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Questions Answered by Barbara Billiot Stage
3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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2 Answers | Asked in Consumer Law and Foreclosure for Florida on
Q: In 2009 for I bought a house $165,000 with $60,000 as a down payment. 2017 I got a loan modification now I owe $154,000
Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 30, 2021

I'm not sure what the question is either. If you are saying you had a $105,000 mortgage and now have a $154,000 mortgage it is likely due to missed payments and/or other charges incurred on your account. Interest accumulates rapidly as well as missing escrow payments. Please re-post with a... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I signed a quit claim deed and the previous owner has since passed away and now I have a man asking me for rent

no mortgage that i know of through a bank or company but this man i have never met feels i should pay him rent? What have i done? I thought the money i gave the previous owner bought the house and land free and clear. What do I do now? What if the previous owner had a legally binding contract with... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 29, 2021

You need to do what you should have done in the first place and hire a real estate lawyer to review the transaction. It could be possible the person you thought you were purchasing from did not have clear title to the property. It could be this unknown person demanding rent is attempting to scam... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: Can my home be foreclosed on if the mortgage is on my mothers name? I’m not in the mortgage.

Home was deeded to me many years ago by my father who passed. Mom being elderly abs has dementiA

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 23, 2021

Yes, the property can be foreclosed on for an unpaid mortgage no matter who holds title. The note secures the property as payment. You should consult with a mortgage foreclosure defense attorney to make sure the bank is following all of the proper protocols and naming the proper parties. You... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a Florida HOA issue an amended approval a month after they approved something without the homeowners requesting it?

Our Florida HOA approved and certified our application for a tan fence even though our community guidelines call for white. A month later our fence co contacted the HOA telling them they approved a tan fence, at which time the HOA issued an amended approval for white fencing. Can they do that?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 13, 2021

If the fence hadn’t been installed yet, yes, they can correct their error. If the color wasn’t clear from the application, the HOA might be able to amend approval even if the fence was installed. If it was clear from the application the fence was tan, you asked for a variance and you installed... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: HOA regulation states no commercial trucks or trailers cannot be parked in lots. Can a person trailer be parked?

Feel like that sentence can be interpreted differently. I have a personal cargo trailer. Does the sentence mean any trailers or commercial trailers??

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 7, 2021

Based on your stated version of the document, a judge would likely interpret it to mean any trailer. Generally, most HOA documents exclude commercial vehicles, trailers, campers, recreational vehicles. You have to check not only the Declaration of Covenants, Conditions and Restrictions, but any... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I bought a property through an auction that I now learned has a mortgage on it. What options do I have?
Barbara Billiot Stage
Barbara Billiot Stage answered on May 24, 2021

It depends on the type of auction. If it was a tax deed sale you take it clear and free of the mortgage, but there could be other liens that are not eliminated. If it was a foreclosure by a HOA or condo association, another lender with a lien, or a mechanic's lien, you take it subject to the... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is any HOA board member entitled to see the legal invoices, or is only the treasurer?

I am currently the treasure on our HOA board. I have only been treasurer since January 2021 but I have beena board member since 2019. I am requesting to see the full legal invoices for the entire time I was on the board which includes time that I was not treasure just a regular board member. My HOA... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 21, 2021

Any homeowner is allowed to see legal invoices. They are official records of the HOA. There should not be any attorney-client privileged information in them and if there is the HOA manager can redact it.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can the HOA not accept my partial payment when there is no legal notice, and no notice from HOA ?

Ok - so, I owed $450 HOA dues per month from January 2021 - April 31 2001, plus special assessment of $500 month during that same time period I tried to pay $2100 multiple times in late April (no notice given by HOA of delinquency due to they stopped sending statements as of Jan 31, 2021)….I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 13, 2021

A HOA does not have to send you statements. You know you have a duty to pay them and the law requires you to pay them whether you get a statement or not. It may be the HOA no longer accepts Zelle (which is a bad idea for an association to do) or has changed management companies. If they are still... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My mom QCD to me her property without me being aware. She has a lawsuit with the HOA. Can they put a lien in my own-home

I don’t live with her; I have my own house with my husband. Her HOA summon me at my house. Am I responsible for her property taxes? She quit claim deed to me and my sister but she still on the deed.

Barbara Billiot Stage
Barbara Billiot Stage answered on May 13, 2021

That will not stop the HOAs foreclosure and affects your credit because you now have a foreclosure against you in the public records. They cannot lien your home but you are jointly responsible for any unpaid assessments from a previous owner (your mom).

1 Answer | Asked in Real Estate Law for Florida on
Q: What happens when I can't pay lot rent in a park for a home I own?

I have vacated and I am trying to sell but the park rejects my applicants. I've already paid one month rent on a home I don't occupy. This cannot continue, because math. How can I stop or reduce paying rent without being evicted? Is eviction inevitable and what will happen to my property?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 20, 2021

This is a common problem with mobile home park lot tenancies and unfortunately there are no fast fixes. Florida Statute 723.059 (1) states "The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I claim boundary by acquiescence for a common area that HOA owns?

I have had a line of trees at the back of my property for over 10 years now and my HOA surveyed the common area behind my house. They found out that my trees, which are now grown to be a full 7ft hedge, are off-line and encroaches into the common area. Nothing in the governing documents covers... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 19, 2021

Probably not. This would likely be ruled as a continuing trespass if it went to court and you could be ordered to remove the trees. You are referring to adverse possession, which would require you to pay the taxes on the land as well. You need to decide if you want to spend tens of thousands of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How does a HOA corporation without dues, assessment or lien authority force property owners to pay for road maintenance?

1981 deed restricted subdivision. Private roads dedicated to the property owners. Original 1981 HOA documents never executed, had 20 year sunset clause and contained no language for dues, assessment or lien authority. 2004 HOA created based on sunset 1981 HOA Docs. Original Developer transferred... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 12, 2021

You only need 50% + 1 to revitalize. The process is very technical though and thus expensive. The alternative is the risk of liability.

1 Answer | Asked in Wrongful Death and Real Estate Law for Florida on
Q: HOA - No liability insurance / money / road maintenance. Negligence accident on road - property owners liable?

October 1981 Subdivision recorded. Private Roads. Plat dedicates use of roads to Property Owners. No language on plat transferring Developer road interests to anyone. No HOA mentioned on record plat. Separate "Declaration of Restrictions" filed by Developer in Public Records several days... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 12, 2021

Generally, if the roads are private roads dedicated to the owners, the owners would be equally and severally liable, meaning any judgment would be paid by the one or ones who are able to pay. A judgment would be against every owner and if not paid, a lien against each property. Your neighbors... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: My lease was not renewed, but I have a medical issue.

I received a notice of non-renewal of my lease on a private home. The lease ends in 2 months.

The next day I was diagnosed with a foot injury and told by my doctor to stay off it for 2 months.

It is going to be real difficult to move when I have this injury, do I have legal... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 13, 2021

You might try to negotiate an extension with the landlord, but they are not required to give you another two months and the landlord can definitely charge you a higher rent.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 13, 2021

I agree with my colleague and would only add the statute of limitations is five years from the date of maturity. If your loan was due to mature any time before April 13, 2016 the statute of limitations would be a defense, but for any date after that the lender who owns the note now could foreclose.

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1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Q: If property sold , and State was not noticed will buyer be liable for tax, tax was payed up when bought. Wanted private

I did not register wanted it as private property.can man own private property? Thanks

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 5, 2021

I'm not sure if I completely understand your question. Whether or not you record a deed or notify the property appraiser's office of your ownership does not make property "private" as in no one can trespass. If you mean you do not want anyone to know you own the property you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an attorney in florida put a lien on my property in denver for attorney fees for a case in florida without notice?
Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 2, 2021

It depends on the type of lien and the laws in Colorado. If it was a judgment lien, then it can attach to all of your assets.

1 Answer | Asked in Foreclosure for Florida on
Q: I won an auction HOA lien,but want to walk away as it has a mortgage. Can I walk away and take my loses without any reco

My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 27, 2021

Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can my husband be removed from a mortgage and us be put out with a newborn and 2 toddlers?

My husband and grandmother are both on a mortgage. My husband as the main borrower. There was a disagreement and my husband stated he wanted her out of the house. The verbal agreement that was met is we would just buy her out. This morning she was caught on the phone trying to have his name removed... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 26, 2021

Who is on the deed is the question. No one can simply put anyone out. There has to be a court action to remove someone from their residence, even if they are not on the deed. You cannot have her removed and she cannot have you removed. Even if she were to file a court action it would likely not... Read more »

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