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Questions Answered by Jennifer Isaksen
2 Answers | Asked in Real Estate Law for Florida on
Q: Is is mandatory in Florida for my wife’s presence at closing? What happens if she has to be at work, hospitalized etc.?

Is it mandatory in Florida for my wife’s presence at a real estate closing? What happens if she has to be at work, hospitalized or out of the country on business?

And yes, her name is included on the title.

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 11, 2017

I agree with my colleague, only to add that mobile or mail away closings are also a common solution when a party is unable to be physically present. Unavailability will not excuse signing the documents. Best of Luck! Jennifer

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Rented a single family house for 8.5 yrs. First year had a lease agreement then nothing was renewed.

Gave over 15 days notice of leaving. We had a good relationship, he was at the house 3 times in 8.5yrs, fixed garage door, fixed garbage disposal and 3rd time for a $3 part for laundry room valve. $250 in repairs in 8.5yrs. Never late on rent. I didn’t think I had to give 30 days notice. He says... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 8, 2017

Without a Lease, you are only required to give 15 days notice on a month to month rental. Florida Statute 83.57(3)Assuming you paid your rent on the 1st, you would have to vacate by the 1st to avoid paying December rent. If you paid a deposit to your Landlord, they need to give you written notice... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: If I’m a “borrower” on a loan for my daughters house in Florida. Is my husband responsible for the debt as well?

My husband is not on the note.! We were told that he had to sign the mortgage at close as acknowledgement that I have a mortgage. Is my husband responsible for any of the debt? This is my daughters primary residence and she is the only one on the title. This is not my residence.

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 8, 2017

Only the party signing the Note is financially responsible. Hope that helps put your mind at ease! Jennifer

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1 Answer | Asked in Real Estate Law for Florida on
Q: If I am on a deed with partner as AND - the house is paid off. He paid it. Do I have half house?

partner and I bought house, he paid it off. Since my name is also on deed, am I owner of half house? If a husband works, wife doesn't - she has half the house

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 7, 2017

As I understand your question, you and your domestic partner are both on a deed, your partner paid the mortgage off and you are wondering if you are the owner of 1/2 interest in a paid in full property, even though you did not contribute financially. The answer is probably YES, by virtue of being... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I need a real estate attorney: I put a large sum of money down on a property and paid taxes on it for a year as well as

made 15,000 worth of improvements. This past year I was informed that the property was in forclosure and it had been sold. How do I go about getting my money back for the person who I gave it to?.

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 6, 2017

Your question is too complex to offer you guidance from a web post, except to advise you to consult with a real estate attorney as soon as possible to research the status, review any documents you have and determine your best course of action. Jennifer

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Definition of "Sale" by FL law? How can a Landlord give 30 days notice to terminate a lease after sale of property

My lease for the house I'm leasing contains a clause pertaining to Termination Upon Sale of Property". It states "Notwithstanding any other provision of this agreement, Landlord may terminate this agreement upon 30 days written notice that the property has been sold".... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 6, 2017

It's hard to know what the terms of sale are, but the bottom line is - if your landlord gave you notice to terminate your Lease, you need to get looking for new accommodations. Best of Luck! Jennifer

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2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can my fiancé lose his house to his great grandma's children?

My fiancé was raised by his great grandma, and together they own a house (the house is in both of their names). His great grandma is very sick in the hospital, and her children have started to investigate as to whether they can take the house from my fiancé since his great grandmother (their... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 6, 2017

If the great grandma owns 1/2 and you cannot find a Will, great grandma's 1/2 will likely go to her children. That doesn't affect your fiancé's 1/2, but it could put him in a position where he may have to buy out the other 1/2 to keep the house. I would consult with a probate... View More

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2 Answers | Asked in Probate for Florida on
Q: I rent an apt. that is in probate it has been put on the market lease is month to month rights if sold? FL
Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

If you have a month to month lease, your landlord only has to give you a 15 day notice to vacate. It appears the end is inevitable. I would recommend that you find a new rental and give your landlord 15 days notice that you are vacating and prepare to move. If you do it by December 15, you will... View More

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2 Answers | Asked in Collections for Florida on
Q: My wife recently received a letter from Hayt, Hayt & Landau, P.L. to collect a debt. What should we do?

The letter says they "have been retained to collect" an outstanding balance and "an attempt to collect a debt."

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

If you believe the debt is not owed, you should notify them in writing to verify the account. If the debt is owed, you will want to negotiate a payoff or installment plan so you can avoid getting a judgment against you and your credit. If you do not have means to pay and you have lots of debts,... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: My property management company has increased their service prices without any notification. Is this legal?

Monthly bill shows increased prices for all services contracted to and through property management company. We have never been informed of any pending change and our current contract has a fixed monthly price. I am surprised that this is possible without any prior notice and justification for the... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

Maybe. If you have a Contract for a designated time period at a specified price, they are obligated to provide services at the contracted amount for the time specified. If there is no such Contract, they can probably change their rates at will and you will need to shop around for a new provider.... View More

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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Three siblings. inherited a house that is paid for. We all want 1/3 ownership. How do we transfer ownership

Remainder of estate is insurance. NO bills due. How do we proceed

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

You will need to file a probate to obtain ownership. Please consult with a Probate attorney to determine what the next steps will be for you and your family members. Best of Luck! Jennifer

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2 Answers | Asked in Probate for Florida on
Q: brother died, siblings not notified and not notified of probate until it was over so not allowed to see or contest will
Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

It is impossible to know that based upon the information provided in a web post. You will want to consult with an attorney to determine if it will be worth your while to re-open the Probate. Best of Luck! Jennifer

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5 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Can a lender foreclose a mortgage against the "estate" without having a person associated with the estate.

Borrower died 9 years ago. I own the property. I foreclosed the HOA lien. Took subject to the mortgage. Now mortgage company foreclosing but no estate has ever been raised and no personal representative named. They advertised for constructive service but they then filed an affidavit stating no... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 4, 2017

There is not enough information to fully answer your question. The encumbrance of the Mortgage is a lien on the property, regardless of the ownership. It's not clear how you obtained ownership, but the fact that the owner and the borrower don't match doesn't make the Mortgage go... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: My mother has a trailer in Naples, FL that was damaged by hurricane Irma, and needs suggestions on what is best to do.

She wants to get out of it, but believes she can’t because the home either needs major repairs or must be demolished and replaced. If she demolishes the home, the size and shape of her lot may prohibit her from replacing it with a home that fits the HOA regulations. She spoke to a manufactured... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 1, 2017

I am so sorry for your mother's situation. FEMA offers disaster relief for Collier County residents. Your mother may be eligible for a grant or low cost home loan to make the repairs needed. I would recommend you research those opportunities for her first. Please Google any company or... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: Delray bch fl can I swap out my refrig if my home is in contract and closing on 12/11 contract just says all appliances
Jennifer Isaksen
Jennifer Isaksen
answered on Dec 1, 2017

Maybe. You will want to check the Contract and the Listing Agreement to be sure that what you are selling matches the advertisement and description that was used to sell the property. If they are comparable, it may be OK, but you would not want to put low end black appliances, for instance, if... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I've demanded that my daughters fiancee leave my house. He refuses to leave because he has too much debt, poor credit,

and no one will rent to him. He's violated the two rules I had when he moved in: no guns and no alcohol. He has paid no rent (I didn't ask for any), nor contributed to household expenses. I've been told that I may not be able to call the police and have him evicted if he's... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 1, 2017

I am sorry for your situation. You will need to file an ejectment action against him. Most Clerk of Court websites have ejectment packages that you can fill out yourself. I would recommend visiting the Clerk of Court website in the County where you live for forms and instructions. If you feel... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: How many different last names are allowed in a single family home?

Or how many unrelated people can you have in a single family home.

Jennifer Isaksen
Jennifer Isaksen
answered on Dec 1, 2017

That would depend upon where you live. If you are a tenant, you will need to review your Lease Agreement, which should have a provision as to who can live there. If you are a homeowner, your HOA may have restrictions on the number of vehicles you can have, etc., so you would need to check the... View More

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3 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Im thinking about buying my Parents home in a private sale.They would reside in it, pay rent, utilities.

I live in Philadelphia, pa. Is this okay legally? They are Retired fixed income, I want to help. Help!

Thanks, Sharon

Jennifer Isaksen
Jennifer Isaksen
answered on Nov 30, 2017

Yes, that is absolutely legal. I assume your parents live in FL, so you would need to engage the services of a Florida Real Estate attorney to draft the appropriate documents. Just realize that if they don't pay rent, you will still be responsible for taxes, insurance and any mortgage... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does "in writing" include texts?

Our former landlord has not returned our security deposit, it has been 29 days. We have yet to receive anything in writing listing what and how much he intends on keeping for repairs. We did receive a text once listing two items, but we asked several times to see what he was referring to. (He... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Nov 30, 2017

Probably not, as there is a statutory disclosure that must be given as well. The next step would be to file suit for payment of your deposit. Any attorney fees and costs incurred would be recoverable against the Landlord. Best of Luck! Jennifer

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1 Answer | Asked in Real Estate Law for Florida on
Q: is there a way to remove someones name from a piece of property if both parties are in agreement

The property was purchased in both mine and my brother-in-laws names. I have made all payments. We are in agreement that we would like to remove his name from said property.

Jennifer Isaksen
Jennifer Isaksen
answered on Nov 29, 2017

You will need to hire an attorney to draft a deed for the parties to sign. Best of Luck! Jennifer

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