Why are you asking this in Real Estate Law for Florida? You should be asking in Justia > Ask a Lawyer > Georgia > Real Estate Law. The laws in each state can be different. But if you knew about the problems, you may well be liable.
A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... Read more »
60 day notice was not met on a year long lease that will auto-renew and become monthly. Once the lease becomes monthly does required notice become 15 days as a normal monthly lease would or remain 60 days?
If you referring to a HOA or condominium (COA) sending you an invoice for assessments, the answer is no, you may consent in writing to notices and invoices being sent by email, but you do not have to consent. New laws went into effect July 1, 2021 which now require associations to send a 30-day...Read more »
It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney...Read more »
my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?
No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.
You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is...Read more »
My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust...Read more »
If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds....Read more »
We went under contract on a home in FL on 5/17 that was undergoing a roof install. At time of contract, the roof was off the home. A closing date of 6/24 was set, and we as buyers fulfilled all contractual agreements and were ready to close. On 6/24, the sellers requested an extension until 7/16... Read more »
I am 3quarters ownership of a property. One of the other owners has not helped or offered to pay the up keep, taxes or the insurance. It has been 9 years now. Can we sue him for abandoment? Or what can I do
You sue for partition. Usually the remedy is to sell the property and divide up the proceeds, giving you credit for the upkeep, taxes, and insurance you paid. If you want, you could buy the property at the sale.
Last month it's discovered that the easements require a 100' setback, not the 50' that shows up on the survey we were given by the seller which makes it impossible to build anything without a variance. Got the meeting for that, all is well, hearing set for mid Sep. Friday my... Read more »
We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?
The process and the offer may be absolutely legitimate, however, it is obvious you are unsure and need a lawyer to confirm. It is impossible for a lawyer to advise you without reviewing the proposed transaction. It will cost you a few hundred dollars to know.
THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?
Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.
It's "quitclaim", by the way; it means to surrender or...Read more »
I had my roof tarped. The roofers tarped my neighbor's side of the garage & were gone before we realized what was done. I live in a townhome. My neighbor & I assumed my roof claim w Citizens would be resolved quickly, however, I am now involved in a lawsuit. I've contacted the... Read more »
It is unclear what you mean about your "roof claim w Citizens", and by "I am now involved in a lawsuit". Has your neighbor sued you or not? It doesn't appear you would be liable, although the contractor probably would be.
We bought our property knowing boats were allowed without limitations. We now own a boat and the HOA wants to change the rules. Shouldn't "grandfathering" be allowed so that the rule change doesn't damage owners who already have a boat on property?
Grandfathering does not apply to movable objects. HOA documents generally allow the board of directors to adopt "Rules and Regulations" with a board member vote. Generally, the Declaration of Covenants, Conditions and Restrictions require a membership vote, but not always. Whether or...Read more »
the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?
I'm getting my brothers to sign over their interest ,to me, in a house we inherited in Tarpon Springs. I would like to use a quitclaim deed. Do their spouses need to sign? I paid them each part of what I owe. The rest to be paid at a later date. Can I include a lien for the amount owed in a... Read more »
You use a mortgage (not some other form of a "lien") to secure a promissory note. Yes, their spouses should sign. And since you are paying good money for this, you shouldn't accept a quitclaim deed; use a warranty deed. You and your brothers really should do this with the help of attorneys.
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