payments to our original loan.
Is foreclosure required instead of eviction?
If so, can we do a DYI Foreclosure, i.e. - file all required documents, appear in court, etc.
I do not expect the buyer to contest the foreclosure (or hopefully, the eviction) as he cannot afford to... Read more »
The answer is a foreclosure.
Filing a residential foreclosure is a mind field of regulations not to mention the law. These regulations are all to protect the borrower - not you as the lender!
Get an attorney and do it right - it should only cost a few thousand dollars plus some... Read more »
Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job being... Read more »
The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... Read more »
My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney
My condolences on your loss.
An examination of the deed in which you and your siblings own the property needs to be made. If the ownership was by survivorship, then you do not need to probate the sister's estate. If not, then probate to authorize the administrator to sign for her will be... Read more »
.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list cause... Read more »
No need to be nervous - just use an attorney to file a probate administration. Depending on the value of the estate assets, you may be able to file a "summary administration" which should take all of 2 or 3 weeks.
Your issue is that you need a court to appoint someone to get all the... Read more »
I am the seller. in the buyer's purchase agreement it indicates seller pay up to 3% of buyer's closing cost including prepaid. Is that 3% of purchase price? my agent told me at time of signing its 3% of closing cost.
now its closing soon the title company calculates 3% of purchase price.... Read more »
Traditionally and customarily it would be 3% of the purchase price. Proper wording would have been "Seller shall Buyer's closing costs up to 3% of the purchase price".
The language you have is probably a mistake and if you think it is 3% of the closing costs, then you and buyer probably... Read more »
Is there a way for me not to pay those liens on the property?
Typically in a traditional sale, all liens and encumbrances on a property are satisfied at or before closing by the seller. If you are buying the property in other than a traditional sale scenario, you should seek out an attorney to assist you and avoid putting yourself in harms way.
I purchased a small townhouse in 2012 and made it my homestead. I later purchased a home but I kept the townhouse and rented it. I sold the home and purchased another and then another. Each time I moved into the home and lived there from 1 to 4 years. The mistake I made was never canceling and... Read more »
Unfortunately, ignorance is not an excuse to the law. You were rightfully tagged for your mistake. I have been through this before with clients and, indeed the ignorance argument is always used and always loses. You have no choice but to pay up and file homestead (hopefully with portability) on... Read more »
Seller would not negotiate and offer was withdrawn. Bank would only finance VA appraised value. Withdrew from contract. Home was placed back on market and now is pending. VA did a ROV and increased appraised value to a figure that would have worked for the sale. Do I have any... Read more »
You could negotiate again with the seller and try to enter into a new contract at the known appraisal number. But since you did not get an extension of the contract while the ROV was pending and instead terminated it based on the lower appraisal, you have no recourse against anyone.
Buyer & seller were disputing issues about removing TV mounts that r part of interior structure..buyers agent sent over 2 addendums 1)seller to remove, patch & paint. Or 2) cancellation & release of deposit...The Sellers, after I added some verbage to addendum felt comfortable signing to remove the... Read more »
From your question it is not clear who released the deposit to whom. It looks like Seller Broker had it but its not clear to whom it was released. Based on the question, it appears the funds should be returned to the Buyer.
The deposit should never be released without the signature of... Read more »
The property is in Miami Fl., I would like to be able to insure it. After my grandmother passed away in my house in Naples, Fl my uncle and mother (her children) never carried out the will. My mother states she doesn't want to see my uncle and I simply have not spoken to my uncle since she passed.... Read more »
This is not going to be a straight forward process. Probably a probate needs to be open for the grandmother. Then the question is does she have a will or is there no will. Then the question is to whom does the house pass either by the terms of the will or by law.
It may be that you are... Read more »
My husband passed 3 yrs ago. The deed to the house is in both our names, but he had refinanced the home under his name only. The mortgage company claims the mortgage is not assumable. Probate is not a concern.
Is the mortgage signed by you - and you did not sign the promissory note?
If that is the case then performing under the mortgage includes performing under the note.
If the home was your marital residence and you were married at the time of the mortgage initiation, then I bet you... Read more »
I want to prepare a deed, all free and clear. Dated, notarized and leave it with my will. How long is it good for without recording it at the county office? Ten years or after my death OK?
How long is not your issue. The way you want to do it, the deed will never been valid because what makes the deed valid is actual delivery to the grantee during your lifetime.
Estate planning is complicated. See an attorney to get it done correctly.
Own an Orig October 1925 Warranty Deed for a Land Parcel (.23 Acres, 4 Lots) purchased by my Great Uncle (Maternal Grandmother's Brother) from the Federal Corporation. Parcel is in Northern Florida. I am a Direct Heir. He worked/resided in both Wash DC and Baltimore at that time. Died early 1927.... Read more »
The statutes of limitation, doctrine of laches and waiver all will bar you from making any claim that is almost 100 years old. Most of these statutes are 4 or 5 years. At most, 20 years.
If you really wanted, you could have an attorney do an abstract of the history of title and the basis... Read more »
My father died in July. He left no will. While I am his biological child, his parental rights were terminated in the 1970s and I was legally adopted by my step-father. When my father died, he owned a condo, which is not even close to being paid off. He did not own anything else, has no life... Read more »
If you were adopted by another person and by reason of the adoption your natural father's paternity rights were terminated, then you are no longer your natural father's descendant for estate purposes. As such, the rights to the condo do not flow to you as an heir and thus you have no liability to... Read more »
I am looking at property and there are access issues from the public road. The property owner has said he'll accept an easement for a large cash payment. Is it possible to force an easement if the property is land locked?
Easements are tricky and you must use an attorney or you will definitely have problems.
There are some easements of necessity and a history of the surrounding parcels needs to be examined to determine where an easement may be required by law. See an attorney to get this accomplished.
My wife is buying a second home in Ny and lender is saying my wife even though she isn't on the home loan note in Florida is still legally responsible to pay property tax and insurance because she is on Deed. The property tax and insurance come on the home loan bill in my name only because she... Read more »
The answer is in different parts.
1. Real Estate Taxes - these are not a personal obligation to an owner. If the tax is not paid the taxing authority can lien the property, but they cannot get a money judgment against the owner. Under the mortgage it says that the mortgagor is obligated... Read more »
On a Far bar AS IS realtor sales contract
The inspection period ran out and just before it did the buyer's realtor emailed over an addendum with a lower offer claiming "due to inspection issues" , the problem I have is that they never inspected the house and are lying saying they did just... Read more »
The AS IS form contract to which I believe you are referring allows an unconditional right of termination during the inspection period. When I say unconditional, I mean if the buyer does not like the way the sun hits the rear yard, that is reason enough. So it can really be anything or nothing.... Read more »
No one will refinance and it is balloon mortgage. No one will buy it for the amount owed. If we sold it for current market value, we would still owe money. It is causing extreme financial stress. The owner with me is my ex-husband.
Essentially you have no solution that will meet the criteria of not affecting your credit.
See an attorney to see what options you may have and which may be the least unappetizing.
in 6/16 and send me a closing statement May 2018 requesting repayment of the money they spent on insurance?
If your mortgage matured more than 5 years before the placement of insurance, then the lender at that time had no insurable interest because of the statute of repose.
This is a very specialized issue and if there is no satisfaction of mortgage, you may need to do a quiet title action to... Read more »
the car dealer is suing the towing company because they sold the car. I don't have any car have to return the tag but they said that i have to continue paying the car payments remaining 6000.oo dollars.
Your obligation to pay the loan is complete when the loan is paid off.
If the car is sold at auction because it broke down and the sale is to cover storage or repair costs you did not pay, the amount realized from the sale will pay the bill for the storage or repairs and any excess will... Read more »
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