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Florida Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Florida on
Q: Florida filing for homestead deed is listed in my divorced last name only my new Florida license was put in my birth nam

Name my son died and I now went back to birth name same address same social only one person applying for homestead there is no ex alive anywhere

Homestead was denied why I want my birth name on my id birth certificate verified

Why do I need to change deed? It is still only me I sign aka

1 Answer | Asked in Real Estate Law for Florida on
Q: My sister and I have lived in our owned home for the past 40 yrs but just realized the title does not have jtwros if we

File a quit claim deed to include jtwros to our current title will this trigger a reassessment on our taxes ? Or loss of our soh exemptions in Florida ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 2, 2024

Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.

0 Answers | Asked in Real Estate Law for Florida on
Q: Florida denies my homestead application because the last name is different than my Florida drivers license License is

In my birth name everything else matches

What do I do

1 Answer | Asked in Real Estate Law for Florida on
Q: My home deed has a different last name than my Florida drivers license license is in birth name addresses match ss numbe

Numbers match how can they deny my homestead application

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 2, 2024

You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: Florida is denying my homestead application because the last name in my deed is different from my Florida drivers licens

The addresses match and my social security number matches the only difference is my id has my birth last name why can’t I get a homestead

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

T. Augustus Claus
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answered on Mar 1, 2024

As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More

0 Answers | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a rental company make us pay for their cable after already being here a year?

We fulfilled our year lease contract and want to continue month to month for our kids to finish school, but in that contract they want us to pay for their cable when we’ve already had a service provider for a year. It’s way more expensive than what we currently pay on top of the increase in... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 19, 2024

Every attorney is different and every fee structure is different, it also depends on the type of legal help you are getting, probate, civil matter and litigation, real estate, etc., so it depends, the engagement contract should be clear on what is and what is not included as well as the hourly or... View More

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3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

James L. Arrasmith
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answered on Feb 24, 2024

If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: If I have a living revocable trust and my husband passed away and I'm on the warranty deed as as well as a quit claim

I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 14, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a Florida mobile home along with a roommate. The title is joined by, "and." Previously, the title was joined by, "

or." I took his name off the title. Then, he and I got a new title joined by, "and."

All transactions were perfectly legal.

He is threatening to sue me because he claims I did something illegal (what?; I do not know), and he is claiming that, since his mother bought... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 13, 2024

There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 13, 2024

You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can a quick claim deed include assessment to new to owner and move out time in Quick Claim Deed to the stepkids

The moving of the owner is in a living revocable trust that stepkids get condo if owner moves. The quit claim will need the assessment that will be due for a new roof on the condo added to stepkids and a 6-week move out allowed by the owner of property added to get 20yrs of stuff moved to another... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2024

No. This is not possible in a deed of any kind. This sounds like everyone involved is trying to avoid using lawyers, which means that nobody knows what they are doing. It all seems so simple, but it isn't. I recommend that all person who wants to deed his or her property to someone else, hire... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I do anything or break my lease without it ruining anything?

Moved into my apartment about 3 years ago. Apartment fower ceiling has leaked 3 times per year for the past 3 years resulting in damaged floor boards, dark water stains down the walls, ruined carpet, discolored ceiling, soft walls and black mold. Black mold was then covered up by paint. Bedroom... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?

My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.

T. Augustus Claus
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answered on Feb 9, 2024

It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: How to get out of a faulty real estate purchasing contract?

Hi, I need help and advice on a canceling a real estate brokerage contract without fee penalized My partner and I were trying to look into purchase a home together before marriage. Both of us are first time home buyers and are new to the knowledge of home purchasing. We were trying to get a house... View More

James Clifton
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James Clifton
answered on Feb 8, 2024

If you did not cancel the contract within the due diligence period, you forfeit your earnest money. If the $3,000 you reference was your earnest money, you will not be able to get that back. If there were pending inspections at the time of due diligence expiration, your agent should have requested... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?

Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 6, 2024

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

James L. Arrasmith
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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is there anything i can do if a friend goes back on a verbal agreement made 3 yrs. ago with purchasing property

I made a verbal agreement on purchasing a friends real property by taking over mortgage payments of said property . He assured me the property was mine as long as i made the monthly mortgage payments which i did . I also made improvements on the property throughout the last 3 yrs. , gave extra... View More

James L. Arrasmith
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answered on Feb 5, 2024

In situations where a friend reneges on a verbal agreement regarding property purchase, especially after you've fulfilled your part of the deal for years, you do have potential legal recourse. The fact that you made mortgage payments and improvements to the property, along with having text... View More

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