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Questions Answered by Barry W. Kaufman
4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an unpaid collection on my credit report but I was never aware that I owed any money. Should I dispute?

I have an outstanding collection from 2016 that is originally from an apartment complex. It was sold to a collection agency in Tampa. When I left that apartment complex, I wasn’t told that I owed any debt. I was never contacted even though my phone number never changed. I would have been easy to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 22, 2021

Can you dispute it? Sure. Will the credit bureau remove it? Probably not, because it's a valid debt.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: is it legal for an HOA to fine you (the owner) because your tenants were seeing using the lifeguard device at the pool?

I own a townhouse in the city of miami and it’s currently rented. I just received a notice of violation from the HOA saying that I have to pay $100 because my tenants were seeing at the pool using the lifeguard device. The device was not broken or stolen but it seems like they were using it.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2021

You have to consult your HOA documents - nobody online knows what those documents contain.

2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2021

There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant daughter living with her gave birth to a child. The father not living there. what is my landlord rights ?

Father of new born , unknown and not living with them

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 19, 2021

Your landlord rights have nothing to do with whether the baby's father lives there.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2021

You didn't ask a question.

You are 100% responsible to the lender for the student loan payments, just as your granddaughter is responsible.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you be evicted 1 year after you terminated your month to month and they have possession of the trailer?

We are being evicted 1 year after we moved out. We turned the title of our mobile and keys when we terminated our month to month. They went into the mobile home the next day. We have not heard from them until today 1 year later. They want to evict us. They have the property and have gone in and out... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 9, 2021

I can file a complaint accusing you of not painting the road in front of your house a certain shade of purple, but that doesn't mean that I am able to state a valid cause of action or have the legal grounds to prevail.

Most people don't know when a complaint is filed, until the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’m currently renting and signed a 2 year lease extension 2 months ago , now my landlord decided to sell the home.

Will the new owner have to honor my lease ? And do I have to show the home at the landlords request ?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2021

Yes, but if you pay rent on a monthly basis, he can terminate your lease with notice. Basically, yes. You have to let him show the house, but he just can't barge in whenever he wants to.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I did a move in survey the landlord did one when we left, can I ask for the one from the last tenant move out?

Trying to establish a pattern and I need to know if it is legal to ask for the move out survey from the tenant there before me

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2021

Its neither legal or illegal. You can ask, and the LL can say yes or no. If he refuses, that's the end. You have no legal right to force him to give you the survey. You accept the premises as is.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?

My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 6, 2021

The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had a lawyer evict a tenant in Florida who did not pay

We evicted the tenant, but the suit was only for a one count eviction, the lawyer did not file for count two. We lost 11 months rent. How can I go after that rent. Ke.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 3, 2021

You may not be able to do so. Talk to an attorney with your lease and the eviction case Number. You should have specified to the attorney exactly what you wanted- 11 months is a long time to suddenly realize there was no count for back rent.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Whats next in a holdover eviction?

I served a 30 day nonrenewal of my month to month tenant. I then filed eviction including lease and notice copies. Sheriff prioritizes holdover so tenant was served the next morning giving her 5 days. I don't think she's filed a response. Her 5 days were up yesterday. What do I do now? Do... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 3, 2021

Its the same thing.

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3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 2, 2021

You didn't ask a question.

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3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2021

Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My apt was sold and I have no info on current owners. There is no leasing agent.

My current lease expires on Oct 31 and my rent is due tomorrow but I cannot pay it without the name and address of the new owners. My lease agreement says I must give 30 days notice to vacate or pay an additional months rent. which I obviously can't given the circumstances. I cannot afford to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2021

Go to your county property appraiser website and see if the new deed has been recorded. That your present landlord won't tell you to whom to send the rent is ridiculous and may be his way of cheating the new LL out of the rent. Maybe not.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi Can a HOA rule be retroactive for short term rental in florida

We own a house since beginning of 2010 and rent it for less than 30 days period since then without any problem with our neighbours. Today the HOA ask us for ceasing it as they voted a rule in 2014 so after our purchase . Do they have the right for that ?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2021

Yes, in all likelihood. Read your HOA documents.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can our landlord evict us if we can’t find a new home if she is selling the home?

We’ve been living at our residence for 3 years. Our landlord is selling the house and our lease ends September 30. We’ve been trying to find a home but it’s been very hard because the rental industry right now is very low. We’ve been working endlessly to find a home to move out but we just... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2021

She is not evicting you because you can't find a home. She is evicting you because you would be staying past the end of your lease, and she has elected to not renew it. Your issue with finding a house is not her issue, its yours. She doesn't have to give you a reason to not renew your... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If I am renting and the owner does not fix the A/C, can I withhold the rent and move without legal ramifications.

There is a management company managing my unit and the owner is not responding to approve the repairs of the A/C unit.

They have known about the estimate for over a week and they have yet to approve the repair/parts.

I have offered to pay for the $400 repair and take it from my... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2021

If the landlord is not required by your lease to provide A/C, then it has no obligation to fix your A/C, as the landlord is not required to furnish A/C under the law. You are not allowed to withhold rent under these circumstances, else you face the prospect of eviction.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a submitted application for rental assistance via Our Florida(DCFS) program stop an eviction case/be a defense?

A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2021

Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.

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