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Currently selling my home. The title search indicates I only have contract intrest and fee interest is held by original owners heirs (original owner has oassed away since I acquired the property)
I’ve owned this property for 20+ yrs and made mortgage payments so I’m unclear how... View More
answered on Nov 21, 2018
It's unclear what you are asking. When you buy a home you get a deed at closing and own the home; the person lending money merely has a mortgage (lien) on the property, even if it is seller financed.
If somehow you did this not using an attorney and not a formal closing, it's... View More
answered on Nov 18, 2018
File a claim for.....? You call your insurance and say you got in an accident and they fix your car. With no injuries that would be your only "claim"
answered on Nov 12, 2018
You would need to ask your realtor as documents are offered to realtors via their membership to the local MLS. You can try Google but that is likely an outdated version and there multiple versions such as the "regular" version and "as-is" version; as well as various addendums you may need.
priced at $532,500. Conventional Loan with 90% financing. He has no appraisal contingency. He is putting down $20,000 in security deposits. If appraisal comes in below sales price, will he be able to walk away (if he so chooses) and be refunded his deposits?
Thank you.
Interested Party
answered on Nov 12, 2018
You would need an attorney to review your contract, which you (or your seller if an agent) should have representing you in a sale anyway. If this is the FARBAR contract then possibly yes, if the appraisal of the property is not sufficient to support the loan amount then Buyer may be able to walk... View More
He has fenced off his parking area and is storing vehicles. Now he has a easement to get in the gate. I don't mind that and I gave him the far parking spot. He originally used it as overflow from his towing bus but now is trying to run it as his main shop. It doesn't meet any of as rare... View More
answered on Nov 5, 2018
But he also cannot control where the public parks. If the public chooses to park in your lot to get to his business, that is on them and not the business owner. That would be like parking at Publix is full so you park next door at the drug store; the drug store can't hold Publix legally... View More
We were told that the seller moved abroad and there was nothing we can do. We have now got to try and pay over $6,000 for a completely new system. The septic guy asks if we have a white shed in the back , I say yes how does he know this, the seller covered up a hole in the tank with a piece of... View More
answered on Nov 2, 2018
This is why you hire an attorney when buying or selling real estate; unfortunately, FL is one of the states that does not require an attorney to close. If sellers moved out of the country you can sue them all you want but likely have a useless piece of paper that will cost more than $6,000 to sue... View More
Will good faith payment of a portion of fees owed protect the new owners till damage to home is repaired and property sold? Property has value of $115,000. Lien amount $2500. Do we have no rights?
Respectfully,
answered on Oct 31, 2018
HOA liens are statutory rights in Florida; see 720.3085. Generally, an HOA will not take less than owed, only payment in full will prevent the foreclosure. And the lien will only grow as time goes on and attorney's fees build at hundreds of dollars per hour. $2500 is a relatively small... View More
I evicted a tenant, was awarded monetary judgment by court, placed lien on home he owned w/estranged spouse. SunTrust foreclosed on home, did not notify me of payout, and ex-tenant has received funds while my lien was not honored. Volusia County, Florida is venue. What recourse do I have other than... View More
answered on Oct 31, 2018
As a junior lien the foreclosure by the bank wiped out your junior lien; that is how it works. But if there was surplus any junior liens get paid before the ex-owner IF you made a timely claim to the court within 60 days. If not you waived your rights sorry to say. You still have a money... View More
What Is the number of this FLA Statues?
answered on Oct 22, 2018
There is no such thing as a "HOA condominium" they are 2 completely separate legal entities; and condos are governed by 718 in the statutes, and HOAs by 720. There are no rental minimums in the statutes, if stated in the association governing docs you agreed to that when purchasing.
Has happened. I had the opinion and documentation from 2 attorneys that the judgement was dismissed prior to closing and no further action was required. The title company insisted on paying the collection firm they found that I had never heard of 28k of my (the sellers) Money.
answered on Oct 22, 2018
The title company has insurance if they screwed up. Time to lawyer up.
My HOA has a policy that allows them to tow a vehicle that is left parked in the street overnight. Last night, I forgot to move my car and it was towed without notification or warning. Now I have to pay $178 to recover it. Someone told me they can't do that if it's not a gated community,... View More
answered on Oct 17, 2018
Gated has nothing to do with the road being private or public. You would need to pull the HOA docs and plat map and see if they say. Likely if the policy is there then they own the roads as one cannot tow from a public road.
I have been leaving in my apartment for more that 10 years. I agreed with the owner to pay maintenance and assessments. The owners don't want the property and finally the court set NON-Jury Trial. I have all the documents that prove that I paid everything for this unit. I want to know my... View More
answered on Oct 13, 2018
Anyone can bid it is a public auction; or if seller agrees you can buy via a short sale now. You should hire a lawyer before you do anything to make sure there are no other liens on it and help you with the process.
answered on Oct 13, 2018
Generally yes, no one is going to be responsible for money, collect checks, and write new checks for free. Time is money.
answered on Oct 13, 2018
Yes, the covenants run with the land. As long as the land is there assessments are due and unpaid assessments can become a lien
Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.
answered on Oct 17, 2018
You could try to sue the other driver personally, but if they have no money or assets to take, you are likely out of luck. You cannot get blood from a stone. That is why carrying UM coverage and adequate coverage is so important. The other problem is you were technically driving uninsured... View More
My mother is being sued by her mortgage company and facing foreclosure. The defendants listed are my mother, her unknown spouse, unknown tenant 1 and unknown tenant 2. When the process server arrived, I advised them that my mother wasn't home at the moment and that I was her daughter. She... View More
answered on Oct 8, 2018
Very likely yes as you told them you lived there, and since the bank has to foreclose all interests of everyone who lives there, your name will now be in the lawsuit. It wont have any financial penalty against you, but your name will now appear in a foreclosure in court records. It would have... View More
On a Far bar AS IS realtor sales contract
The inspection period ran out and just before it did the buyer's realtor emailed over an addendum with a lower offer claiming "due to inspection issues" , the problem I have is that they never inspected the house and are lying... View More
answered on Oct 8, 2018
That is what the contract says, " If Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates... View More
No one will refinance and it is balloon mortgage. No one will buy it for the amount owed. If we sold it for current market value, we would still owe money. It is causing extreme financial stress. The owner with me is my ex-husband.
answered on Oct 5, 2018
You can short sale it or try to deed in lieu; the bank takes title back and waives the debt. It will be tough to short sale an empty plot though as land sometimes is already a tough sale these days. You should contact a FL attorney
in 6/16 and send me a closing statement May 2018 requesting repayment of the money they spent on insurance?
answered on Oct 4, 2018
Your facts aren't clear. Your loan matured in 2015 (assume that's what 2105 meant)? When was the insurance they are claimed for; what year? If the taxes were for years before 2015 then you may still owe it. State 95.281(c) does address taxes in that "For all obligations,... View More
My daughter had signed a contract to buy a house with me as a co-signer, however do to family medical issues.I was not able to co-sign. Her real state agent, was telling her "that she needed to pay for a home inspection in order to terminate the contract. even after my daughter had already... View More
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