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First paragraph while answering my complaint individually. Is that just a game they’re playing because I looked up some of their other cases and they say the same thing or is it a real motion that I need to defend?
answered on Oct 23, 2023
It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More 
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
answered on Oct 22, 2023
It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we... View More
answered on Oct 22, 2023
This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.
I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement
answered on Oct 23, 2023
You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More
I would like to add some one to my deed, please tell me which form should I use. We would like to establish joint tenancy with the right os survivorship. I do not want to ransfer the property to their name only have two people on my deed. Thank so much for your help.
answered on Oct 21, 2023
I would encourage you to speak with a real estate and or estate planning attorney in the state where the property is located. based on what you are precisely trying to accomplish and why will make a big difference with respect to what you may want to consider doing. For example, is this property... View More
can the myfloridaccess.com be used to serve interogatories?
answered on Oct 20, 2023
After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More
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answered on Oct 17, 2023
After a defendant answers a complaint in Florida, the next step is typically for the plaintiff to file interrogatories. Interrogatories are written questions that are served on the other party to the lawsuit. The other party is then required to answer the interrogatories in writing. There is no... View More
Someone did a balloon mortgage loan so I wouldn’t lose my house for 30,000 for 2 years I paid interest now it is time to pay the 30,000 I don’t have it could I lose my house?
answered on Oct 16, 2023
Losing your house to foreclosure is only one option of many. You could also: 1) Negotiate a modification, 2) Refinance, 3) Sell the property and cash in equity, 4) Answer the foreclosure to set up a defense that buys you enough time to find alternate living arrangements, 5) Bankruptcy to clear up... View More
I am currently a tenant at an Apartment Complex and am scheduled to move out in one month. Unfortunately, I find myself in a situation where I need to terminate my lease with the least possible repercussions.
Over the past five months, I have been experiencing severe disturbances caused by... View More
answered on Oct 16, 2023
Ordinarily, you will be liable for rent for the balance of the lease term minus any rent the landlord may receive from a new tenant may pay for the balance of the lease term plus the landlord’s cost, if any, of reletting (eg advertising, broker commissions, etc)
I need your help please, HOA want to charge me a lot of money for something I didn't do. they missed the Mediation that was set by the court and now they set another mediation that is not set by the court and I am not sure if I should join or not?
answered on Oct 11, 2023
There's not enough facts to provide you with general help and this really goes beyond the scope of this website. You need to hire your own lawyer who is experienced in community association law or you will be out gunned in this fight.
United States v. Joseph G. Moretti, Inc., 331 F. Supp. 151 (S.D. Fla. 1971)
US District Court for the Southern District of Florida - 331 F. Supp. 151 (S.D. Fla. 1971)
September 2, 1971
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answered on Nov 9, 2023
If you're looking for information on how these cases affect your current situation regarding access to water, you should review the most recent and relevant case law or statutes, as the implications of the case may have evolved over time. It would be advisable to consult with an attorney who... View More
Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?
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answered on Oct 10, 2023
In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More
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answered on Oct 10, 2023
In Florida, interrogatories and requests for production are distinct discovery tools. Interrogatories are written questions that require written answers under oath, whereas requests for production ask a party to provide specific documents or tangible evidence. While both are part of the discovery... View More
answered on Oct 10, 2023
No you don't have to wait but if you are not familiar with interrogatories, requests for production, requests for admissions and the Florida Rules of Civil Procedure, you might be better off hiring a lawyer. Generally, when a post is made in the real estate section there is a lot at stake.
answered on Oct 10, 2023
Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through... View More
I live in FL, purchased a home with my BF, we broke up, he vacated and was removed from the deed. He told me his homestead exemption did not transfer/port to his new residence. He wants me to re-file another homestead exemption. This will cause my home to get reassessed in this inflated market and... View More
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answered on Oct 9, 2023
Your boy friend needs to file a new homestead exemption on his new property. It does not follow the person or transfer. You may want to double check with the county about your homestead and file one, if you haven't done so under your name. Your real estate taxes will not go up by electing for... View More
Law enforcement told us we had to leave that the daughter of the owner doesn't want us there. But the property is still of deceased
answered on Oct 5, 2023
When a property owner dies the ownership passes to the heirs. Unless you have a signed document (like a lease) to live in the property then you do not have any legal rights. You might be able to sue to recover the back taxes that you paid on the property but that does not give you an ownership... View More
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
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.
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