Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.
there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... Read more »
Probably not. Every Declaration for a condominium hotel I have ever read specifically prohibits using it as a residential unit. Some allow you to use it short-term for vacation purposes and some do not allow owners to occupy them at all. You should hire a lawyer to review any real estate you are... Read more »
If there is no will, the laws of intestacy would provide who inherits the property. Whoever inherits the property, perhaps you or another relative, needs to consult with an attorney who practices probate.
The bank can start eviction proceedings as soon as the mortgage payments become delinquent. If you (who I assume is the "girlfriend") continue to make the payments, it's unlikely that the mortgage will be foreclosed. But unless your late boyfriend left the property to you in a... Read more »
to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?
You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.
Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help
You must get a probate attorney and probate the will.
If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?
Either way Wil be fine.
My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »
You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... Read more »
What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?
They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »
I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and... Read more »
The courts cannot give you legal advice -- that would be practicing law without a license, which is a felony. Without reviewing the docket, generally you can motion the court to reset the sale.
Without reviewing a title report I would say generally, yes. They have to clear any possible claims and interest against the property. It is especially important if there are judgments with the same name as the decedent. While the decedent might be "Joe J Smith," any judgment in the... Read more »
I cannot ascertain what you are asking about? Please provide further information.
Home was deeded to me many years ago by my father who passed. Mom being elderly abs has dementiA
Yes, the property can be foreclosed on for an unpaid mortgage no matter who holds title. The note secures the property as payment. You should consult with a mortgage foreclosure defense attorney to make sure the bank is following all of the proper protocols and naming the proper parties. You... Read more »
i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.
Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.
settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.
You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;
95.11 Limitations other than for the recovery of real... Read more »
My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... Read more »
Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... Read more »
There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?
Yes, until the property is foreclosed on and sold pursuant to that foreclosure.
Also the mortgage is not in default since I am the primary payer. I’m asking about his credit card creditors and if they can come after the house.
Only in theory could they get a judgment and levy upon the house; their judgments would be junior to the mortgage
.
Can his creditors come after me or the house?
It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general,... Read more »
No, you have to pay the interest, attorneys' fees and costs. These are provided for by Florida law. If you cannot afford to pay in full you should 1) ask the law firm representing the HOA if the HOA will consider a payment plan or 2) consult with a bankruptcy attorney to see if you qualify... Read more »
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