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AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?
answered on May 22, 2023
If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... View More 
answered on May 22, 2023
Maybe, but there’s no legal requirement to do so.
Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular... View More
Which she accepted and I wrote her a check. As executor of my mothers estate she authorized the home title change solely to me. Three years later I sell the home and she now is suing me for more money. What are my options and does she have any kind of case.
answered on May 20, 2023
You would need an attorney to review the complaint she filed to figure out the basis of her claim. If there was a written agreement that clearly outlined that you were purchasing her portion of the house that she would inherit, that agreement would likely be upheld. If it was an oral agreement, you... View More
A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new... View More
answered on May 19, 2023
Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More
I was under contract for the sale of my condo and in the contract that is signed, it states in section 20 under the addendum and additional terms line 5 states that if buyers failed to close for any reason they would forfeit the $30,000. deposit of earnest escrow which was written by their agent.... View More
answered on May 18, 2023
Almost every rider to a contract has the following language, "Where this Rider is in conflict
with the terms of the Agreement, the terms contained in this Rider will govern." This means that if the condo rider has a contingency that gives the buyer the option to cancel the... View More
In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "
On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More
answered on May 16, 2023
Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... View More
The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More
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answered on May 8, 2023
Florida law requires sellers to disclose any known facts that materially affect the value of the property that are not readily observable to the buyer. This includes any prior flooding or water damage, even if it has been repaired. The disclosure must be made in writing, and the seller must... View More
I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More
answered on May 4, 2023
If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... View More
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More
answered on May 3, 2023
While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... View More
answered on May 3, 2023
If you are going to buy or sell real estate you should consult with and hire a real estate lawyer. They can make sure the proper paperwork is completed to protect you in these types of situations plus look out for many other issues that might be a problem.
I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... View More
answered on May 2, 2023
In general, the trustees, not the beneficiaries, decide how to administer the trust, including the making pf decisions such as where the trust funds are deposited.
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... View More
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... View More
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... View More
Several City Departments working hand in hand with rich real estate developers at the expense of working class by not applying their own laws and ordinances for the former. We have proof of several violations and refusal to act. Willfully unadressed violations so far include Illegal tear down of... View More
answered on Apr 27, 2023
It's more of a political question than a legal one. Run for office or support a candidate with whom you agree on these issues.
My friend is cash poor and really needs the money from the sale of these properties. Her brother refuses to sell because he wants to leave the properties to his son. My friend has a medical condition and needs the money for insurance, medications and the like. She can't cover basic living... View More
answered on Apr 22, 2023
Yes, your friend can sue for "partition" of the property. It would be sold, and the proceeds distributed to the owners.
Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More
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answered on Apr 21, 2023
From my NY perspective, it seems that if you did not accept the original offer and sign the original agreement before they changed the offer and asked you to sign a different agreement, it's up to them whether to honor the original deal. But I see no legal requirement that they do so.
I purchased a home (AS-IS) in South Florida on July 20, 2022 and didn't move in until mid-August. Pre-buy inspection mentioned mold samples taken from HVAC and had pictures of perfume sticks in HVAC vents. It also had pictures of a flood in front of the unit. I discovered a broken pipe behind... View More
answered on May 5, 2023
A Florida attorney could advise best, but your question remains open for three weeks. I could only address issues related to the category posted under, Personal Injury. A local real estate attorney would have insight into the other issues relating to disclosure, inspection, and property damage. In... View More
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's... View More
answered on Apr 14, 2023
Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old,... View More
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