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Questions Answered by Seril L Grossfeld
1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I just paid off my mortgage. What documents I should receive in addition to letter from mortgage holder.
Seril L Grossfeld
Seril L Grossfeld answered on Jan 27, 2020

Most important satisfaction of mortgage which must be recorded on Public Records where your home is located. If your mortgage holder does this for you make sure it was recorded in the correct county, it would not be the first time they sent a satisfaction to the wrong county to be recorded. You... Read more »

1 Answer | Asked in Civil Litigation and Probate for Florida on
Q: What can I do if my fathers girlfriend is selling items from his store without the courts deciding who is administrator
Seril L Grossfeld
Seril L Grossfeld answered on Jan 27, 2020

If its your father's estate you are presumably an interested person. Go to a probate attorney and petition to open the estate, get appointed personal representative and ask to either continue or close the business, then you can try to have the girlfriend account for what was sold and turnover... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 23, 2020

When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves although... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I signed a lease and now the home was sold and I have to move out in a year, I was told the home would not be sold

I recently rented a home that my realtor said was owned by a company and they would not sell it and we could stay for a long time. Two days after signing the lease and we already started the move I got an email from a company telling us the home was sold to their client. A few days later they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 23, 2020

The real estate agent not the owner told you it would not be sold first of all. Second the lease represent the final agreement between the parties and unless it provided for long term rental you only have a one year lease and that is it, the seller always has an option to sell. Apparently they... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do we remove one child from a deed and add another in Orange County, Florida?

My husband and I bought a small house in 2011 for our daughter to live in while attending college. We had her name added to the deed. She has since moved on and purchased her own home and our son now lives in the house. We would like to remove our daughter’s name from the deed and replace it... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 22, 2020

You can do this via a quit claim deed. To make sure it gets done correctly you should go to a real estate transactional attorney. People try to do this themselves to avoid paying an attorney a couple of hundred dollars and end up making mistakes that cost thousands to fix.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: What happens to an FHA loan on a property if the HOA forecloses through a judicial foreclosure and the property sells.

a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban development. In... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 17, 2020

The FHA loan does not go away People buy condos at auction of the HOA lien foreclosure and then they are surprised when their to good to be true purchase price is too good to be true since there is still a purchase money mortgage that needs to be paid.

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3 Answers | Asked in Landlord - Tenant and Probate for Florida on
Q: I own my parent's home in Florida along with my two siblings. How do we split the proceeds?

I have lived in the home since 2008, 7 years before my mother died. Since her death, I have continued to live here and covered all of the house expenses. Am I entitled to any reimbursement for those expenses (insurance, property taxes, repairs & payments on a HELOC my mother took out) when we split... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 16, 2020

I don't necessarily agree totally with the other answers. If you got to live in the house and the other owners did not you would be responsible for the necessary recurring expenses to maintain the house, just like you would have to pay rent for use of premises. Any pay down of the principal of... Read more »

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can I transfer property on quit claim deed to my mother to avoid splitting property value on divorce?

Or will my wife be able to still claim that property even though I transfer all authority to my mother.

Thank you!

Seril L Grossfeld
Seril L Grossfeld answered on Jan 16, 2020

Probably will not get you points with the Judge overseeing the dissolution of marriage proceeding either. The Judge might consider this as bad faith and this is the person who has to decide on how the marital assets should be equitably divided.

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1 Answer | Asked in Real Estate Law for Florida on
Q: My neighbors tree is leaning over my fence and things are falling into my Pool who is liable to trim that

My neighbors tree is leaning over my fence debris is falling into my pool who is liable to trim that

Seril L Grossfeld
Seril L Grossfeld answered on Jan 15, 2020

In Florida you are allowed to trim foliage originating in your neighbor's yard and growing over your yard. Have you talked to your neighbor about working this out? You may want to offer to split the cost of having the tree professionally pruned particularly if the overhanging portion is due to... Read more »

1 Answer | Asked in Consumer Law and Probate for Florida on
Q: How long does it normally take to receive the status of administrator in Florida when spouse died without leaving a will

My husband died without leaving a will or power of attorney to me so I have to go to the court-house to petition for administrator of his estate. His assets are around $20k (2 cars and a bike and some money in the bank, about $2k). The cars are paid off as well as the bike. One car is used by me. I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 14, 2020

For these assets you may not need to be appointed personal representative. You may be able to transfer title to the motor vehicles as exempt personal property because you are his wife with just his death certificate, you should check with your local motor vehicle office, since this may depend on... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Me and 2 friends own a parcel of land in Florida. My 2 friends want to transfer ownership to 2 other friends.

We are planning on using a quit claim deed. I am retaining my ownership.

1. Do I need to list myself as granter and grantee for my portion?

2. Can I list myself as the preparer?

3. Everything I have read says to list the grantors names the same as they were listed on the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 14, 2020

The answer to one and two is yes. Technically you should have the spouses of the married partners join in the deed for transfer since under Florida law they have an equitable interest in the property. There may be other ways to get around this, but the partners who are married should be referred... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: What happens when a remainderman in a property refuses to pay his share of the expenses that are their responsibility?

My husband and I are life tenants in a property with 4 remaindermen, him being one of them. The property requires work that will outlive our lifetime and therefore some of the financial responsibility falls on the remainderman. They do not want to pay, what can be done?

Seril L Grossfeld
Seril L Grossfeld answered on Jan 9, 2020

There is possible legal action you can take such as contribution, but it is likely that the cost of this would make it something you would want to do. The unwillingness to contribute is a sure sign of future problems, maybe you all should get together and further define each persons ownership... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a added owner change on mobile home title overide a living trust agreement done years earlier?

Wife was added as a owner to her fathers mobile home title 4 yrs ago. "Or" between names. He died recently. He had set up a living trust years earlier naming someone else as beneficiary. Who is the legal owner of the property?

Seril L Grossfeld
Seril L Grossfeld answered on Jan 8, 2020

This is not a real property question since mobile homes are titled as motor vehicles, which are personal property and have different rules regarding title to the same. Generally and without seeing the trust, if an asset was not transferred into the trust, the property remains titled to whosoevers... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Should I move money from our joint account to protect it?

My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 7, 2020

In addition to agreeing with the first answer since it is obvious you and your brother have many misconceptions about elder law planning you should consult an attorney in your arena that practices in elder law so that attorney can review the documents currently in place and make suggestions.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can my landlord charge me rent for the months remaining on my lease?

I'm moving out of Florida for a new job. I don't see anything on the lease agreement about having to pay for the months left over on the lease. We turned a 30 day notice in and told them why. Now a week later they are saying we have to pay for the remaining months because the rent is too high and... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 6, 2020

This would be governed by the terms of the lease. If there are no early termination provisions and the lease says you just need to give 30 day notice then that's all you need to do. Probably the first landlord to say they could not re rent since they are charging you too much. They still have... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My ex husband is in foreclose on a property that I am on the deed for. Do I have any legal interest in the property?

The property has been in foreclosure since 2016 (also the time our marriage was dissolved). He remarried on 11/30/2019, will his new wife acquire the property if I am on the deed?

Seril L Grossfeld
Seril L Grossfeld answered on Jan 6, 2020

If your name is still on the deed you have an interest in the property and should be named as a Defendant in the foreclosure proceeding, since the purpose of a foreclosure is to foreclose on the interest of any title holders or lienholders on the property. The bigger question for you may be... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: in Florida, can a landlord use an evicted tenant's security deposit for unpaid rent?

no written lease exists. month-to-month for several months now. the only existing legal documentation pertaining to my security deposit is my receipt proving I paid it.

Seril L Grossfeld
Seril L Grossfeld answered on Jan 6, 2020

Technically no if you have proof that it was to be a security deposit. That does not mean it doesn't happen and your remedy would be to go to small claims court and convince the judge it was improperly credited to rent. You might get your security deposit back but you could end up with a judgment... Read more »

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3 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: While I was married, my mother sent money for me to buy an apt and manage it for her in Florida

My Wife knows it is an apt that belongs to my mother but, the apt is registered under my name. If I get divorced, do I have to give her 50% ( FL law )of the apt ? What are my options to fight her ( Wife ) on it ?

TIA

Seril L Grossfeld
Seril L Grossfeld answered on Jan 3, 2020

You should consult with a real estate attorney to change the title to the property to better reflect that it is your mother's particularly if she is living there since if she is and it is in your name she is not getting the homestead exemption.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Need some clarification on procedures in Florida. Mother died 15 months ago. Older sibling was POA.

I was told by care facility Mother was declared incompetent and could not make decisions. I received a copy of her will January last year, but not copy of Trust instrument. Contents of Mother's house was disbursed, and to date, older sibling has not provided any accounting of bank statements,... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 2, 2020

POA died with your mother. Nothing should have been distributed if no estate has been opened. You can check website of your court clerk to see whether an estate has been opened by your sibling. If an estate has been opened your attorney should have received all the documentation you have been... Read more »

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2 Answers | Asked in Criminal Law, Estate Planning, Foreclosure and Immigration Law for Florida on
Q: How do I go about getting some pro Bono help with an illegal executor fraud And the omitting of a will

Their surplus funds $33,000 vehicles $28000 and a $25000 inheritance to be accounted for. I've been in the dark and told that I was not allowed to find out anything and so probate was over and we have never talked to this guy nobody knows him in now we're homeless because the house got foreclosed... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 31, 2019

After the fact is the wrong time to start this. First, at least in Florida a non relative cannot be a personal representative if they live outside the state. Second a probate proceeding is a court proceeding and any irregularities should have been brought to the Judge's attention that is why the... Read more »

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