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I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:
- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.
- It has come to... View More 
answered on Apr 30, 2024
Good example of why everyone should have a lawyer representing them in any transaction for real estate.
She sued, we went to mediation, then court. The judge ruled in our favor, now today the woman started sending emails saying very negative things about the employee who handled the lawsuit, and saying if we dont give her money she will sue again. Is there anything we can do? Can she sue again?
answered on Mar 26, 2024
This forum is for general questions and answers. There is no way to tell from your post if someone could sue you or not a second time. At this point you need to consult with an attorney. Generally, someone cannot sue for the same thing twice as long as the case was decided on its merits.... View More
Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.
How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More
answered on Mar 26, 2024
The easy answer is to see a lawyer. There is no guarantee the landlord would even allow the mobile home to stay on the lot if it's sold. Most mobile home parks have a waiting list and require the mobile home to be moved or at least get a background check and approval.
File a quit claim deed to include jtwros to our current title will this trigger a reassessment on our taxes ? Or loss of our soh exemptions in Florida ?
answered on Mar 2, 2024
Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.
or." I took his name off the title. Then, he and I got a new title joined by, "and."
All transactions were perfectly legal.
He is threatening to sue me because he claims I did something illegal (what?; I do not know), and he is claiming that, since his mother bought... View More
answered on Feb 13, 2024
There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.
Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More
answered on Feb 6, 2024
No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More
My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More
answered on Jan 22, 2024
Your parents need to hire a real estate litigator immediately. There is nothing that can be said in an online forum that would solve their problem. Almost all condo associations in Florida require an application for approval. The realtor knew or should have known this.
We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More
answered on Jan 22, 2024
I agree with my colleague that there is no legal definition of "gated community." Your association documents may have language that refers to the community as being gated or partially gated but you will need to review those or have a lawyer review them and explain them to you.
answered on Jan 8, 2024
Is there a question? Generally, unless there is language stating the landlord is responsible for watering the grass, the tenant is responsible for this.
I am trying to sell a mh I own. It is located in a mh park. According to the lot contract, it says it can not be moved. This is preventing the sale. People want to move the mh onto their property. Is this legal in FL?
answered on Dec 15, 2023
Sorry but this is something we cannot answer in an online forum without reading the contract you signed. You can sign away valuable rights by entering into a contract unless a state law specifically prohibits such a clause in a contract. There is currently not one.
I live in Florida
answered on Dec 13, 2023
Generally, the homeowner can cut any branches or roots that cross the property line as long as it will not compromise the tree. Who is responsible depends on wording in your HOA documents, which we cannot review in this online forum.
answered on Dec 7, 2023
You will need to repost your question because it does not make sense (sorry). Selective enforcement is a defense if you are being sued for violating the deed restrictions. I'm not sure what $17,000 has to do with that? It appears you have paid the HOA $17,000 and expect to get it back... View More
Past week of the contact we are told that the budget proposal will take place on our closing date and the hoa fee will be 570. Our broker is telling us that legally we are not able to exit the contact. What do we do
answered on Nov 22, 2023
Your dad will need to consult with a real estate lawyer to review the contract. The broker cannot give legal advice and the broker's interest is in making the commission, not getting your dad out of a sale. No one should buy, sell or lease real estate without a lawyer to review the documents... View More
answered on Oct 29, 2023
You and your neighbors need to organize an election and elect new board members.
Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we... View More
answered on Oct 22, 2023
This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.
I need your help please, HOA want to charge me a lot of money for something I didn't do. they missed the Mediation that was set by the court and now they set another mediation that is not set by the court and I am not sure if I should join or not?
answered on Oct 11, 2023
There's not enough facts to provide you with general help and this really goes beyond the scope of this website. You need to hire your own lawyer who is experienced in community association law or you will be out gunned in this fight.
answered on Oct 10, 2023
No you don't have to wait but if you are not familiar with interrogatories, requests for production, requests for admissions and the Florida Rules of Civil Procedure, you might be better off hiring a lawyer. Generally, when a post is made in the real estate section there is a lot at stake.
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More
payments, and the owners had to prove they owed the money. This event occurred in 2010 which the HOA claimed the first missed payment happened in 2010, and it is now 13 years later, but the HOA never filed for foreclosure or placed a lien on the unit.
Is there a statute of limitation... View More
answered on Sep 23, 2023
The statute of limitations on past due assessments is five years unless the HOA has been filing and maintaining liens for the debt or a bankruptcy abated the time during the pendency of the bankruptcy.
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