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Questions Answered by Jennifer Isaksen
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can new owners void a valid lease and make us apply for a new lease with higher payments?
Jennifer Isaksen
Jennifer Isaksen
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

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Please see below for further info

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

Jennifer Isaksen
Jennifer Isaksen
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

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: My mother passed away, her and my father had joint property. He deeded property to my mom's mother, without having the

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?

Jennifer Isaksen
Jennifer Isaksen
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

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4 Answers | Asked in Family Law and Probate for Florida on
Q: I need to file a Claim against an Estate. I've been told that I must provide an "Entry of Appearance" before filing.

What exactly is this and how do I comply? I have all the documents to support the Claim.

Jennifer Isaksen
Jennifer Isaksen
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

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1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Our rental house was transferred into someone else's name two years ago. We had no idea. What do we do?

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

Jennifer Isaksen
Jennifer Isaksen
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

2 Answers | Asked in Real Estate Law for Florida on
Q: I bought a house 4years ago, got married a year ago and i want to add my parents to the deed.

Does husband need to know or sign off?? Or can i just filed a quit claim and add my parents?

Jennifer Isaksen
Jennifer Isaksen
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

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: roommate moved out, utilities in his name can he legally enter property even though his lease is voided

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

Jennifer Isaksen
Jennifer Isaksen
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

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: I need help to reverse my deed I added my wife to the deed when I was going through a very bad mental crisis I'm disable

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

Jennifer Isaksen
Jennifer Isaksen
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!

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am a sole member in a LLC and I have to file an eviction. Since this is a small claims case can I file on my own?

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

Jennifer Isaksen
Jennifer Isaksen
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

2 Answers | Asked in Real Estate Law for Florida on
Q: My husband and his 2 half sisters inherited 1/3 each of a home how do they go about signing over their halfs to him?

We have been living hear 16 yrs his Mom just never got around to changing the will as she wasn't well

Jennifer Isaksen
Jennifer Isaksen
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

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I own a condo in Fla. My tenant signed a 2 yr lease, but now I need to move into condo. Can I break my tenants lease?
Jennifer Isaksen
Jennifer Isaksen
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

1 Answer | Asked in Civil Rights and Real Estate Law for Florida on
Q: My house is set for auction in a week. Do I have 10 days after the sale to move out ?

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

Jennifer Isaksen
Jennifer Isaksen
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

1 Answer | Asked in Elder Law and Foreclosure for Florida on
Q: 1. Does Co-borrower under age of 62 who signed HECM have right to occupy the home after death of primary borrower?

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

Jennifer Isaksen
Jennifer Isaksen
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

1 Answer | Asked in Real Estate Law, Civil Rights and Entertainment / Sports for Florida on
Q: I live in a gated community. We need help with a conflict with the hoa. We believe we are being denied rights.

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.

Jennifer Isaksen
Jennifer Isaksen
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

2 Answers | Asked in Estate Planning for Florida on
Q: Hello, my father died and the land was given to the heirs of estate do i have claim?

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?

Jennifer Isaksen
Jennifer Isaksen
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

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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: Bought a property with the understanding that I owned the dock. Recently found out my neighbor owns the dock. Can I sue?

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

Jennifer Isaksen
Jennifer Isaksen
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

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a home on a private road shared by many property owners. The road has become so bad, i struggle to drive to it.

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

Jennifer Isaksen
Jennifer Isaksen
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

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My husband has a lien from a previous property foreclosure. How long does he have to wait to buy a new house free clear.

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.

Jennifer Isaksen
Jennifer Isaksen
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

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: Urgent help needed foreclosure

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

Jennifer Isaksen
Jennifer Isaksen
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

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: My mother and I have a home together she has the mortgage but I am on the deed she now wants to sell and I don't.

Can she make me sell, she hired an attorney and filed some kind of paperwork that I have to answer within twenty day

Jennifer Isaksen
Jennifer Isaksen
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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