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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My bf bought me a house he put my name only on deed the agreement was to pay the house bills which I’ve been doing

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 !!!

Barbara Billiot Stage
Barbara Billiot Stage
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.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Can a quit claim deed still be filed after home being discharged in Bankruptcy?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: Ejectment after being deeded property from a Will.

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I need to find out if I am covered on my insurance for the sprinklers in my condo I have insurance

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

Barbara Billiot Stage
Barbara Billiot Stage
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 »

2 Answers | Asked in Real Estate Law for Florida on
Q: I own a condo in Florida. The Condominium association is requiring all water heaters over ten years old to be replaced.

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

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3 Answers | Asked in Real Estate Law for Florida on
Q: Is it legal in a real estate contract to inflate purchase price then have seller return money?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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.

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1 Answer | Asked in Real Estate Law for Florida on
Q: When does my co op board have to give specific dollar amount about for a special assessment before expecting payment?
Barbara Billiot Stage
Barbara Billiot Stage
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 »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Owner/tenant contract w/GenCon. All invoices paid, owner sued for unpaid inv. from subCont., default win due to error?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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.

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2 Answers | Asked in Foreclosure for Florida on
Q: HOA Lien Foreclosure. Does FL 720 require that a lien be FILED/RECORDED w court before Intent to Foreclose is sent?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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 »

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

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?

Barbara Billiot Stage
Barbara Billiot Stage
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 »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I sign a lease in FL and decide to break the contract and never move in

This is a short term lease for 3 months.

Barbara Billiot Stage
Barbara Billiot Stage
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.

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3 Answers | Asked in Bankruptcy for Florida on
Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?

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.

Barbara Billiot Stage
Barbara Billiot Stage
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.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What would be the estimated cost (legal & governmental) to divide a current HOA into 2 separate HOA's ?

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.

Barbara Billiot Stage
Barbara Billiot Stage
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 »

1 Answer | Asked in Contracts for Florida on
Q: Can an HOA be split into 2 HOA's with less than 100% agreement of the residents?
Barbara Billiot Stage
Barbara Billiot Stage
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.

2 Answers | Asked in Real Estate Law for Florida on
Q: Is an amendment to condo docs enforceable against an owner who votes against it?

Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?

Barbara Billiot Stage
Barbara Billiot Stage
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.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I hope someone can get back to me asap. These are 2 of several urgent issues. Real Est law seemed the best category.

(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 »

Barbara Billiot Stage
Barbara Billiot Stage
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...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I belong to a home exchange group. Is an exchange considered a lease under Florida law?

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?

Barbara Billiot Stage
Barbara Billiot Stage
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.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am not on my HOA board but have learned that the management company has taken over all responsibilities .

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?

Barbara Billiot Stage
Barbara Billiot Stage
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.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I sue for breach of contract?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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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