Yes, an ejectment action would be appropriate to remove the occupant. However, they may have an equitable claim for the amounts paid on the mortgage, assuming they paid some portion of the mortgage that they signed for. Please feel free to reach out for a free consultation.

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 »

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 »

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.

If you buy that real estate, your rights to access it may well be addressed in Florida Statute 704.01 (way of necessity). For further information, review the statute here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0704/Sections/0704.01.html

Consider suing her for "partition." You would ask the court to sell the fee simple (life estate plus remainder). The proceeds would be divided between the two of you.

You could bring an action for waste and include a request for an injunction that would prevent further waste by forcing the life tenant to make repairs, pay taxes, and otherwise keep the property in good order. A partition action may not always be available depending on how the life estate was... Read more »

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 »

1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to... Read more »

Jane Kim
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 »

Jane Kim
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 »

Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.

Whether he can sue you for some amount as compensation for the contributions he has made, and... Read more »

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 »

Jane Kim
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 »

Not under the current circumstances. You hold title as tenants in common. You would need to have a deed that shows you and your mother as joint tenants with right of survivorship.

You should take your lease to an attorney to determine who might be responsible for that sort of thing.

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 »

In order for the property to be considered part of the trust, known as corpus, the deed to the property must be in the name of the trust. In this case, it sounds like the settlor, the person who created the trust, had not transferred it to the trust and still owned it in her individual name.... Read more »

James L. Arrasmith
answered on Mar 4, 2023

The Florida Supreme Court is the highest court in the state and primarily handles appeals of cases from lower courts. The Court's jurisdiction does not typically extend to issues related to property titles or tax assessments, which are generally handled at the local level.

If you are... Read more »

No, you are not grandfathered because you voted against the amendment. The amendment itself would have to specify those would be grandfathered under the previous rule.