My aunt has lived in her home for 50+ years. She was the caregiver for her mom who passed away a few years ago. She wants to sell the property, but the title deed is still in her parent's name.
answered on Jul 27, 2018
Not only does she need an attorney, she probably needs to take some action to probate the last to die of her mother or father. Without either her name on the existing deed as a survivor beneficiary, or an order of the court giving her authority to deed the property, there is no one authorized to... View More 
After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... View More
answered on Jul 25, 2018
I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.
But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for... View More
I acquired a tax deed property on 8/2017. When I acquired this property, I paid all the taxes to get it to auction. The county also did a title search and there was nothing found in the means of liens, encumbrances,etc. I now own this parcel and my current tax bill has a lien on it and according... View More
answered on Jul 7, 2018
Typically, code enforcement liens survive a tax deed.
The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and... View More
So the owner of the condo have not fix my AC and it’s been 4 weeks. I have two small kids one is 1 years old and the other one is 4. I have been emailing the realtor multiple time about the issue an also I requested to speak with the owner. It’s like nothing is getting done. I requested for my... View More
answered on Jul 2, 2018
Look at your lease. Does it say the landlord is supplying a working a/c system? Florida statutes do not provide that the landlord must provide air conditioning, even if it is already installed on the property.
So if the lease provides that the landlord will provide air conditioning, then... View More
answered on Jun 18, 2018
First, let me suggest that you get an attorney to do an owner financing transaction in Florida. There are so many state and federal rules that you can likely violate that the cost will be a drop in the bucket vs. likely getting it done wrong.
IF you qualify for providing seller financing,... View More
answered on Jun 18, 2018
Well a real estate agent should cost you nothing since they get paid from the seller's real estate agent.
But no real estate agent can give you legal advice. Only a lawyer can do that.
A lawyer should cost a nominal amount compared to the price of the real estate you are... View More
Community developer did not build seawall to engineering detail and is failing. Is it not his responsibility to repair/replace?
answered on Jun 18, 2018
There are a couple of questions to ask.
When did you buy and are you the original owner (after the developer)? If no, then you have no "privity" with the developer and no standing to sue. If you bought it more than 4 years ago, then the statute of limitations has past and you... View More
a new house. Can I legally demolish the existing house?
answered on Jun 8, 2018
I don't have a clue what an LE deed means.
You need to be a lot more specific. Why do you call it an LE deed?
Purchasing home, closing on June 1st, was informed by the closing agent on Friday the 25th (a holiday weekend) that they need my social security number for FIRPTA. This was the first I heard that the seller was a foreign.
answered on May 27, 2018
Your contract probably has a FIRPTA provision in its standard text. Read it. And be sure that the closing agent complies with the FIRPTA withholding and submission of the withholding amount to the IRS. The issue here is that YOU as the buyer are the responsible party to get the FIRPTA withheld... View More
IS UNLAWFUL DETAINER REQUIRED? OR IS THERE A WAY TO SIDE STEP THAT AND SHOW PROOF OF 5 DAYS NOTICE AND SUBMIT WRIT OF POSSESSION TO COUNTY CLERK?
answered on May 22, 2018
A tax deed holder has a right to a writ of possession. The mechanics is called a Writ of Assistance and is guided by Florida Statute. Here is the wording of the statute which is self explanatory:
197.562 Grantee of tax deed entitled to immediate possession.—Any person, firm,... View More
and filed it with the NC court. I want to purchase a condo in Florida. Will this Free Trader agreement protect me from any future claims against this condo from my wife?
answered on May 19, 2018
Florida will not honor your form from North Carolina.
In Florida there can be a similar agreement but it must be in conjunction with "full financial disclosure" of the parties' finances - one to the other, and properly documented that such disclosure occurred. Therefore the... View More
Hi there,
I will collect an "inheritance" I guess in the amount of 3 Million more or less after taxes. I want to create some sort of Trust to prevent my identity being revealed to my family and friends but I don't want to do just that. I want a trust that I can name it... View More
answered on May 16, 2018
Generally, trusts are not public documents. If you have a trust, no one of your family members needs to know, unless you tell them.
The purpose of a trust can be quite varied. If all you are trying to do is hide this inheritance from your family, then isn't it enough to just not tell... View More
Seller or Agent keep sending Seller disclosure over incorrectly answered, saying seller made a mistake. Buy no longer feels comfortable with the home.
answered on May 11, 2018
The usual AS IS contract in Florida provides for an absolute backout and termination of the contract by the buyer BUT ONLY IF THE WRITTEN NOTICE OF CANCELLATION IS GIVEN ON OR BEFORE THE LAST DAY IN THE INSPECTION PERIOD.
Carefully read what that timeline is and carefully provide the SELLER... View More
When my grandmother died, I was left out of her will. A small piece of land belonging to her wasn't included in the will and her other grandchildren, who inherited her estate, want to sell it after it goes through Summary Administration. I want no part of any of it and want to quitclaim and... View More
answered on May 8, 2018
If you want not part of the estate, you can sign and record a notice of non-interest in the estate, if it is timely filed. That would eliminate your claim as an heir.
Unfortunately it probably should be drawn by an attorney, so that is my suggestion.
Current on all payments. The mortgage company will know it is a strategic default. I just don't want a deficiency judgement against me. The house is on the market right now. The value is slightly above the remaining mortgage. I'm just trying to plan ahead if it doesn't sell. I close... View More
answered on May 6, 2018
There is no telling what the lender's policies for your factoid will be at the time you become ready for this decision on their part.
Typically close calls with equity / cash available to the borrower don't go well for the borrower.
Also if you go into default your credit... View More
My name is listed on the property taxes, so do I need to do something to get her name off the taxes and/or deed? Am I required to do anything further at this point? She had no debts.
answered on Apr 25, 2018
If you got title in 2007, that date is your basis and her subsequent passing is irrelevant.
If she got title in 2007 and she died owning the property, the stepped up basis is her date of death (or allowed period per IRS regulations).
answered on Apr 23, 2018
The answer is any document that requires a notarization in Florida may be notarized by the e-notary method.
HOWEVER, a living trust or amendment or whatever document that requires witnesses, must be signed by the witnesses in the presence of the person signing the document (the person... View More
And the seller decides not to sell. Does the buyer have any rights to make the seller sell?
answered on Apr 17, 2018
The existing contract between the seller and the seller's real estate agent probably says that if the house is listed at a price agreed to between the agent and the seller and then a buyer makes a full price cash offer, then the seller is obligated to pay the agent its commission even if the... View More
answered on Apr 17, 2018
15 day inspection period is up at 5pm local time (typically) afer the defined Effective Date. The effective date is the date the last signor signed the contract, although communication of the contract being signed bthe last signor is a factor.
While I was on holiday my step daughter let 2 people live in my house without permission. She has now moved out. They are damaging the house , living in any bedroom they want including mine (they post it all on face book)smoking dope and coke and have verbally threatened me with violence over the... View More
answered on Apr 9, 2018
There is unfortunately no "self-help".
You are correct that this is an unlawful detainer case - meaning the people are in possession without agreement of the owner. You may also have a right for trespass if it can be shown that your daughter had no authority to let them live... View More
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