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
I would answer this question in practical terms. How do they enforce it? They'd enforce it only if there is an actual leak that causes damage that would ordinarily be absorbed by HOA's insurance. In your situation that damage to common elements becomes your responsibility instead of the... Read more »
Now I was told it's a civil matter but he has my vehicle and he did not have permission to do any of the work on it
answered on Mar 18, 2023
F.S. 559.921: If, in any proceeding brought pursuant to this part, it is determined that the repairs and costs thereof were in fact authorized, orally or in writing, the repairs were completed in a proper manner, and the consumer benefited therefrom, then the enforcing authority may consider such... Read more »
Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.
30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... Read more »
answered on Mar 8, 2023
There are legal remedies available, of course.
The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and... Read more »
Son and daughter in law cared for aging parents (homeowners) until their deaths. No WILL. Son continued to pay the mortgage payments until mortgage was paid off. Home developed a slab crack and insurance was cancelled. Home burned to the ground Jan 1 2018. there is no building just land. My... Read more »
answered on Mar 7, 2023
Here is from a basic Google search:
Please call our Customer Service Department at 1-800-414-1226 or 1-800-438-1832 (TDD/TTY Hearing Impaired Only) to find out if your loan is subject to recapture or to receive payoff information.
There is no way anyone can address the rest of your... Read more »
Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... Read more »
answered on Mar 3, 2023
Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.
It is a good thing you asked... Read more »
My start up company involves animal training and education. I registered as an LLC initially, but recently other business owners have been recommending that I switch to an S Corp. I was told that I would be better protected. Could you please define the differences between the two, pros and cons,... Read more »
answered on Mar 3, 2023
For your purposes, LLC is easier and provides the same advantages, if not more, than an S Corp.
Here is what an AI robot says (I do not agree with No.1 under "disadvantages." )
Advantages and disadvantages of LLC over an S Corp.
Limited Liability Companies (LLCs)... Read more »
I have decided not to ask for expenses from the defendant and would like to close case instead.
Hi gurus I’m wondering if I can sue an impact window company that has ruined my house due to coarse installation methods and worker negligence. The impact windows themselves are also starting to loose gas and change color. Please let me know if I have a case. Thank you.
answered on Feb 4, 2023
It is impossible to say whether you have a case without reviewing your contract and warranties. You likely need to follow warranty instructions.
I want to make sure that I my relationship with a contractor is terminated when they cash my check
answered on Jan 31, 2023
Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »
The Quit Claim Deed has been recorded
answered on Jan 26, 2023
Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.
Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »
answered on Jan 25, 2023
When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.
Here, it sounds like you purchased and took possession of the... Read more »
A company sent me someone’s homeowners insurance paperwork through airdrop. I work in the building next to them. It has the homeowner’s name’s and addresses on the first page. It’s four pages worth of information
answered on Dec 21, 2022
A normal procedure for someone who was an unintended recipient of information is to contact the sender so they can resend it to the correct person, and to destroy the information received. Best regards.
She is fighting because I won't give her half the insurance repair money from a fire. Ins policy states that money only goes for repairs concerning the damage done by fire.
answered on Dec 15, 2022
Buying someone out means you pay that person a fair market value (FMV) of the property today minus your half of the ownership. So that if today's FMV is $500K and you own half of it, you end up paying your sister $250K. Your sister would have to use the proceeds of $250K to pay off her share... Read more »
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... Read more »
What is a quit claim deed?
answered on Dec 8, 2022
A quitclaim deed is a legal instrument which transfers title to real property. It is typically utilized in transactions between family members or if you'd like to transfer your property into a trust. These types of transactions do not have financing. If your property is currently financed,... Read more »
Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done
answered on Dec 3, 2022
Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... Read more »
I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.
answered on Dec 3, 2022
It depends if the home has a homestead exemption, and what type of creditor. Only a debt related to the home (i.e., mortgage or a contractor fixing your roof) may be placed as a lien against a homestead property. During a bankruptcy any junior lien to the first mortgage will be wiped out unless... Read more »
does grantor name have to match exactly as legal id
answered on Dec 1, 2022
Yes, preparer's name at the top left is a requirement. Not exactly sure what you are trying to compare but legal ID is a number. Grantor's name must be the actual full name of the person or entity, which should match the name of the grantee from the immediately preceding deed. And yes,... Read more »
is the name of the prepairer required on a deed in florida
answered on Nov 30, 2022
Improper deed will become a problem at the time of sale or whenever someone comes along challenging ownership. It should be corrected as soon as possible.
that prevents me from doing this?
answered on Nov 29, 2022
I would contact your VA lender to ask this question. Typically, mortgage loans trigger a due on clause (payable at once) if there is a change in ownership because it is a material change. However, many lenders have a form now to request to add or amend owners by quitclaim deed.
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