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Questions Answered by Jonathan A. Klurfeld
1 Answer | Asked in Real Estate Law for Florida on
Q: Can I be held responsible for mortgage obtained on real estate I legally do not own?

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... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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 possible...
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3 Answers | Asked in Car Accidents for Florida on
Q: I can still file a claim even if no one was hurt, right?
Jonathan A. Klurfeld
Jonathan A. Klurfeld 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"

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1 Answer | Asked in Real Estate Law for Florida on
Q: Where can I get the most recent FAR/BAR PDF.?
Jonathan A. Klurfeld
Jonathan A. Klurfeld 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 You can try Google but that is likely an outdated version and there multiple versions such as the "regular" version and "as-is" version; as well as various addendums you may need.

2 Answers | Asked in Real Estate Law for Florida on
Q: Florida Buyer has a pre-approval letter for $600,000. Mortgage of $540,000. Buyer is under contract for a house

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.... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Business next to mine is using my parking area and making it where I can't get in or out. What do I do to stop it

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... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: We just purchased a house and the septic has failed, our realtor did not get a disclosure statement from the sellers.

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... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: HOA rights when property is inherited. Do they have the right to forclose if their lien has been filed?

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,

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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 amount,... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Property sold, lien not honored. What recourse do I have?

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... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a home owner in a HOA condominium who rents his condo have to rent it for a minimum of six months per FLA Statute?

What Is the number of this FLA Statues?

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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.

2 Answers | Asked in Real Estate Law for Florida on
Q: The title company paid 28k to a collection firm to pay off a judgement that had been dismissed 120 days nothing

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.

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Oct 22, 2018

The title company has insurance if they screwed up. Time to lawyer up.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can HOA legally tow my car when parked in the street in a non-gated community?

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, as they... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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.

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1 Answer | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Florida on
Q: Can a Tenant leaving for 10 years in a property in Foreclosure paying association and assessments buy the property?

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 chances to... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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.

1 Answer | Asked in Real Estate Law for Florida on
Q: is there a charge to hold monies in an escrow account?
Jonathan A. Klurfeld
Jonathan A. Klurfeld 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.

2 Answers | Asked in Real Estate Law for Florida on
Q: Can a homeowners association foreclose on property that has been demolished and declared uninhabitable by the city?
Jonathan A. Klurfeld
Jonathan A. Klurfeld 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

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was hit by an uninsured driver. My car is to totalled and I only have liability coverage from my insurance. What other

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.

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: What happens if I am served as the "Unknown Tenant 1" in a lawsuit against the homeowner?

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 asked if... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: On a Far bar AS IS realtor sales contract can a buyer use the contingency to just back out without inspecting

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 saying they did just... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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 this... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: We are in an upside down situation with a land plot mortgage in Florida. What can we do without hurting our credit?

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.

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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

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2 Answers | Asked in Real Estate Law for Florida on
Q: I had a 10 Year HELOC that matured in Dec 2105 with a zero balance. Can the servicer purchase property insurance in

in 6/16 and send me a closing statement May 2018 requesting repayment of the money they spent on insurance?

Jonathan A. Klurfeld
Jonathan A. Klurfeld 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, including taxes, paid... Read more »

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2 Answers | Asked in Constitutional Law, Contracts and Real Estate Law for Florida on
Q: Does the seller get to keep deposit from the buyer. If buy if denied the loan for the house..

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 given... Read more »

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Sep 29, 2018

And how would a Florida lawyer know what PA law is?

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