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.
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.
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.
answered on Dec 1, 2022
Yes, if there is a mortgage, you take it subject to the mortgage.
that prevents me from doing this?
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.
I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property
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 »
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 »
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.
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 »
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 »
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.
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.
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?
answered on Nov 2, 2022
Yes, a City Business Tax Receipt is an occupational license rather than a professional license.
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?
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.
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 »
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.
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.
Residents will be displaced. Do they have an obligation to pay residents to relocate?
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.
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 »
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 »
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
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.
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 »
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.
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 »
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 »
They have no lease and have never paid rent.
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.
Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.
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.
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.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
