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Florida Real Estate Law Questions & Answers
3 Answers | Asked in Real Estate Law for Florida on
Q: I have been paying my 36 year owner financed mortgage by mail for 35 and a half years. I have 6 monthly payments left.

The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More

Jane Kim
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answered on May 20, 2024

How did you "buy" this home? Typically, title transfers on the day of closing and then you pay monthly payments on a mortgage where your home is treated as collateral for the mortgage. But you own your home from the very beginning. Unless this was a lease contract with option to buy, then... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: What are the penalties to our Landlord if she never set up our Security Deposit escrow account as required by law?
Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2024

There's no statutory penalty.

2 Answers | Asked in Real Estate Law for Florida on
Q: First time home buyer in Deltona Florida. I need a lawyer to review contract correct? and any idea how much? Recommend
Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2024

I recommend that everyone who buys or sells real estate in Florida have a lawyer represent them in the transaction. There is no set fee because every lawyer is different.

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0 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights to access property I am on the release and paying rent after a breakup?

My partner and I broke up; she is staying in the property for now, and I am moving out. I want to go get my belongings from the townhouse, and she is not letting me access them when I want, only if she is there. What are my rights? IN hyplouxo Florida

0 Answers | Asked in Real Estate Law for Florida on
Q: Ex refi home (with xyz), to pay off original (abc) How do I know xyz will pay off abc and get me off of it?

XYZ wants me to sign quitclaim, but provides no guarantee they will pay abc to remove me. Not sure what to do to get out of this house / mortgage (abc)

1 Answer | Asked in Real Estate Law for Florida on
Q: Planning a seasonal rental of my condo. The property is in a trust. I would like a llc and keep homestead. Please help
Barry W. Kaufman
Barry W. Kaufman
answered on May 9, 2024

You may lose your homestead exemption. Hire an attorney to review your situation and advise you on the best course of action.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2024

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord put a lockbox on the property while tenants are living in the property without your consent or agreement?
Jacqueline Alicia Salcines
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024

Absolutely not if residential. That’s calls self help eviction and very frowned upon. Speak to a lawyer to assist you

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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0 Answers | Asked in Real Estate Law for Florida on
Q: what can i do

I rented this property from a lady and I'm living there for a week and somebody knocks on the door and it's a guy telling me that he works for the actual owner and that I've been scammed and when I looked online it currently says that the lady who rented me the house is on the... View More

4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Jane Kim
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answered on Apr 30, 2024

There is no way anyone can sift through this on this platform and provide legal guidance.

Please note that a lawyer at the title company is not your lawyer, so that s/he does not represent you and does not have your best interest in mind. Certainly, you must retain your own lawyer to...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a 100% Disabled Veteran have to pay for permits to replace a trailer if the one on the property is unpalatable

We inherited the property so we sold our house thinking it just needed a roof but after our house sold and we entered it was unpalatable so we have to replace it so we have somewhere to live but aren't sure of the steps for permits. We're in Pasco County Florida, not Orlando

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Thank you for your military service.

As a 100% disabled veteran, you may be eligible for certain benefits and exemptions when it comes to permits and fees for replacing your trailer in Pasco County, Florida. However, you will still need to follow the necessary steps to obtain the required...
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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: In NC, how could I get a friends property deed re-assigned to me, since my friend passed away? Are there forms for this?

none at this time.

James L. Arrasmith
PREMIUM
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answered on Apr 29, 2024

I'm sorry for your loss. The process for transferring property after the owner has passed away depends on a few factors. Here is some general information, but you may need to consult with a probate attorney for guidance on your specific situation.

First, it depends on how the property...
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0 Answers | Asked in Appeals / Appellate Law, Consumer Law and Real Estate Law for Florida on
Q: court wrongly released $500,000 that was put in escrow i appealed the partial summary judgement appeal court said writ

is it a good thing that they are treating this as a writ of certiorari and that i dont have to show cause? i need an attorney that can help me asap case 2022-000311-ca-01 11 circuit

102IN THE DISTRICT COURTiOF appeal

OF FLORIDA

3”” T]

THIRD DISTRICT... View More

0 Answers | Asked in Appeals / Appellate Law and Real Estate Law for Florida on
Q: partial summary judgement was granted to realese 500k held in escrow in error i appealed it please look below. help

Eric Rioja,

Appellant(s),

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

February 28, 2024

3D2023-1446

Trial Court Case No. 22-311

V.

Jadeh Investments, Inc.,

Appellee(s).

Upon consideration of the... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: What are my rights of tenancy & execution of the will?

I am a 70 year old woman with only social security income.My partner of 6 years passed away.I put my shoulder replacement surgery off to get him back on his feet,he asked me to.He died in a hospice situation.The children get the house and in the will it states that I have 3 months to vacate.What... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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0 Answers | Asked in Family Law, Real Estate Law and Land Use & Zoning for Florida on
Q: Do tresspassing laws extend to my sibling if I don't want him to come to my home? Our mother lives with me he insist on

bullying his way to my home to see our mother. I have offered to bring her to meet him to take her with him, but he and his wife insist on violating my wishes and coming to the home just to challenge me. I called the police recently on them when they arrived. 1 of the police officers said he could... View More

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