My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More 
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
Wife claim 30% of his half interest when he passes instead of taking life estate?
I was working with an investment agency who turned out to be a bunch of crooks to try to sell the home in my parents estate. I suspect he photo copied my signature off the contract, which is filled with manipulative verbiag, to use on several petitions to the court to change the address for all... View More
answered on Sep 27, 2023
The first step would be to consult with attorneys.
The next steps are likely to petition the Court. Thereafter, it would be to initiate a lawsuit against the fraudsters.
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
payments, and the owners had to prove they owed the money. This event occurred in 2010 which the HOA claimed the first missed payment happened in 2010, and it is now 13 years later, but the HOA never filed for foreclosure or placed a lien on the unit.
Is there a statute of limitation... View More
answered on Sep 22, 2023
Yes, it is very likely that the statute of limitations has run on HOA assessments from 2010 unless some action has already been filed and is pending relating to the missed HOA dues. Schedule a free consultation to make sure your rights are protected.
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
We have been tenants in a house for 7 years. The last few years, we have been given and signed lease renewal offer letters. The owner is now trying to sell the house (its not on the market) to people who want to live in the house - we have 11 months left on our new lease - is the lease renewal... View More
answered on Sep 21, 2023
A lawyer would need to read the lease and the renewal offer to make that determination.
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
Can the tenant sue me as I’m the owner or is it between them and the entity they are renting from?
answered on Sep 19, 2023
If something happens a lawyer would sue every possible person or company liable, especially you as the owner.
As mentioned above, three people are on the lease house. I took out a loan so my in-laws could get a home. They now live in that house. However the name on the house is me, my wife and her mother. If someone wanted to sell the home what would happen. How would this be divided? We never had anything... View More
answered on Sep 18, 2023
If one of you wanted to sell the home, the proceeds would be divided three ways, equally. As I understand it, you, your wife, and her mother own the property and your mother-in-law, and her husband live in the house. The house could be sold subject to the lease (if all three owners agree), but... View More
I have an asset recovery business, and am looking several cases in the state of Florida. I'm helping clients who've lost their home to foreclosure to retrieve the excess funds, (when they exist) due to a higher auction bid on their previously owned property. The law in Fla. states finders... View More
I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More
answered on Sep 14, 2023
Unfortunately, when you purchased the property, you purchased it subject to all superior interests including the one that was recently foreclosed. Your only recourse at this point would be to collect any surplus from the most recent foreclosure auction. Schedule a free consultation to discuss... View More
I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag
answered on Sep 14, 2023
It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":
"1. The United States flag.
2. The official flag of the State of Florida.... View More
We moved here in 2004 when my son was three. When he turned 18 he was added as a signer on the lease. I noticed last years lease and this years lease his name was not on it when I signed. When I asked about it when this years lease came to sign, I'm told he has to apply to be on the lease... View More
If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?
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answered on Sep 12, 2023
In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More
We have a VA home loan. We entered a forbearance with our lender the entire year of 2021. We paid the 2 pass due amounts we had. We were short by 7.53. Instead of telling us they placed the amount we overpaid in our escrow for over a year. We were denied for a loan modification after being in the... View More
How to file ejectment to remove previous owner who still parked their vehicles and locked fence. Previous owner is an auto dealer and his business is next to my land.
Checked with Pinellas County Clerk - they have no record of Satisfaction.
P
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answered on Sep 9, 2023
That sounds frustrating. If it is in fact accurate that the mortgage has been paid off, then the lender's continued mortgage against the property constitutes slander of title.
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