It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More

The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... View More

A condo lawyer would have to read the Declaration of Condominium and Bylaws for your association to give a proper answer. Generally, anything from the bare sheetrock out is the condominium's responsibility and anything from the sheetrock in, including paint, floor coverings and other... View More

Probably. Most modern water heaters have a life of 10 years if you are lucky. The consequences of a water heater failing could be more than just a leak filling up a pan and could flood your unit, which would damage adjacent units. If the condo association adopted this under their Rules and... View More

The process is for the board to give notice of a meeting 14 days in advance of the meeting to vote on the special assessment. Once the assessment is approved the board needs to send out a notice to the owners of the special assessment. There is no specific law of when the assessment can be... View More

Filed and recorded are two different things in the legal world. Filed means it was sent to the clerk and recorded means the clerk recorded the document. There could be a situation where the document was sent to the clerk but not recorded (lost in the mail? lost by the clerk?). Not all attorneys... View More

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.

The management company may be deflecting... View More

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... View More

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... View More

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... View More

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... View More

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.

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.

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... View More

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.

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... View More

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.

No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... View More

It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.