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answered on Jul 16, 2017
No. Your Lease is a Contract and can only be amended in writing, signed by all parties. Unless there is some strange provision in your Lease that would allow it, the landlord will have to wait until the term of your Lease expires to make changes to the terms. Best of Luck! Jennifer
We had rent due for the month of July and we paid it promptly on July 1. We have another two weeks due August 1 but the online payment system does not allow us to pay until that rent is due . We have a deposit on the apartment and took date stamped photos when we left. We were not given a walk... View More
answered on Jul 16, 2017
Your question is not completely clear what you mean by you have 2 weeks due in August. Typically rental installments are due on a monthly basis. You have a couple of issues here....first...it appears you may have surrendered the property prior to your expiration of your lease. It is not clear if... View More
deed solely in his name. My grandmother sold the property and my uncle signed the continuous marriage affidavit for the title company, is this legal? The property was also jointly owned by my grandfather, who was also deceased and his name was never removed from the deed. Is this allowed?
answered on Jul 13, 2017
Typically, when a husband and wife jointly own property in Florida, filing of the death certificate is all that is needed to pass title to the surviving party. There are situations where other relatives may have interests in the property, so you would want to have your deeds reviewed by an... View More
What exactly is this and how do I comply? I have all the documents to support the Claim.
answered on Jul 11, 2017
An attorney would file a Notice of Appearance. If you just wanted to file a claim in the probate, you would just file a Proof of Claim. The forms are available on the Clerk of Court website for the county in which the probate has been filed. Best of Luck! Jennifer
The landlord put the property in her kids names two years ago. We had no knowledge. Now they want to do something about it and claim they just found out. They want us to move out but we have a lengthy lease agreement that we signed 2 years ago with their mother. Do they have to honor the lease? We... View More
answered on Jul 11, 2017
You will want to review the document to see what the provisions say regarding termination of the Lease agreement, but most likely, the kids have to honor the Lease. I typically advise Landlords to do as you are suggesting and offer payment to the tenants to vacate. I would continue paying your... View More
Does husband need to know or sign off?? Or can i just filed a quit claim and add my parents?
answered on Jul 9, 2017
Your husband would need to sign the deed. If you were my client, I would want to know why you want to add your parents to your deed instead of your husband. There may be a more beneficial way to accomplish your goals, as your new husband has an interest in your home. Best of Luck! Jennifer
my roommate moved out of the condo. he signed an addendum moving out, transferring the deposit to me and voided his lease. I have signed a new lease but the utilities are still in his name. so he is trying to strong arm his way back into the condo by harassing me at work and at home. can he... View More
answered on Jul 6, 2017
Based on what you have stated, the answer is probably No, but you should contact the utility company and get that account transferred into your name ASAP. Best of Luck! Jennifer
due to my mental health. I'm on a lot of mental health medications and don't function to good. I'm not going through a divorce now. When I realized that at added my wife to my deed I asked her to sign an agreement stating that if we get divorce in the future I will able to keep 100%... View More
answered on Jul 6, 2017
I'm sorry to say, your wife has an interest in your home, whether she is on the deed or not. If you get divorced, any interest she may have in the property can be determined at that time. Best of Luck!
I posted the notice on July 2, 2017 and I gave them until July 6, 2017. Not including July 4th that is the three days. I want to file the eviction on July 7, 2017 but MUST I use an attorney? I have read since its a small claims case I don't have to use an attorney but in doing research I have... View More
answered on Jul 5, 2017
File it in your name as property manager on behalf of the LLC and you will be fine. Best of Luck! Jennifer
We have been living hear 16 yrs his Mom just never got around to changing the will as she wasn't well
answered on Jul 4, 2017
They would need to sign a deed to him. You will need to contact an attorney to have them prepared for you. Best of Luck! Jennifer
answered on Jul 2, 2017
Your Lease Agreement will contain provisions for termination, but typically, absent non-payment or some other violation of the terms of the Lease, you would not be able to terminate it early. We often get results negotiating a payment to the tenant for their cooperation in these situations. Best... View More
The auction sale date is July 11th however, I have a signd contract for a short sale. But my auction date is set already. I filed a motion to cancel sale and allow the short sale to complete the closing date is set for November 10th. I received a email from the portal that a hearing as been set... View More
answered on Jul 1, 2017
If the foreclosure sale goes through, you will not be able to complete the short sale and will need to vacate the home. Yes, you would have 10 days following the sale. I recommend that you contact the banks attorney ASAP or hire a lawyer to assist you. Best of Luck! Jennifer
I am one of several defendants involved in a reverse mortgage foreclosure lawsuit filed by Reverse Mortgage Solutions (RMS) on 15 January 2013 The case has dragged on for over four years, opposing counsel’s attorney fees are approaching $20K with a Non-Jury trial scheduled for 19 July 2017.... View More
answered on Jun 30, 2017
The loan documents and the other pleadings filed in the foreclosure will need to be reviewed to give you an answer. With a Non-Jury Trial scheduled and possibly a Consent Judgment already in place, it may be a little late in the process to be of much assistance. Best of Luck! Jennifer
There is a rental policy for the clubhouse. For 2 years we rented and hosted house concerts. Private event. Hoa does not like inviting outsiders. Changing rules to specifically exclude us.
answered on Jun 30, 2017
You will need to review the HOA Declarations to determine the policy in place. If they changed the policy after you purchased your property, you will want to review the provisions regarding amendments. There is usually a notice and meeting requirement to call a vote of the homeowners to approve... View More
My father never had nothing written about property, so it was given to my brother, and sister. So my brother, and sister guarding so the property to my mother. Being that I was young do I have legal rights to being a heir to property?
answered on Jun 30, 2017
The only way to transfer land after death is by probate, unless the property was in a trust. When the probate was filed, whatever heirs were living and entitled to inherit would have been included in the probate. If you were excluded from being named as an heir because of your age, you may be... View More
All the paperwork stated that I owned the dock. I have a bill of sale from the previous owner. After having a heated discussion with my neighbor I started doing my own research only to find out the the previous owner never registered the dock with the City of Jax. My neighbors lawyer sent a letter... View More
answered on Jun 30, 2017
You will need to bring all of your paperwork to an attorney to review and determine what the legal status is and what your options are. It is not possible to advise based upon the information given. Best of Luck! Jennifer
Does the owner have any responsibility in this matter? Can I get out of my lease since my minivan cannot be driven to the property. The road was ok when I signed a month ago, but due to hard rains, it nearly requires 4wd. The road has sank in places probably 6-8 inches. I was not made aware of... View More
answered on Jun 29, 2017
Maintenance of a private road is usually addressed by a Road Maintenance Agreement that is recorded in the Public Records and explains what each homeowners responsibility is pursuant to upkeep and maintenance of the road. As a tenant, you will have to review your Lease Agreement to see if there... View More
How many years do we have to wait so they don't put a lien on the new house? He has a lien for the balance of what he owed on the old house for any future property.
answered on Jun 29, 2017
Foreclosures are two part lawsuits. First you have the Final Judgment of Foreclosure, which gives the lender possession and the right to sell the property. If your husband has a Final Judgment of Foreclosure against him, it is non-monetary and should not affect home-buying in the future. If the... View More
Good morning,I have a reverse mortgage that defaulted due to not paying taxes on time.I set up a payment plan and defaulted on the payment plan due to a misunderstanding even though I had the money.I did not know where to send the payment,and the servicing company was not helping.They do not want... View More
answered on Jun 29, 2017
Reverse mortgages are a bit tricky and usually more difficult to work with. The problem you are facing is your mortgage company has no legal "duty" to modify your loan or give you a 2nd chance after you have defaulted, but they should act fairly, especially when it was an honest mistake.... View More
Can she make me sell, she hired an attorney and filed some kind of paperwork that I have to answer within twenty day
answered on Jun 29, 2017
If you are both on the deed, you would both have to sign at closing to sell the home. She probably filed a partition action, but if she has all of the financial responsibility, being on the mortgage, she may have leverage to make the sale. I would seek legal counsel to respond to the Complaint... View More
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