Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!
answered on Mar 28, 2023
No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... Read more »
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... Read more »
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »
answered on Mar 20, 2023
The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... Read more »
I was told anything inside the unit os the condo responsibility. Insurance company is not reliable. Can you help me I have little money want want to be insured. I live in the bluffs marina.sprinklers and pipes are breaking. Thank you
answered on Mar 20, 2023
A condo lawyer would have to read the Declaration of Condominium and Bylaws for your association to give a proper answer. Generally, anything from the bare sheetrock out is the condominium's responsibility and anything from the sheetrock in, including paint, floor coverings and other... Read more »
My water heater sits in a pan with a well maintained drain, so the risk of flooding in the event of a leak is mitigated. Can the board legally require replacement, under the threat of legal action to enforce? Our bylaws make no mention of an authorization to require replacement of water heaters... Read more »
answered on Mar 20, 2023
Probably. Most modern water heaters have a life of 10 years if you are lucky. The consequences of a water heater failing could be more than just a leak filling up a pan and could flood your unit, which would damage adjacent units. If the condo association adopted this under their Rules and... Read more »
A buyer presented me with a contract with an inflated purchase price of $120,000 more. He is using a DSRC loan to buy it. He added an addendum stating I woud return $120,000 to him at closing for property management and maintenance. I was hesitant on signing and his broker told me because its a... Read more »
answered on Mar 19, 2023
If it looks like fraud and smells like fraud -- it's fraud. The realtor is not your agent and you should never buy or sell real estate without a lawyer. Don't sign anything without having a real estate lawyer review it.
answered on Mar 10, 2023
The process is for the board to give notice of a meeting 14 days in advance of the meeting to vote on the special assessment. Once the assessment is approved the board needs to send out a notice to the owners of the special assessment. There is no specific law of when the assessment can be... Read more »
How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... Read more »
answered on Mar 7, 2023
Your statements are confusing but it seems like you were attempting to have a property manager represent you or a group of owners in court? That would be the unlicensed practice of law and a felony in Florida. A default is entered whenever you do not file an answer to a lawsuit. The summons... Read more »
The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... Read more »
answered on Mar 6, 2023
If it was a final judgment the court does not have jurisdiction to hear any other motions except for post-judgment motions under Florida Rules of Civil Procedure 1.530 and 1.540 (15 day deadline to file) or a motion for attorneys' fees and costs (30 day deadline to file) if applicable.
720.3085 (5) states the the notice for Intent to Foreclose must be substantially in the following form “This letter is to inform you a Claim of Lien has been filed…”. The text “has been filed” (past tense) leads me to believe the lien must be recorded before Intent to foreclose notice.... Read more »
answered on Mar 6, 2023
Filed and recorded are two different things in the legal world. Filed means it was sent to the clerk and recorded means the clerk recorded the document. There could be a situation where the document was sent to the clerk but not recorded (lost in the mail? lost by the clerk?). Not all attorneys... Read more »
If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?
answered on Mar 4, 2023
Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... Read more »
This is a short term lease for 3 months.
answered on Mar 2, 2023
There are consequences to breaking a contract. The amount of your liability to the landlord for damages depends on the language in the contract, which we cannot review in this online forum.
i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.
answered on Mar 1, 2023
You can motion the court for a medical exemption if you need the refund to use for medical bills. The Middle District Court has a clinic for pro se filing. Make an appointment with the clinic to get guidance in submitting such a motion.
Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.
answered on Feb 27, 2023
It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... Read more »
answered on Feb 27, 2023
It depends on the language in the HOA documents, which we cannot review in this online forum. You would need to consult with an experienced HOA lawyer to review the documents and advise you.
Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?
answered on Feb 27, 2023
Only if it is for rental restrictions. Those are the only amendments that recognize an owner is not subject to them unless they voted for them.
(1) Back in November 2022, I received a Cease & Desist Letter effective immediately and permanently to send emails for the health, safety, and welfare of the Management Team. If I didn’t do what they told me, they would file litigation against me. The 9 or 10 emails in a 5-month span that... Read more »
answered on Feb 27, 2023
You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.
The management company may be deflecting... Read more »
I receive the right to stay at the exchanger’s home or guest points which allow me to stay at any home in the system. My condo board says I am “renting” my condo in violation of the condo documents which limit leases to twice per year, minimum of 2 consecutive months. Are they correct?
answered on Feb 26, 2023
Probably, but no one can say for sure without reading your condo documents. Many prohibit short term rentals and and exchange is still a rental. You’re getting something for value.
They are completely disregarding almost all aspects of FL statute 718 and refusing to accept my certified return receipt mail. That is my next step?
answered on Feb 25, 2023
File a complaint against the management company's license with the Department of Business and Professional Regulation at myfloridalicense.com.
I agreed to do a quick claim deed transfer when I got behind on my taxes and in the deed it states that I agree to pay $500 a month to rent and also had the option to buy my property back within the first year for $10,000 my year ain't up but he's selling my property and tearing down the... Read more »
answered on Feb 20, 2023
You need to take a copy of the deed and any paperwork to a real estate lawyer immediately. Lawyers cannot give you advice based on a document they have no way to review in an online forum. Time is of the essence in this case so consult with a lawyer as soon as possible.
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