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I have appealed to their financial board showing all medical bills and doctors notes exceeding the amount they claim that I owe and have only reduced it to 1500.00. I am a single income household with 3 children to care for. Can they still do this?
answered on Sep 25, 2017
A creditor cannot garnish wages unless they have obtained a judgment against you. Even if that were to happen, in your case it sounds like you may be exempt based upon your income and family status. If you have a lot of debt, bankruptcy may be an option for you to consider to help you get back on... View More 
answered on Sep 24, 2017
Depends on how long they have been there. If you are continuing to pay the mortgage and taxes and they have been there less than 7 years, you should be good to file an ejectment action against them. Best of Luck! Jennifer
and one con after another stall, with three denials. They will not even return my phone calls, and nothing formal, of their intentions, when should I call a lawyer ?
answered on Sep 23, 2017
It sounds like you were trying for a modification and are getting the runaround. A lawyer can assist with that process, but whether you are approved will ultimately depend on your debt to income ratio. If you have too much debt, your better option may be to file bankruptcy. Sounds like you would... View More
Rented home out for less than half price in exchange for all maintenance and upkeep so I could move back or sell without any renovations needed. Not only have they not preformed any maintenance or upkeep but have in fact done some damage to the house. Do I have any recourse here?
answered on Sep 23, 2017
Sounds like you need to file an eviction right away and pursue a judgment for damages. Hopefully your tenant has a job so you can garnish wages and actually collect on the judgment. Don't wait. Best of Luck! Jennifer
There are several "spots" that seem to be getting worse or "growing" which I think is black mold, as I am constantly sick. The owner paid to have them cleaned but the spots are not better. They insist they never replace carpet when the condo is being lived in. Any suggestions?
answered on Sep 22, 2017
There is no law that I am aware regarding a landlord's duty to replace carpets, however if the carpet is causing a health condition, there may be a remedy available for you. The difficulty you have would be to prove that the carpet is the cause of your condition. I know the carpet in my own... View More
answered on Sep 22, 2017
Is the property in NC or FL? If it is in NC, you will nee to re-post your question in a NC forum. If it is in FL, we would need additional information to properly respond to the question. If you inherited the home through probate proceedings, the probate Order would describe what % you own. If... View More
Me and my sister inherit a house, she wants it sold. Can't afford to buy her out at this time. Can she have me evicted so the house can go on the market for sale or can I remain in house till it sells?
answered on Sep 21, 2017
If you inherited a home as 50/50 owner with your sister, you are each entitled to 100% use of the home. If your sister wants to sell and you cannot afford to buy her share out, the other option would be to re-finance with cash out to pay her her 50% and she would deed the property to you upon... View More
i have a 1 year lease on my apt. we had to evacuate sept 5 and returned sept 18. power was just restored sept 18. there was a hole in my cieling from water in my apt upstairs. i asked our landlord for pro rated rent for thr 13 days evacuation and thry said they didnt offer this. that thats a fema... View More
answered on Sep 21, 2017
First, I am grateful that you were not harmed in the storm.
I agree with my colleague, you are not entitled to pro rated rent due to the evacuation While it may have been an inconvenience, it was a non-voluntary circumstance caused by natural disaster and if you were evacuated, it was... View More
Continued to Allow them to stay there (again, no lease or rent). The son signed the property over to an attorney whom he owed money & the attorney wants to liquidate. There is no lease, nor have they ever paid any rent . The electricity is in their name and the buildings are really not... View More
answered on Sep 20, 2017
This is not your standard real estate transaction! First, I would want to know how and when the son went about signing over the property to an attorney. When someone passes, a probate is needed to transfer title to property, unless there was a life estate or a trust in place to complete the... View More
Tree still attached and rooted in neighbor's yard, but landed on my house. Need removal
answered on Sep 20, 2017
I am sorry for your misfortune and I'm sorry to say, you are most likely responsible for repairs to the home and tree removal, unless you can prove your neighbor was negligent by not caring for a decayed tree or somehow the tree caused a dangerous condition and should have been trimmed or... View More
I have an offer on a property I own in St. John County. The offer included that the Seller pay closing costs for Owner's title insurance policy and the Title search. In Miami-Dade County, where I'm originally from the Buyer pays for the Owner's title Insurance and Title Search.
answered on Sep 20, 2017
Typically the Seller pays for the Title Search and Owner's Policy, while the Buyer would pay for the Mortgagee Policy if there is a home loan taken to purchase the property. The only difference I am aware of in Miami-Dade County is the tax rate. Best of luck on your sale! Jennifer
answered on Sep 21, 2017
I am sorry for your loss. I'm not sure what you mean when you say the house went to his wife. Was his wife on the title to the home? Typically, when someone passes in Florida with no Will and leaves a 2nd wife and there are children by another marriage, the 2nd wife is only entitled to 1/2... View More
My mom passed away and left me a house when I was 17,I had no one,no family to guide me,at the age of 30,had low income jobs,I was single,very naive,uneducated,did not know anything of what I was doing,I was losing my house and ask someone to buy it so I could still live there,we had a verbal... View More
answered on Sep 21, 2017
Do you know the lady? It's unusual that a stranger would come to your door and ask you to sign a legal paper. We would hope to see a letter from an attorney explaining the reason for the request. I would not sign anything. Best of Luck! Jennifer
I signed a two year lease with my old manager, they now have a new manager who served me a 7 day to cure saying the 2 year lease is not valid and it is fraud. Is this true
answered on Sep 20, 2017
That sounds strange. I'm not sure how you could cure a "fraudulent" lease when the fraud is on their end. Did they provide you with a new lease to sign? I agree with my colleague, you will need to consult with an attorney to determine your next steps. Best of Luck! Jennifer
answered on Sep 20, 2017
If the home is your primary residence, you may not owe tax if your gain is less than $250,000, you lived there more than 2 years and you did not exclude capital gains from another home in the last 2 years. Since you have multiple owners, your situation may or may not fall into that category. It... View More
damaged. If it's now worth less than I owe and the bank forecloses, can they come after me to pay for repairs?
answered on Sep 19, 2017
I am sorry for your situation. If your house is insured, you need to make a claim for whatever items or repairs can be reimbursed to you. Many companies are offering assistance to Hurricane Irma victims. I would contact your mortgage company and let them know your situation, they may give you a... View More
Mom died in 2013 in NY. NY probate done. Has a lot at Leehigh Acres Florida. How do we petition to admit foreign will to record in lee county?
answered on Sep 19, 2017
I am sorry for your loss. You will need to file a probate in Lee County, Florida. Florida requires that an attorney file probate matters, so you will want to be sure to give your attorney copies of the NY probate documents to expedite the handling of your case. Best of Luck! Jennifer
will. We were told first that the property would get divided among her (my mothers) surviving children, now were being told that we have to include my sisters children. Is this correct? I'm talking about my mother. My sister passed in April and my mother in September. We have not been able... View More
answered on Sep 19, 2017
I am sorry for your loss and the technicalities you have to handle now. If your Sister left any assets, you would need to probate her estate and then your Mother's Estate. If you cannot find a Will for your Mother, her assets would be distributed according to Florida law. It does not sound... View More
My estranged husband died seven years ago and I just found out. He inherited his father's house along with his brother before we were married. I do not necessarily want any part of his inheritance but want to know if I am required to do anything, since I have no clue as to what my... View More
answered on Sep 18, 2017
I am sorry for your loss. Even though you are estranged, it is still part of your life that has passed. You don't necessarily have a duty to do anything, but the assets may just stay in limbo. It may be worth your while to consult with an attorney to see if it is to your benefit to file a... View More
If my house was damaged by hurricane am I obligated to refund any rent? Either for the partial month that they paid or last month paid in advance? They still have belongings in it and are not allowing prospective buyers to look inside. They also did not bother to put up the shutters. In Naples,... View More
answered on Sep 16, 2017
Typically, if a rental unit becomes "unusable", the tenant is entitled to a credit for the value of the "unusable" portion. If the residence becomes uninhabitable, the tenant may cancel the lease. As for the responsibility for putting storm shutters up, you would want to refer... View More
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