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Questions Answered by Jonathan A. Klurfeld
2 Answers | Asked in Real Estate Law for Florida on
Q: if HOA filed suit against real estate agency can it affect home owners in community

HOA sold a lot of property for 140,000 to real estate agency. The owner of the agency was HOA president. Agency then sold for 1.3 million. President didn’t have approval of all HOA. HOA is now suing. Can this affect homeowners that have just moved in? Suit was not disclosed. HOA is saying... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2018

It sounds like the president did something illegal via some inside deal selling HOA property for 1/10th of what it was worth so she could profit from it. The legal fees are the responsibility of the HOA, which could be substantial but if the president acted outside her powers then the HOA is not... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it illegal to not notify potential buyer that seller accepts offer?

The buyer wanted our property but willing to offer more on agents other property so was told we wouldn't come down. I have copy of text between agent & buyer to prove. Key Largo Florida

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2018

Probably but what are your damages? Another buyer could come along tomorrow, or this buyer may have never gone through and actually signed. Emails/texts are not binding per the statute of frauds to act as a contract for real estate. There is a lot of speculation there. It would be more cost... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: What is in Florida "ORDER OF DEBARMENT PURSUANT TO AO-S-2017-070

I filed pleadings to stop the sale of my home. I missed the court date. Now it says "ORDER OF DEBARMENT PURSUANT TO AO-S-2017-070

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2018

The sale went through but bidder did not pay per the below link to said Order.

http://www.fljud13.org/Portals/0/AO/DOCS/S-2017-070.pdf?ver=2017-12-14-110600-107

Debarment for Failure to Pay

Any successful bidder who cannot pay the required deposit at the time of the...
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2 Answers | Asked in Real Estate Law for Florida on
Q: If you get a 3 day notice or eviction from someone who is not a the owner or manager is it legal? If someone has can you

The person I rent from is out the country and the person I give the money to is just a friend that has nothing to do with the house. She doesn't fill out paperwork or nothing

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2018

I agree, there is no legal definition for "manager" and it sure sounds to me as well she is acting as landlord's agent and has authority to issue the 3 day notice. You should simply pay the rent you owe and it wont be a problem

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3 Answers | Asked in Real Estate Law for Florida on
Q: We are selling our home for cash. What fees is each party responsible to pay? We live in Florida
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 23, 2018

Way too broad of a question. If you have no realtors you at least need to have an attorney to walk you through the process. Seller typically pays for doc stamps, title search, commissions, etc; whatever the contract calls for.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a final judgement amount include all liens on a short sale/ foreclosure?

New real estate agent in Tampa

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 18, 2018

no just the amount of the one lien suing.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can i be forced into foreclosure if no note or non payment has been filled thru the court?

I inherited the property in 2004 in 2015 I borrowed $5,000 against the property through a private party mortgage he wrote it up and on a mortgage that he got online he filed a mortgage through Osceola County court system was but never filed a note the mortgage states that I have until 2045 to pay... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 16, 2018

The mortgage is recorded as its the lien on the property; the note does not need to be recorded. If you are behind on payments the agreement says what happens; but there is no minimum amount needed to foreclose and it will cost you many many times $300 just to hire a lawyer to defend it so better... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: If a short sale property is listed at $169,000 but has a final judgement amount of $295,000, how much would you pay?

I am a new real estate agent in Tampa and I have an investor who wants me to find him a property that he can rehab.. I am really just looking to figure out how foreclosures and short sales work in the state of Florida. I am looking at a house where the house was auctioned off and is being sold by... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 16, 2018

Short sales work the same everywhere. You find a property and make an offer to the bank who will tell you what price they are looking for (based on net funds to bank) and you can counter or match that. There is no formula what % they will take.

1 Answer | Asked in Real Estate Law for Florida on
Q: I want to purchase my own Home Owner ins. can i be force to accept the Escrow acct set by my mortgage co?

My home was damaged in Hurricane Irma. Took my insurance through mediation in turn it would not renew my policy. Repairs have been made although i reported to Mortgage co. that i planned to get my own ins. Now the mortgage co. said that i would have to accept the Escrow acct. with no... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 13, 2018

Generally, if the mortgage you signed says that, which is common especially upon lapse, then yes.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can my real estate agent sell me a property he may own/affiliated with llc which owned property previously? Legal?

Speculating my agent is affiliated with an llc which owns foreclosure property. Which in turns brings it to my attention as an investor for purchase. I believe the plc is profiting as well he may be making commission during purchase and sale as my real estate agent. Is this legal or an ethical... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 13, 2018

I dont see why it's an ethical issue to own an interest in real estate and then sell it to you. I assume the only ethical issue would be making disclosure to you of such interest in the LLC; if it is true. If agent is not on sunbiz for the company as an officer of the company, you will have... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I have leased a property over the last 4 years, my lease ends 9/30/18. After several weeks and attempts to contact

the property management company about a new lease I finally made contact and entered into an oral agreement to extend the lease on July 19th 2018, and was sent a lease to sign. I was contacted yesterday by email yesterday and told the lease will now unfortunately not be renewed per their lawyer the... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 8, 2018

None other than to be out by out by Sept 30th if no new lease was signed. Landlord cannot possibly honor the lease after losing the property at auction in October anyway

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1 Answer | Asked in Real Estate Law for Florida on
Q: can a family member participate in a short sale?

none

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 7, 2018

Generally no. You sign a federal law "arm's length affidavit" that you are not selling to a related person.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Update. Manager said they have 30 days to provide us w/a written response after we faxed PROOF of pymnts. Is that legal

Update 2. Carrington turned over our mortgage to a collection agency to contine foreclosure.

We received the letter yesterday and it was just in my husband's name which I thought was weird because I'm also a mortgagee on the account.

And this morning our August mortgage... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 1, 2018

Yes its a huge corporation moving around millions of dollars, they can't just go look at the register like local mom and pop shop. 30 days is also the reply timely to verify a debt per the FDCPA. Best tip is simply pay what is due to bring the account current RATHER than paying a lawyer.... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I bought a house 5 years ago now code enforcement tells me that I need a permit for my patio (which was already built)

Am I liable

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 30, 2018

Yes, the fact that you didn't build it is irrelevant. You assumed liability when purchasing. Code will simply fine the property $100+ per day until fixed. Very generally all you need to do is go pull a permit and have it inspected by the city and if it passes that's it.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: We received a letter in the mail today from U.S Bank, the letter is a verified amended complaint to foreclose mortgage.

I contacted our landlord and she stated that we were not loosing our house this is the previous owner and they’re just trying to get money from the previous owner. And I don’t know how to find out what’s actually true.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 28, 2018

I agree, or your landlord bought the property via auction from a HOA/condo auction or a junior lien auction still subject to the first mortgage who can still foreclose. "Trying to get money from the previous owner" frankly sounds like hogwash (or a downright lie). The old owner is long... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Who do I file a Small Claims court case against for Violating FS 83.49(3) the Property Manager or Property Owner?

It's been 75 days since we vacated our last rental property. We received no notice and no itemized list against our security deposit. We vacated the property and I mailed our keys on May 12, 2018, certified return receipt, and he DELIBERATELY delayed delivery of that package for almost TWO... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 27, 2018

You likely don't and wait for 30 days from July 2nd. The first few words of the statute section regarding deposits reads "Upon the vacating of the premises for termination of the lease..." Your lease was not "terminated" until July 2 as it ended July 2. I assume you also... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Hello! Is it possible to provide a deposit on a house only after Inspection and Title/Deed have cleared ? Thank you.
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 25, 2018

It is whatever you agree via the contract.

2 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida on
Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 25, 2018

I agree a lawyer can't do anything for you yet. It is very possible they will reverse the delinquency if you truly did pay and they cashed the checks. Could be a simple mistake, definitely nowhere near a lawsuit against them yet.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can a bank touch our business if they are suing on a foreclosure matter

Bank took our home but trying to sue us for the lost interest they would have gotten from the loan

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jul 25, 2018

Very possibly yes as with a deficiency judgment they can levy assets. You should hire an attorney ASAP if you are being sued. There are ways to reduce your exposure.

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