Lawyers, Answer Questions  & Get Points Log In
Florida Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a realtor says a home does not need flood insurance, but actually does after signing a contract, can we get out of it

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

Jane Kim
Jane Kim PRO label
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 »

2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

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.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: is name of preparer and 3x3 block.required on a florida deed

does grantor name have to match exactly as legal id

James Clifton
PREMIUM
James Clifton
answered on Dec 2, 2022

Deeds must meet the requirements that are outlined in Chapter 695.26, Florida Statute. The requirements include:

"Prepared by" statement (name and address of the "natural" person preparing the Deed)

Grantor(s) (Sellers-Party Giving Title) names legibly printed in...
Read more »

2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2022

Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: is name of preparer and 3x3 block.required on a florida deed

does grantor name have to match exactly as legal id

Jane Kim
Jane Kim PRO label
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 »

1 Answer | Asked in Real Estate Law for Florida on
Q: What are the requirements to execute with such formalities as are required by law in the US Virgin Islands?
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 1, 2022

Depending on what you are executing, real estate deed, Will, Power of Attorney, Trust, other contract ,etc., you will at least want to look up the statutes and or speak with an attorney that works in that area of law in that region of the world, generally, and this is very generally, it involves a... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: if a deed is filed in florida with only one witness and a notary. when is it deemed invalid and require a corrective dee

is the name of the prepairer required on a deed in florida

Jane Kim
Jane Kim PRO label
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.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Is it illegal for the Lawyer that closed on my house to just keep the past due tax money and did not pay the taxes.

This lawyer collected over 7 hundred dollars of tax money from both myself and the seller at the closing 15 July 2022 and as of 28 Nov. 2022 he still has not given the tax money to the Pinellas County government. Both my realtor and myself have tried for the past month to get him to pay the 2021... Read more »

James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

If you believe the lawyer is mishandling funds entrusted to him, contact the Florida Bar Association. It is helpful to have written documentation of your requests to the attorney to turn over the funds as well as any responses from the attorney.

1 Answer | Asked in Real Estate Law for Florida on
Q: if a quit claim deed in florida is invalid due to only one witness signing can the notary sign later as the second witne

deed is 8 years old but was filed recently

James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

If the notary saw the grantor sign the deed 8 years prior, the notary can then sign the deed at a later time as a witness. The witness's signature does not have to occur precisely at the same time as the grantor's signature. However, most notary blocks reference the grantor acknowledging... Read more »

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

You should read and thoroughly understand your financing documents. But let's assume that there's nothing in the financing documents that prohibits you from adding her. Adding someone to a deed or the title to a car, to whom you are not married might be one of the poorest decisions anyone... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a change in building ownership get me out of a lease

The lease I signed over a month ago for the upcoming tern of august 2023-july 2024 has the owners name at the time on it. However since then the ownership of the building has changed and it is no longer the owners that are on the lease I signed. I was wondering if this is a loophole i can use to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2022

No. The new buyer takes ownership and possession subject to your lease, and the previous owner has or will assign its rights to the new owner.

1 Answer | Asked in Real Estate Law for Florida on
Q: I am a realtor trying to find out when a property will go to the courts

I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property

Barbara Billiot Stage
Barbara Billiot Stage
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 »

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 15, 2022

You absolutely need an attorney to handle this for you. The contract and real estate law issues you are dealing with are fairly complicated. There is unfortunately no way to give you a direct answer or guide you through the process through here due to the issues involved. You should at least set up... Read more »

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

PLEASE DO NOT do this yourself. Hire an attorney.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an ex-girlfriend remove my name from original warranty deed W/O my knowing,perm, presence,& added hers,new owner
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2022

Initially hire an attorney to search the title. Then possibly examine possible causes of actions to cure the title if erroneous. You will need a FL attorney with experience litigating real property.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an x girlfriend remove my name from origwarranty deed with a quit claim w/o my knowledge or permission?

I bought home from old employer,all persons involved, notary,witness and preparer,I never signed anything or was present when this occurred

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2022

While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
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.

View More Answers

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.