Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Seril L Grossfeld
2 Answers | Asked in Real Estate Law for Florida on
Q: I live in Florida and have been approved to purchase home in GA we are approaching the closing table in 14 days

Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 19, 2020

I would agree you would need an attorney, preferably an attorney to review what your contract says about the buyer not closing. Not having reviewed your contract but being familiar with most language in real estate contracts you will probably lose your deposit, but check with an attorney who has... View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: Mother has willed house to myself and sister and proceeds to be split 50/50 upon sale of said property

Property is located in a gated country club community There is no longer a membership at the country club just as a resident in the community Since my sister and I live out of state and are not affiliated with the community in anyway Once we take title to the property do we have to abide by any... View More

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

Taking title to the property is subject to complying with the rules and regulations of the

Homeowners Association.

3 Answers | Asked in Real Estate Law for Florida on
Q: my purchase agreement indicates seller pay up to 3% of buyer's closing cost. Is that 3% of purchase price?

I am the seller. in the buyer's purchase agreement it indicates seller pay up to 3% of buyer's closing cost including prepaid. Is that 3% of purchase price? my agent told me at time of signing its 3% of closing cost.

now its closing soon the title company calculates 3% of purchase... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 5, 2020

It depends on the language in the contract not what your real estate agent told you. 3% of the buyer's closing cost is probably are fairly small amount, most of the time these credits relate to purchase price. If you don't already have an attorney you should probably take your contract... View More

View More Answers

3 Answers | Asked in Probate for Florida on
Q: My daughter's grandfather gave me and my boyfriend a truck a month before he died how do I go about getting the truck

He did sign it over to my boyfriend we efiled the title and the officers said that they couldn't use the copy the dmv gave us He died on the 8th of February when the title was signed on the 15th of January And now the two older children will not let use take the truck off the property it is... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 4, 2020

If it is registered in your boyfriend's name, did he apply for a title transfer when it was registered. If so get a duplicate title and then tell the police you have the title and you want to get the property titled to your boyfriend. Other than that you may have to start an action claiming... View More

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: i am the executor of my mothers estate. I am trying to file the needed documents on my own but I have a few questions.
Seril L Grossfeld
Seril L Grossfeld
answered on Mar 3, 2020

Well first of all if a formal administration is needed where you would be the personal representative, by law, you must have an attorney to represent you. If a formal administration is not needed you may be able to administer the estate without an attorney. The best solution would be to have a... View More

View More Answers

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for Florida on
Q: In Florida can you get a mortgage in one name and have joint ownership on the deed?

We are not married.

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

Although this is possible, the lender would probably want both title holders to execute the mortgage, which agrees to the lien being on the property and only one of the owners signs the promissory note associated with the mortgage which is the agreement to pay the money secured by the mortgage lien.

1 Answer | Asked in Real Estate Law for Florida on
Q: Good Morning My brother inherited a home from our late mother who had a 50% ownership in the property.

For him to be 100% owner I secured a line of credit on my home to pay off the other party on his behalf. Now a few years later he is about to get married. I never added my name to the home even though the loan was taken for that sole purpose. He has been paying the monthly loan.

What can I... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 27, 2020

You have always been at risk on this loan since it is on your property, not his, and you are the only person obligated to pay the loan. Failure to pay will result in a foreclosure of your home, not his. You should see a real estate attorney as to what you need to do to secure a mortgage on his... View More

3 Answers | Asked in Probate for Florida on
Q: Can a mortgage company require the sale of a property go through PROBATE court when there is a legal Quick Claim Deed ?
Seril L Grossfeld
Seril L Grossfeld
answered on Feb 26, 2020

Is the mortgage a reverse mortgage? If so if the heirs don't have the ability to pay the mortgage balance in full the property has to be sold to satisfy the mortgage. Trying to change the title will not prevent this.

View More Answers

2 Answers | Asked in Civil Rights, Estate Planning, Real Estate Law and Probate for Florida on
Q: What is the process of inheriting someones house after they pass if there is no will in place?

Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 26, 2020

There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: We recently gave notice to our landlords that we have blackmold. We want to break the lease without repercussions

We have Hyphae and Stachybotrys, in the air and the HVAC unit. We also had/have termites in the master bedroom. We want to break the lease but they are blaming the mold on us when it was not us, and we have some photo proof as well. We would preferably like to break the lease within the next... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 25, 2020

83.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant...
View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a home jointly 50/50 with my boyfriend. We paid cash. Can he now refuse to sell or or buy me out?

We have split all remodeling and maintenance costs 50/50. The relationship is no longer working and I want to sell the house to get my money back so I can move on. Can he refuse to sell the house. If he wants to continue living there, can I require that he pay me for my half or am I just out the... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 21, 2020

You will need to file a partition action to force the sale of the home. If you move out even though you are now a 50% owner if he is solely responsible for maintaining the home, paying the taxes etc., when it is sold, or if the partition action goes to trial he may be entitled to more than a 50%... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband and I married after he purchased the house I moved into. He has a daughter from a prior marriage.

WE refinanced the house after we were married Nd I had to sign all the paperwork as spouse. My husbands health is failing 20 yrs later, does his daughter have a claim to our property?

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 21, 2020

If your name is not on the title to the property, his daughter would have an interest in the property. Signing a mortgage does not put you on the title. If he passes away under Florida Law you can file an affidavit claiming a half interest in the homestead real property and his daughter would own... View More

3 Answers | Asked in Probate for Florida on
Q: Can I file probate for my mom in Florida if I live in California? She has belongings here in California in storage

My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 20, 2020

Probate should be filed in County where your mother was domiciled or county where her assets are located.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: Can someone remove a former partner from a title without the other person present when there is a failed relationship?

A woman bought a home in a Florida resident owned 55+ manufactured home community. The boyfriend (partner) moves in with her and wants to have voting rights in the community. In order to do, he must be on the property title. She adds him. The relationship has now gone sour to the point she is... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 19, 2020

Unfortunately he would have to sign a quit claim deed to be removed. The other option is to file a legal action such as a partition, which unfortunately can be very expensive. When buying property with others you should have agreements which cover what happens when the relationship fails or one... View More

1 Answer | Asked in Probate for Florida on
Q: Florida vacant land deed in husband and first wife names and house built on it. They divorce and second wife moves in.

Both husband and second wife are deceased. No new deed was recorded after house built or divorce. Mortgage in deceased husband and second wife. Who has legal right to the real property; the ex-wife and children or the second wife and her children?

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 18, 2020

There would need to be a probate proceeding, maybe 2, for the last person that passed away. The divorce decree might indicate who has title and/or possession to the house and the property. But there would have to be a probate to determine who has the right to title and possession of the property,... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My son and his girl friend are buying a townhome. What will happen if they break up before marriage, etc?

Can the girl friend write a letter after closing stating she will forgo my sons responsibility for the mortgage if they break up?

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 18, 2020

If they purchase the house with both of them approved for the financing, it will be solely up to the bank to agree to remove one from the mortgage obligation, in these situations the house would need to be refinanced to be solely in the name of the person retaining title or the house would need to... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Florida on
Q: What size of "holes" in walls are considered normal wear & tear? Landlord claims we damaged/ruined walls w/ sloppy work

We used anchors to hang TVs, pictures etc. and we did our absolute best to try and patch up and paint over however each and every patch/repaint location was marked by our landlord for as he puts it "repairing all the walls that were damaged with the sloppy patching you did throughout the... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 18, 2020

Well we don't have any statutory authority of what actually defines normal wear and tear. I would think holes in the wall would not be normal wear and tear but that depends on the overall condition and what your landlord has to do to cover up the attempted repairing of the holes. For future... View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: If a deed has two names on it and one name is removed via quick claim does the other lose their homestead exemption

My son and I bought two properties and both names were put on both deeds. We were told by the title company it was the best way to go. Anyway my son is selling his so I want to remove his name from my deed. He has agreed to this.

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

If it is your homestead and you did not report changes you should not lose your homestead exemption. Usually when we do a quit claim deed such as this we indicate that whoever retains title via the quit claim deed reaffirms that it is still that person's homestead.

Quit claim deeds...
View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Am I liable for supposed water damage on a rental home if we never had any issues and never left windows open?

We recently moved out of a rental home and our landlord is looking for reasons not to give our security deposit back. We have been out for two weeks, and he sent photos of “water damage” That a “water damage specialist found”. He said the water marks show that water came from the window... View More

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

This sounds like some sort of structural problem. If landlord does not want to give back deposit over this you will need to file small claims action and will probably need an expert to give an opinion on whether the damage was caused by you or some sort of defect in the building itself. Now the... View More

View More Answers

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Been renting for 7 years. Started as rent to own with rent credit. Month to month for 6 yrs landlord now wants me to

Buy or move so he can sell. I cant afford to buy and am struggling to find a suitable place for my family and I. He posted a letter demanding I do not pay feb rent and move out. I have always paid by 15th but tuesday was served papers thay he is evicting me for non payment. What are my rights... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 13, 2020

Rent to own arrangments are not really used in this day and age since mortgage financing is readily available and when they are used they are usually not memorialized correctly. Normally you only have a certain period of time to exercise this option and to be enforceable the terms must be in... View More

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.