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2 Answers | Asked in Estate Planning for Florida on
Q: My husband and I financed a car for a friend because she cannot finance a car on her own. She is making the payments.

If my husband and I die how can she get the car title if she pays the payments (the bank said they don't care who makes the payments), when the car is paid off.

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 8, 2017

You have to file a financing lien against the car. You can go to the DMV website and find the form. Just fill the form out and file with DMV. Best of Luck! Jennifer

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3 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: If I am living with a friend and paying part of the rent but I'm not on the lease can the landlord change the locks?
Jennifer Isaksen
Jennifer Isaksen
answered on Oct 7, 2017

That would be a matter between your friend and the landlord. There are limited circumstances where a landlord would change the locks, especially if your friend is paying rent. Sounds like there is more to the story. Best of Luck! Jennifer

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I paid $135 application fee for a rental property

I paid $135 application fee for a rental property I submitted my application with all the documents they said that I was missing my husbands ID which I resent it with his ID attached they told me that they did not get it I sent it again two more time via email now they are telling me that I took... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 7, 2017

I agree with my colleague that they probably can keep the application fee, however it seems odd that a missing drivers license would hold up processing your rental application or giving you a conditional approval. Is the only reason your application was denied due to the delay? Normally the... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If I own a mobile home inside of a park can I be evicted from my home since I don't own the land

They personally told us they were being racist because of the color of our skin and keep posting a not on our door saying people tell them we are drug dealers so if they hear it again we will be evicted neither of us have a record of any kind and we have our children this is harassment and false... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 7, 2017

You can be evicted from a mobile home park and required to remove your home, but only if there is a violation of one of the park rules or non-payment of rent. If you are in compliance and pay your rent, then I agree with my colleague, you may need to pursue a Fair Housing Act compliant against the... View More

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4 Answers | Asked in Probate for Florida on
Q: Hello, I am from Stuttgart, Germany. I have a question regarding probates.

I am asking for a friend who doesn´t speak English. She needs two probates of some lots in Florida. First probate is the transfer of ownership from her father to her mother and second probate is the transfer from her mother to herself. Her father and mother died in 1975 but the probate is still... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 6, 2017

I agree with my colleagues, your friend should be able to process 2 Summary Administrations as long as the land is not valued over $75,000. You should call around for pricing and free consultations. Best of Luck! Jennifer

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3 Answers | Asked in Real Estate Law for Florida on
Q: Are mortgages, encumbrances, judgements erased if you buy a property from tax deed auction in Florida?

I would like to buy properties from tax deed auction , and i would like to know what would happes to past mortgages, encumbrances, judgements, liens on property after u won the auction. Do they survive after the tax deed sale or not ? Thanks

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 6, 2017

It's a good idea to have a title search done prior to purchasing a property at tax deed sale and examine the public records to identify what lien holders have been notified and you won't have any surprises. Liens are likely to be removed as long as the proper notices were sent, but you... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: Can a HOA use reserve funds to repair select homeowner properties to remove fallen trees and stumps post hurricane?

Reserve funds are specifically designated for common areas and not to fix things on homeowner properties. Homeowners have their own insurance.

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 4, 2017

It's hard to say solely based upon information in a web post. The answer depends upon the provisions contained in the Covenants and Declarations and/or Resolutions on record for your HOA. You would have to review your documents with an attorney for an exact answer. Best of Luck! Jennifer

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2 Answers | Asked in Real Estate Law for Florida on
Q: During Hurricane Irma, a tree on a vacant lot blew over on two adjourning lots. Who's responsible for clean up?
Jennifer Isaksen
Jennifer Isaksen
answered on Oct 4, 2017

The damage appears to be the result of a natural disaster and so, if the tree is on your land, you are responsible to clean it up, unless you can show that the tree was rotten or not properly maintained, then it could be shown to be the responsibility of the person owning the land where the tree is... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if I pay my rent and new owners just want too renovate my apt? I don't have lease month to month

I've been living there 2 years, And been recently told they will start eviction if don't move out. What are my rights ? I don't want too hurt my credit.

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 3, 2017

Pursuant to Florida Statute, Section 83.57(3), your Landlord can terminate your tenancy with 15 days notice, as you are a month to month tenant. I would recommend that you start looking for a new place to live. Best of Luck! Jennifer

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3 Answers | Asked in Real Estate Law for Florida on
Q: Need to get a TIC off deed to property. Options short of partition? Need to sell. TIC in default of lease.

In April, 2017, purchased house for friend & family. I paid cash. Friend wanted name on deed. I agreed. No financial contribution by friend. Have executed lease w/option. Tenant in default. TIC refuses to execute QC deed. Need to sell property ASAP. Would prefer to sell with realtor vice... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 2, 2017

Your question is unclear. You are stating you want TIC off deed AND that TIC is in default of a Lease w/ Option to purchase. If a person is on the deed as TIC, there wouldn't be a Lease, since they are already on the Deed. You will need to review your documents with an attorney to determine... View More

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1 Answer | Asked in Foreclosure and Landlord - Tenant for Florida on
Q: Being kick out of my apartment.

Hi my name is Taylor today I just received an email from my landlord increasing my rent drastically, and it was just for me. I call him and ask the reason why. He just said that instead of telling me to leave he is increasing it so I have time to find a place to leave. I ask the reason why he... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Oct 2, 2017

If you have a Lease, they cannot change the amount of your rent during your lease term. Check your Lease to see what the term is and if there are any factors listed in there that would allow your Landlord to increase your rent. Typically, IF there was a nuisance (ie, noise), the Landlord would... View More

2 Answers | Asked in Estate Planning and Banking for Florida on
Q: My father died and put me as beneficiary on his bank accounts. I was able to acess his accounts. But now I'm not sure .

I not sure I should have. He died in Florida.

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 29, 2017

First, I am sorry for your loss. You will want to meet with your banker to discuss the account, but if you were on the account, the account probably went to you when he passed. You bank can advise you further. Best of Luck! Jennifer

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1 Answer | Asked in Foreclosure for Florida on
Q: Writ of Possession has been issued. Is there anything we can do to stop this?

The house my deceased parents owned went through foreclosure. I tried to work with BOA to take over the loan. It was denied and they proceeded. Now a Writ of Posession has been obtained. We did not get any notice before the Writ was issued. Is there anything else we can do to try and stop this so... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 29, 2017

First, I am sorry for the loss of your parents. At this late stage in the proceedings, you have very limited options. If the home went back to the bank, your best bet would be to contact the attorney handling the case to see what can be done. If there is a new third-party owner, you should start... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: How long does it take for someone to be a resident in your own home in the state of florida
Jennifer Isaksen
Jennifer Isaksen
answered on Sep 29, 2017

The complete answer to your question depends upon the purpose for which you want to be labeled a "resident." If you rent or own a home in Florida and your intention is to make Florida your permanent residence, then you are a resident and you can apply for homestead exemption,... View More

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2 Answers | Asked in Probate for Florida on
Q: How long does it take to become an administrator of an estate ? In Clearwater FL

My brother died in april,, I hired a lawyer in may . He just filed papers in august. ... but still no papers .

I was told three weeks.. its 4 months ? Something does not seem right. also he left a house... do i need a lawyer to help sell house ?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 29, 2017

If the estate is filed as a Formal Administration, the Personal Representative is typically appointed right away after the case is filed, unless someone objects. If the estate is filed as a Summary Administration, there is no Personal Representative and the assets are distributed by Court Order,... View More

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2 Answers | Asked in Real Estate Law and Collections for Florida on
Q: HoA sent all docs, notices, statements and assessments to wrong address.Can they claim late fees, collection charges ?

I bought a home in April 2016, knew had HoA and their dues were cleared by title company at closing. They sent copy of deed to HoA which had the address of owner different than the property address. For 2017, HoA sent all correspondence to the property address, where tenant recvd the statements but... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 27, 2017

I'm sorry to say ... many HOAs don't negotiate repayment. Why? Because they don't have to. HOAs dues are hard to defend because the documents are on public record and at the date of purchase, you are presumed to have notice that you have to pay and that late fees, interest and... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: My father didn't have a will. I'm his only child from his first marriage but he and his second wife had three children.

Do they have more of an inheritance claim than me or would we all have equal claims?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 26, 2017

I am sorry for your loss. If your Dad passed and left a 2nd wife, she will likely be entitled to 1/2 of the Estate. You will want to consult with a probate attorney to determine if it is in your best interest to proceed with filing a probate. Best of Luck! Jennifer

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I have a two year lease with my tenant. I would like to sell my property. What are the legal steps
Jennifer Isaksen
Jennifer Isaksen
answered on Sep 26, 2017

You would want to review the terms of the Lease to see if it addresses sale of the property. If so, you would give the proper notice. If not, they are entitled to occupy the property for the full term, as long as they are in compliance with all of the other terms. In that case, you would want to... View More

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2 Answers | Asked in Probate for Florida on
Q: The second marriage of my grandfather was void. I think this would make me his heir. Can I reopen his estate?

My grandfather died 40 years ago intestate in Florida and his assets were very significant. My understanding is that the void marriage makes his second wife and their son, my father's half brother, illegitimate heirs. Also my father was never notify or serve as an heir when my grandfather... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 26, 2017

You will need to consult with an attorney to discuss the details surrounding the determination that your grandfather's marriage was "void" and any probate proceedings that have been initiated since his passing. It's possible, but there are many factors that need to be... View More

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Can I get legal ownership of my deceased mother's home?

My mother has been deceased for 10 years and my family (spouse & children) and I have lived in her home since before her death and have continued to pay all upkeep and property taxes on the home. (The house if paid off, there is no mortgage and no insurance.) I do have other siblings.... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 25, 2017

Sorry to say, you will need to probate your Mother's Estate to pass title to her home. Hopefully your siblings will recognize your contribution to caring for your Mother and her home over the past 10 years and either disclaim their interest in the home so you can have it or deed it to you... View More

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