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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.
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 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
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
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.
The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.
My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have... View More
answered on Aug 29, 2023
If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a... View More
I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More
answered on Aug 29, 2023
Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More
What rights do I as the widow have in regards to seeing for damages for feeling I was uninformed.by my late husbands parents about having a mortgage? His father made me sign docs in provate a month after I lost my husband. I was never told anything about the homes debt or mortgage. He told me the... View More
answered on Aug 29, 2023
It is unlikely that you would be entitled to any significant amount of damages regarding a debt that pre-existed your relationship with your husband. However, it would not hurt to explore the possibility as part of your foreclosure defense. There are a lot of factors to cover prior to making a... View More
was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More
answered on Aug 29, 2023
The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More
The day I was given to defend myself they wouldn’t let me speak and unilaterally decided to postpone hearing me until their following meeting in 15 days
Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More
answered on Aug 23, 2023
It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.
My mother recently passed, I had I believe 50% tenant in common ownership our home for about 6 years & resided as my primary residence there for 40, the property was solely hers for 30 some years with Homestead exemption before I was added to added . Upon her passing I inherited the remainder... View More
answered on Aug 22, 2023
This is a question for the real estate attorney you have representing you in the transaction. Anyone buying or selling real estate needs to have one because so many things could go wrong, including title issues, tax issues, undiscovered liens, boundary issues, etc., etc.. While I am sure you are... View More
He did not realize it would not go just to me. My name was not on the house. He left them cash.
answered on Aug 22, 2023
Sure, if your children now own the house, they can, if they want, convey it to you. There may, of course, be tax consequences.
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