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Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My bf bought me a house he put my name only on deed the agreement was to pay the house bills which I’ve been doing

Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!

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

No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.

3 Answers | Asked in Real Estate Law for Florida on
Q: Is it legal in a real estate contract to inflate purchase price then have seller return money?

A buyer presented me with a contract with an inflated purchase price of $120,000 more. He is using a DSRC loan to buy it. He added an addendum stating I woud return $120,000 to him at closing for property management and maintenance. I was hesitant on signing and his broker told me because its a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 19, 2023

If it looks like fraud and smells like fraud -- it's fraud. The realtor is not your agent and you should never buy or sell real estate without a lawyer. Don't sign anything without having a real estate lawyer review it.

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 7, 2023

Your statements are confusing but it seems like you were attempting to have a property manager represent you or a group of owners in court? That would be the unlicensed practice of law and a felony in Florida. A default is entered whenever you do not file an answer to a lawsuit. The summons... View More

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: Owner/tenant contract w/GenCon. All invoices paid, owner sued for unpaid inv. from subCont., default win due to error?

The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 6, 2023

If it was a final judgment the court does not have jurisdiction to hear any other motions except for post-judgment motions under Florida Rules of Civil Procedure 1.530 and 1.540 (15 day deadline to file) or a motion for attorneys' fees and costs (30 day deadline to file) if applicable.

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I sign a lease in FL and decide to break the contract and never move in

This is a short term lease for 3 months.

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

There are consequences to breaking a contract. The amount of your liability to the landlord for damages depends on the language in the contract, which we cannot review in this online forum.

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3 Answers | Asked in Bankruptcy for Florida on
Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?

i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.

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

You can motion the court for a medical exemption if you need the refund to use for medical bills. The Middle District Court has a clinic for pro se filing. Make an appointment with the clinic to get guidance in submitting such a motion.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: What would be the estimated cost (legal & governmental) to divide a current HOA into 2 separate HOA's ?

Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.

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

It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... View More

1 Answer | Asked in Contracts for Florida on
Q: Can an HOA be split into 2 HOA's with less than 100% agreement of the residents?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 27, 2023

It depends on the language in the HOA documents, which we cannot review in this online forum. You would need to consult with an experienced HOA lawyer to review the documents and advise you.

2 Answers | Asked in Real Estate Law for Florida on
Q: Is an amendment to condo docs enforceable against an owner who votes against it?

Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?

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

Only if it is for rental restrictions. Those are the only amendments that recognize an owner is not subject to them unless they voted for them.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I belong to a home exchange group. Is an exchange considered a lease under Florida law?

I receive the right to stay at the exchanger’s home or guest points which allow me to stay at any home in the system. My condo board says I am “renting” my condo in violation of the condo documents which limit leases to twice per year, minimum of 2 consecutive months. Are they correct?

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

Probably, but no one can say for sure without reading your condo documents. Many prohibit short term rentals and and exchange is still a rental. You’re getting something for value.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am not on my HOA board but have learned that the management company has taken over all responsibilities .

They are completely disregarding almost all aspects of FL statute 718 and refusing to accept my certified return receipt mail. That is my next step?

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

File a complaint against the management company's license with the Department of Business and Professional Regulation at myfloridalicense.com.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I sue for breach of contract?

I agreed to do a quick claim deed transfer when I got behind on my taxes and in the deed it states that I agree to pay $500 a month to rent and also had the option to buy my property back within the first year for $10,000 my year ain't up but he's selling my property and tearing down the... View More

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

You need to take a copy of the deed and any paperwork to a real estate lawyer immediately. Lawyers cannot give you advice based on a document they have no way to review in an online forum. Time is of the essence in this case so consult with a lawyer as soon as possible.

1 Answer | Asked in Criminal Law, Real Estate Law and Tax Law for Florida on
Q: if my Treaty guarantees me rights to hunt and fish can the state stop me?

The state wants to give me a ticket for hunting and fishing after the Treaty of Middle Plantation gave me rights. What should I do?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 7, 2023

Yes, that treaty was signed with the British government and tribes in Virginia in 1677. It was with specific tribes located in Virginia. Florida was not a British colony during this time.

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... View 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.

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.

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... View 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... View More

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... View 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 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... View 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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