my ex signed a paper, owing me $6000.00 in 2009 and payable in 2014. She kept saying she could not pay until the house was sold. In 2016 I sent here an e-mail that the money was overdue and I would charge her interest.
Now that house got sold for $320.000.00 and I refuse to cancel the lien... Read more »
It depends on the type of lien. If it was a judgment lien it is likely still valid but a lawyer would need to review the lien. Anyone can sue anyone else in the US. The question is whether or not she can win. You need to address this immediately to preserve any rights you have and to avoid...Read more »
I'm looking into micro hard lending for smaller condo hotel units as no one finances them and they must be purchased w cash. They will only lend 100k or more which is more than the cost of many units. If I required 50% down this would secure the loan adequately. Are these units treated any... Read more »
You should hire a real estate lawyer, preferably one with condo-tel experience, to review the condominium documents because these types of condominiums a have their own special headaches other than foreclosure and a lot is affected by the Declaration of Condominium and other documents. There is a...Read more »
The HOA is not likely to approve any variance but it never hurts to ask. Sometimes the board of directors are not aware they can, but are not required to, grant a variance. If the roof is drastically different than the colors that are allowed the board of directors cannot grant a variance because...Read more »
My husband is a volunteer for our home owners association, he's the President. The association was selling vacant property and there was a company that wanted to purchase it. They agreed on a price, however, at the closing, the realtor had added $500 to her commission and my husband would... Read more »
You need to contact a real estate litigator. There are real estate attorneys who do closings and other transactional business, real estate litigators who do court cases and real estate attorneys who do both. Both is preferable. There are some pieces of information missing from this so it's...Read more »
At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »
This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA...Read more »
The HOA can contract for bulk cable services and each owner is billed their share of the expense. Usually these contracts have an opt-out for those owners who do not want to use the services. You would need to get more information and take that and a copy of your HOA documents to a HOA lawyer to...Read more »
You have a case for trespass and for damages for the value of the lumber. The issue of your property being landlocked is probably not important to the case other than to provide evidence the neighbor was the one who had access to the property.
My daughter is looking to rent a house in FL. During a chat with the person, the story changed a little. He indicated that the security deposit was going to be held by his attorney, then changed his mind when pressed for the attorney name. He has now provided a number and a name of a person... Read more »
The story is suspicious because Florida law requires landlords to keep deposits in a separate interest bearing account. As a lawyer I would not be willing to hold a client's security deposit in my trust account, which does not accrue interest.
It depends on if you own the lot your mobile home sits on or if you rent the lot as well as the language in any documents governing the mobile home park and your lease, if the lot is rented. Generally, if you rent the lot the landlord can evict you as well as your daughter for violations of the...Read more »
1981 record plat subdivision. 41 one acre lots. Some folks own multiple lots. HOA created 2004 and is voluntary with no lien or assessment authority. Approx. 25% of property owners do not claim membership in the HOA. Since creation in 2004 the HOA has been claiming membership runs with the land,... Read more »
An attorney would need to review the plat, the HOA documents and any documents any owners may have executed to purchase the lots or possibly consent to the HOA. Back in the 1970s-80s an "agreement for deed" was popular where language included in a deed committed owners to what was...Read more »
My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »
If you referring to a HOA or condominium (COA) sending you an invoice for assessments, the answer is no, you may consent in writing to notices and invoices being sent by email, but you do not have to consent. New laws went into effect July 1, 2021 which now require associations to send a 30-day...Read more »
We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?
You should consult with a real estate attorney in person to review the offer and the documents provided by Offerpad. Real estate transactions should never be attempted without a lawyer because of all the potential pitfalls.
We bought our property knowing boats were allowed without limitations. We now own a boat and the HOA wants to change the rules. Shouldn't "grandfathering" be allowed so that the rule change doesn't damage owners who already have a boat on property?
Grandfathering does not apply to movable objects. HOA documents generally allow the board of directors to adopt "Rules and Regulations" with a board member vote. Generally, the Declaration of Covenants, Conditions and Restrictions require a membership vote, but not always. Whether or...Read more »
It can be up to five years. It depends on if the HOA is filing suit for specific performance (a court order forcing you to comply) or breach of contract (money damages). It also depends on some other factors, but the board has five years from the date they knew or should have known (which can be...Read more »
I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.
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