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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Contracts for Florida on
Q: Hello, I have an approved proposal for a pool company that was signed in 2021.

Construction was set to begin a year or so later. Fast forward to now, construction is on Phase 2 , however, the company reached out and advise that prices has went up since we signed the contract and they now want to add an extra charge of 10k extra to our original price amount. Mind you we have... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 1, 2023

That depends on the terms of your contract, which we cannot review in this online forum. You would need to take the contract to a lawyer to review.

2 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 28, 2023

It can but you should see a real estate lawyer to make sure that type of deed is in your best interest. If not done correctly it can cause you more money and trouble than it's worth to save a few dollars. You should also check to make sure it would not accelerate your mortgage and the total... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 26, 2023

There is no law that would require a landlord to renew your lease as long as the landlord is not engaging in discriminatory behavior. It would be very difficult to prove discrimination even if you were in a protected class (race, color, creed, religion, sex, etc.) because your husband was involved... Read more »

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 27, 2023

I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: my father and I were both listed and signed mortgage loan agreement as manager members LLC. How did he removed me ?

both of our names were on loan agreement as managing members and both signed , some how my name has vanished and I've lost my 100k investment

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 25, 2023

Vanished from where? A lawyer would need to review the deed and your LLC documents to give you advice on this matter. There are not enough facts to even provide general advice.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 24, 2023

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: We are a condominium unit of 36 undivided units in Miami.

We are a condominium unit of 36 undivided units in Miami. We are currently 4 board members and one of the four holds the position of president. This president went crazy and does not talk to us. The administrator cam resigned on January 4 due to the discussions and today the president intends to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 20, 2023

You can remove him as an officer (president) by a majority vote of the board but he will still be a director. All business is conducted by a majority vote of the board. No director has more power than any other. A president just has more duties but not more authority.

1 Answer | Asked in Real Estate Law for Florida on
Q: Is there any legal action I can take for the situation described? Should I hire an abornist to have as evidence?

There is a huge tree that is about 5 feet away from my townhouse that I own. The tree is owned by the HOA. The tree is causing damage to my property but the HOA refuses to allow me to cut it down.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 16, 2023

If the tree is diseased then, yes, hire an arborist. If the tree is not diseased but causing damage to your property (actual not potential) then you would need to decide if it is worth litigating. You would need to engage in pre-suit mediation first.

1 Answer | Asked in Real Estate Law for Florida on
Q: My mother had a a house she purchased in the 1940’s. She died in 1969 of cancer and now my cousin has it.

The house is still there my mother owned because my cousin has it but my mother was on morphine and took sick to give it to my aunt and cousin but now my cousin who has my mother’s house will not even let me live in the house my mother owned even if it stays in her name. What can I do to gain... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 11, 2023

The time to challenge the deed has long passed but to be sure you would have to consult a real estate attorney and have evidence your mother was incapacitated and not aware of the consequences of what she was doing, which is unlikely given this happened more than 50 years ago.

You do not...
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1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Board of Directors Staggered Terms

Our association Bylaws call for staggered terms of Board members. 3 members with most votes get 3 year term, 2 members with with next most votes get 2 years and finally the 2 least votes serve one year term. My question is this.

Can an elected board member that received the least votes and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 5, 2023

That's impossible to answer without reading the Articles of Incorporation and the Bylaws. Generally, these provisions apply to initial terms and then directors serve three year terms following the next election so that the terms are always staggered. If you are not sure of the language in... Read more »

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I want to change the names on the title of a house to one LLC instead of multiple people

My husband and I currently own a home under our LLC with my parents who have their portion under their names. We use it for a short term rental. But I set up a new LLC for the house and we are each 25% managing partners. I want to get the title of the home under the new business LLC. Do we just... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Easier way to get it done is to consult with a real estate attorney. Quitclaim deeds can cause more problems than they solve.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Lease extension in FL

Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 2, 2023

That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: what is the Treaty of Middle Plantation?

It is the Treaty that helps the people called Black in the US. They are actually American Indians.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 26, 2022

It was a treaty with several Native American tribes and England that was signed in Virginia in 1677. It gave the tribes control over their home lands and the right to bear arms in exchange for loyalty to the Crown.

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for Florida on
Q: The HOA send me a notice that a neighbor is complaining there is cannabis smell from my balcony. I dont even smoke. Help

What can I respond to this letter?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 20, 2022

Respond that you do not smoke and they must have the wrong unit.

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2 Answers | Asked in Contracts and Business Law for Florida on
Q: what is it called when the seller of a company works with the purchasers manager to take back the company?

I purchased a taxi dispatch service in April 2022 for $8000 down and $3000 a month until $80,000 is paid in full. The manager of my company started working with the seller to underhandedly take back the company. THe manager quit on Dec 1 and text all my clients offering lower rates. He then... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 19, 2022

Civil theft comes to mind if the account was current and the seller had no basis to repossess the business.

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 12, 2022

Do you have a question? Not enough facts to provide an answer even with a question. Such as why the name on the birth certificate and the name on the social security card are different? Marriage?

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3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 5, 2022

No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.

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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA law says that HOA meeting info must be mailed 14 days before the meeting. Is that postmarked or received?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 6, 2022

Postmarked. The only exception is for hearings to impose fines -- those must be received 14 days prior to the hearing.

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2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 1, 2022

Yes, if there is a mortgage, you take it subject to the mortgage.

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