this newspaper at james@jcclaw.com.

Dear Juris Doctor;

My father is seriously ill and I am appointed his agent in a Power of Attorney. Until when may I continue to act on his behalf?

Thank you,
Rory at PGA National

Dear Rory;

A Power of Attorney terminates at the time of death of the principal (signer). A Durable Power of Attorney may continue to be effective after the principal becomes incapacitated. I recommend that you review the document with an attorney to determine when your authority terminates.

There are some misconceptions about Powers of Attorney. These misconceptions include:

• The Power of Attorney can be executed by someone legally incapacitated. Wrong!
• There is a standard form on internet. Wrong!
• The Power of Attorney can be executed without witnesses or notary. Wrong!
• The spouse or family members may act under a verbal Power of Attorney. Wrong!!
• The Agent can do whatever he/she wants on behalf of the principal. Wrong!!

Powers of Attorney are complex. Some provide very specific powers and others provide multiple powers to act on behalf of the principal. It is important you understand exactly what you are able to do as the agent so you do not exceed your authority.

Once again, I recommend review by an attorney so all your questions may be answered and you fully understand the authority given to you.

Sincerely, J.D.

If you have a legal question in the area of real estate, foreclosures, mortgage modifications, estate planning, wills, trusts or probate, please submit it to this newspaper at james@jcclaw.com.

Dear Juris Doctor;

I want to lease a property and have the right to purchase it. What is the difference between an option to purchase and a right of first refusal?

With appreciation, Elizabeth at PGA National

Dear Elizabeth;

Your lease should outline your ability to purchase the property in the future. If you are certain you will buy the property but lack the ability to do so when you begin the lease, an option to purchase will usually require you to pay a nonrefundable deposit, specify the purchase price and the period of time within which to buy the property. Usually a tenant will have the option to purchase at any time during the lease period by providing written notice to the landlord.

A right of first refusal usually provides that the tenant will be notified in writing during the lease period if the landlord will sell the property and the sale price – or if the landlord receives a written offer from a 3rd party, then the landlord shall notify the tenant and provide a period of time (e.g. 48 hours) to provide a contract with the same terms as the 3rd party offer.

Sincerely, J.D.