Get free answers to your Real Estate Law legal questions from lawyers in your area.
Our primary residence is on the market in Saint Johns County FL. We received an offer from a perspective Buyer yesterday. In my discussion with our Sellers Agent I stated that I would like a couple of minor changes on our counter offer, such as changing the Risk of Loss percentage from 1.5% to 3%.... View More
Question about attorney letter. Land owner behind me plans to build 265 houses. After alerting Fish & Wildlife there are Protected Gopher Tortoises there, I met F & W Officer & showed him GT burrows. He shut it down. I also showed officer chemical spills & took pix. Spills were... View More
I have let them know of the issue (the shower pan is not correctly leveled and water collects away from the drain and stays stagnant, unless I dry up the water or push it down the drain it will stay there for days and build a mold ring, if I leave for vacation and forget to dry it I will come back... View More
My lease agreement ended on June 29, 2024, and I resided there for 1.5 years. The security deposit amount was $2,350.While I haven't received the deposit back yet, my landlord sent me a text message (SMS) on July 10th, 2024, claiming damage to the property.
The message stated they... View More
When I purchased my property over 20 years ago I was not given a legal easement. The owner of the property surrounding my property has now decided they no longer want to allow access to my property and chases anyone who enters the property away Is there any legal recourse I can seek to force the... View More
![Terrence H Thorgaard Terrence H Thorgaard](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
answered on Jul 14, 2024
It appears that you would have what is called an easement by implication or by necessity. So no, the person who sold you your land doesn't have the right to refuse access and you could probably bring a successful lawsuit to establish your right to access your property.
In Florida, I have a present home rental lease and a renewed one year lease from Dec 2024 to end of Nov 2025. If owner sells home will my lease still be valid throughout the duration of the term here in Florida even if the new owners want this home as their primary residence? Thank you
With further clarification of my question, my major concern is of the assessment. The maintenance increase, should have still been at least disclosed, in an act of integrity as the Seller is the president of the board. The condo rider stated no pending assessments, which I believe was untrue, as... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jul 12, 2024
Purchasing a condo means you accept those kind of monthly fees, or lose it. It does not sound like you could prove those fees were pending at sale. But in any event a fraud suit will not work as you have no damages and you probably want to continue living there.
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More
it was never determined what percentage each sibling gets. I have lived on the property since November 2018. I have put a $36,000 roof on the home on the property which is a 1970 mobile home whose siding has been taken off and covered with brick. There is no title to the mobile home and never has... View More
Creditor has substantial Judgment which is unpaid when debtor dies.
If all or some portion of debt is still unpaid when debtor dies, are there legal steps available to creditor while debtor is alive to ensure they can collect the debt from debtor's estate?
Judgment debt is in Florida.
Judgment Lien Certificate is filed with the state and county that the real estate property is located in.
Do I need to also file a lien on the specific real estate property owned by the debtor to secure my creditor interest in this property?
If so, how does one do that online?
![Terrence H Thorgaard Terrence H Thorgaard](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
answered on Jul 9, 2024
In many, if not all counties, the judgment is recorded by the clerk of court and thus becomes a lien. Check with the clerk in your county to see what else, if anything, you should do.
My son moved out of his apartment and the apartment complex took his security deposit and have sent him a bill. The bill was for duct cleaning and sanitization and cleaning before the new tenants. My question is I thought these were things the apartment complex had to pay for because it was normal... View More
Manatee County, Florida. 200 units.
I'm in the process of buying property in Puerto Rico that has a small house that was never registered, how do i register it? The house has been there from what i was told 15+ years and they don't have any construction plans for the home as the owner is deceased. What is the process to... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 27, 2024
Post your question in PR not FL. You will definitely need a PR attorney to handle this.
Florida statute 718.112 says 10% of the voting interest can call a special meeting to remove a board member. Would this be instead of the writing agreement? Who will approve or deny the request?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 24, 2024
The 10% threshhold is simply to call a special meeting. You still need to ensure that a quorum attends the meeting and that a majority of those voting votes in favor of removing the board member (unless your HOA by-laws required a super-majority).
I was coerced into signing deed to my home and am doing all I can do to correct this . I noticed certificate was backdated a year and a day prior to me signing . Notary withheld first page of deed that indicated it was a deed . I was made to believe I was giving permission to do a title search on... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 24, 2024
Notary is an acknowledgement on a deed, so it is often placed after execution. If notary of your signature is before your signing, then hire a TN attorney to set aside the deed. There are probably some other pertinent facts here though.
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