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Questions Answered by Barbara Billiot Stage
2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 5, 2022

No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.

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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA law says that HOA meeting info must be mailed 14 days before the meeting. Is that postmarked or received?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 6, 2022

Postmarked. The only exception is for hearings to impose fines -- those must be received 14 days prior to the hearing.

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2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 1, 2022

Yes, if there is a mortgage, you take it subject to the mortgage.

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4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 29, 2022

No one should buy or sell real estate without hiring an attorney to represent them in the transaction. I am a real estate attorney and I hired one when I purchased my own home. It's money well spent to have someone advise you of all the possible things that could go wrong.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am a realtor trying to find out when a property will go to the courts

I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 22, 2022

No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 14, 2022

It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can my HOA increase my dues by 159% because the developer (who still owns 2/3 of the lots) won't pay their share?

The developer controls the board until all properties are completed/sold. The HOA explains the increase like this: The main reason for this increase is due to the delays in constructing the second phase of The Links, which has meant the whole of the Association has been relying on only one-third... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 7, 2022

You cannot find the statute because there is not one that addresses this issue. Any assessment increase caps are in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for your HOA, which we cannot review in this online forum. Caps were popular decades ago but most modern... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Business Law for Florida on
Q: My HOA is charging me a convenience fee for paying my HOA dues. They don't offer any free options. Is this legal?

They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 3, 2022

If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a City in FL still require a Business Tax Receipt even though the State of FL does not require a license any longer?

The State of Florida DBPR no longer requires a person to have a State Body Wrapping license as of July 2020. Can a City in FL still require a Body Wrap specialist to have a City Business Tax Receipt in order to do Body Wrapping?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 2, 2022

Yes, a City Business Tax Receipt is an occupational license rather than a professional license.

1 Answer | Asked in Real Estate Law for Florida on
Q: HOA Covenants expired. Does this mean we do not have a legal Association anymore?

Original Covenants Filed Sept 13, 1982. Were not preserved. Current Board is not telling anyone of this. And are not even following what the expired covenants stated. Are we in fact no longer a Legal Association?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 24, 2022

There are several ways covenants can be preserved without the HOA filing the Notice of Preservation. It requires a title search of your lot, a review of the community plat and research of the public records to make a determination.

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Won a HOA foreclosure sale in FL. Bid is over the HOA Lien. Will the surplus funding assign to the first mortgage?

Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 21, 2022

No, the surplus funds cannot be claimed by the holder of the first mortgage. Any other lienholders and the original may claim the funds. If there are competing claims the clerk of court files a court action for a judge to decide.

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1 Answer | Asked in Real Estate Law for Florida on
Q: We are selling our property and will be second lien holder. Can we sell the second lien after we close?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 21, 2022

I highly recommend you hire a lawyer to represent you in this transaction and I highly recommend you don't put yourself in the shoes of a creditor. So many things could go wrong with this.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: My parents live in a mobile park owned by the local airport. The FAA is making them do away with the mobile park and

Residents will be displaced. Do they have an obligation to pay residents to relocate?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2022

If they own the mobile home but lease the land they are eligible for relocation assistance through the Florida Mobile Home Relocation Trust Corporation. It is administered by the Dept. of Business and Regulation (DBPR). They can contact DBPR at (850) 488-1122) for information.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida St. 720.3086 Financial Report - it states the report may be posted. Is it legal to limit the time frame?

If the developer chooses not to mail the report, and not to publish it in a publication regularly distributed within the subdivision, can they "limit" the amount of time the report is "posted"? I requested a copy of last years report, but was told that was not possible because... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 10, 2022

The statute doesn't provide a time period it has to be posted and only provides it has to be posted within 60 days of the end of the fiscal year. Don't confuse this with Section 720.303(7), which requires a HOA to either mail you a copy or send you a notice it is available upon request.... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal for my aunt to go into my home without permission and go thru all of my things? I’ve only got 1100 left

And it’s mine, currently the home is technically still hers, so I don’t know if there is anything I can do about my aunt going into my home without permission. The home is in Texas btw

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You will need to repost your question with some more facts, such as whether there is a lease, what does "technically still hers" mean and 1100 what?. You will also need to repost this to a category for Texas. The laws vary from state to state.

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

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2 Answers | Asked in Foreclosure for Florida on
Q: what is the process of an association foreclosure. I need to stop foreclosure. I have a 1 day window to act.

I received a letter date August 19, 2022 informing me that a clubhouse association intends to foreclose on my property. I had 30 days to respond and dispute the claim (I missed this day) and if they did not hear from me within 45 day they would foreclose. This will take me to Monday to be the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 2, 2022

Community associations, by law and the association documents, are entitled to interest, late fees, attorneys fees and costs for the collection of late assessments. Any payment is, by law, applied to these charges first, which means unless you pay the amount in full, you are at risk of foreclosure.... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.

2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

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1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Is a solar security camera considered a "renewable energy device"

I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2022

More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... Read more »

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