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Questions Answered by Jennifer Isaksen
2 Answers | Asked in Landlord - Tenant, Real Estate Law and Stockbroker Fraud for Florida on
Q: What I do about a sacm landlord
Jennifer Isaksen
Jennifer Isaksen
answered on Sep 16, 2017

Your question does not provide enough information to give you a proper answer. If you are saying that you paid a deposit and now the landlord is not returning your calls, I would try to stop payment on the check. If that's not an option, I would write a letter requesting your deposit back... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord take the difference in rent out of your security deposit when you paid F/L/S? Moved out over 30 days ago

Was not given anything in writing about keeping the money just verbal and it has been 45 days since I moved out.

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 14, 2017

Pursuant to Florida Statute, Section 83.49(3)(a), your landlord was required to provide you with written notice within 30 days if they intended to keep any portion of your deposit. Failure to give notice forfeits your landlord's right to keep any portion of the deposit. If they do not refund... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: My mother has a reverse mortgage and she has since passed away(4 months ago) I cared for her and lived in the house.

Myself or my children are not on the deed or promissory note.The house is going to go into foreclosed and I dont know what to do..Ive had a health crisis that placed me on FMLA and my hrs and wages have been reduced. I dont qualify for a traditional mortgage. The mortgage co has sent out a letter... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 13, 2017

I am sorry for your situation. Reverse mortgages can have difficult consequences for the family members, and that is to pay what is owed or lose the home. I have seen situations where spouses can remain in the home until they pass, but you would have to review the loan documents with an attorney... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: FL, we just had a hurricane & we've been with no lights 3days now, I want to leave but the owner wants rent now

We've been without lights for 3 days and the owner wants us to pay the rent. And it's the only money we have to do anything.

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 12, 2017

I am sorry for your situation. It is tough to go through a natural disaster and all of the consequences, especially a loss of power! Unfortunately, your landlord is not responsible for the power outage and it is most likely not grounds to terminate your lease, unless there is damage to the... View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother died a year ago and the will was lost and I just found it.

The estate is on probate currently because there was thought to be no will. My sister is the current executive of the estate. In the recently found will someone else was named personal representative of the estate and if they decline i am the second in line to be the representative. How will this... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 12, 2017

I am sorry for your loss. As I understand it, probate proceedings were filed as having no Will and now a Will has been found. The Will can be filed with the court and if it is determined to be valid and if the Will dictates a distribution different than what it would be if it had proceeded... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I have inherited a house in cape coral 50/50 with my aunt. she will not communicate with me. what are my options?

the inventory shows 2 cars and 41,000. I want to sell but they will not communicate. they said my mother was alive and gave a wrong address for her and last name. I have the court order that says im 50% owner of the house

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 12, 2017

Does your Aunt have an attorney? The best way to get through to her may be by utilizing a third party. If that does not work, you may need to file a partition action and get the court's involvement to resolve the matters at hand. Best of Luck! Jennifer

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3 Answers | Asked in Civil Litigation and Collections for Florida on
Q: What are the statue of limitations on FL county civil court regarding a previously uncollected relative owed 16k debt?

Brother went to jail and my wife/I maintained his car, insurance, lawyer, etc. and the end bill was about 16k. Not including any interest and such. He has never paid and has never had anything of value until recently. He has purchase a home, pickup truck, and even a boat. I know he will not... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 12, 2017

I am sorry for your situation....as they say....no good deed goes unpunished! You paid the expenses of another out of the kindness of your heart to try to help, but there was no formal agreement and even if there was, without any payments received, your time to collect would have been 4-5 years... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a 3 day notice a day before my city was given a mandatory evacuation order. Can they extend the time

I had to buy food and gas to relocate during the storm. So I have to work back up the money which will take a few days

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 12, 2017

The 3 Day Notice is the first stage of the eviction process. Under these circumstances, I would think your landlord would be reasonable and give you some extra time. I would communicate with them about your situation and even if you are only able to make a partial payment, do that to show your... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: With the recent hurricane, how does that affect my lease? The apartment had no shutters; I am expecting a lot of damage?

Can we just salvage what we can and then just leave? Or what is the responsibility of the owner to fix our apartment to make it livable?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 11, 2017

Per Florida Statute, Section 83.63, if there is a total loss, you can terminate the Lease and vacate the premises. If a part of the premises is unusable, you would be entitled to a credit for the unusable part. You may also want to review your Lease Agreement for any provisions relating to this... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: My house is worth $175,000-$190,000 and I owe $300,000. How do I get a new mortage for what my house is worth?
Jennifer Isaksen
Jennifer Isaksen
answered on Sep 8, 2017

I don't know of any way that you could refinance your home for more than it's current value. You may have options. If you are behind on your payments, you may want to apply for a loan modification or a "short sale" where the bank agrees to take a payoff less than the amount... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: can i extend my time at property?

im renting from a condo association, they told me on September first they wont take my rent any more, the bank foreclosed on the condo im in and there are auctioning the unit on September 13, can i prolong the sale by filling a motion for extention with the courts? i need help with this, i have a... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 5, 2017

It is unlikely that you will be able to prolong the foreclosure sale. If the sale goes as scheduled on September 13, the property will likely go back to the bank or to a new owner. The Clerk of Court typically issues a Certificate of Title 10 days after the foreclosure sale. The new owner must... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I dismiss the eviction?

Last week I was handed a 3 day notice by my landlord and I looked online through court documents and the landlord submitted a totally different notice to the courts with different last name and amount. Also, the landlord submitted to the courts the lease in which I never signed and the landlord... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 5, 2017

You will need to file your response with the Court, set a hearing and let the Judge decide if the case should be dismissed. You may want to pay your rent into the Court Registry so you don't get a default against you and consult with an attorney if you are not sure about your response or need... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: real estate trusts

What do I need. I am 78 and want to leave my home to my 2 children and don't want them to have to go through probate.

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 2, 2017

There are many factors to consider that would influence what steps would be appropriate for you to take to accomplish this goal. I would recommend that you consult with an attorney to fully discuss your situation in order to determine what your best course of action would be. Best of Luck!... View More

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4 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Fl auction purchase Are you legally permitted to approach in occupation before you have certificate of title
Jennifer Isaksen
Jennifer Isaksen
answered on Sep 2, 2017

You do not have ownership until the Certificate of Title is issued, so you would not want to attempt to gain occupation of the property. The sale could be set aside if there is an objection and some defect were found to make the sale void. Best of Luck! Jennifer

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: After you have purchased a home a foreclose auction can you approach the prior owner before title is issued?

Do you have the legal right to approach The previous owner by calling or knocking on the door before you have received title

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 2, 2017

Technically, you do not own the property until the Certificate of Title is issued, but I have seen new owners approach current owners by mail. I am a big believer in communication, so if it is that you are wanting cooperation for the new owners to move out, I think that's great. It typically... View More

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2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: My lease is up September 1st 2017 and I want to renew. Only one on lease. But I want my ex to leave before I renew.

She is not on lease but gets mail there. When lease is up. Can I just put her stuff in storage and change the locks?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 1, 2017

Your Lease Agreement probably has a provision that prohibits her from residing there for more than some designated number of days as a guest (ie, without being on the Lease). You will need to consult with your Landlord regarding changing the locks, but I don't see any reason you cannot put... View More

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3 Answers | Asked in Probate for Florida on
Q: I need to sell my deceased mother's home asap

- do I need to wait to get the will probated first or can I go ahead and put it on the market?

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 1, 2017

You can put it on the market, but it would have to be contingent upon finalizing the probate. I would recommend that you consult with a probate attorney right away to start the probate process. Best of Luck! Jennifer

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2 Answers | Asked in Probate for Florida on
Q: My father has passed away about a year ago and I need help with his estate and I am the only child please help

I had many questions to ask about my father's estate and I'm looking for help in which way to go and what I can do

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 1, 2017

I am sorry for your loss. The options you have available in handling your Father's Estate will depend upon whether he had a Will, the value and type of assets in his Estate and whether he had any creditors that could make a claim against his Estate. You will need to hire a probate attorney... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: Hello my mom and I share a house. Her name is on the mortgage however I have made all the payments. My name is on title.

Will I be entitled to any money after we pay the mortgage off.

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 1, 2017

Unless you are on the deed, you would not be entitled to any money. I would recommend you discuss your Mother's intentions with her and have her sign a deed if that is her desire. Best of Luck! Jennifer

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord of a rental unit witch we have rented have rented for one year and eight months call us at three thirty

In the afternoon and tell us that our rental cost will cost us almost sixty three dollars more effective tomorrow morning we have a rental contract

Jennifer Isaksen
Jennifer Isaksen
answered on Sep 1, 2017

If you have a current Lease Agreement, your Landlord is bound by the terms of the Lease Agreement until the term expires. If you are month to month, they would need to give you at least 15 days notice. Best of Luck! Jennifer

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