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i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again. it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/
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answered on Aug 19, 2024
You will have to argue your Motion in Court...
Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.
answered on Aug 19, 2024
The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.
I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.
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answered on Sep 2, 2024
Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.
i. Warranty Deed: Provides the highest level of protection,... View More 
Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More
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answered on Aug 19, 2024
Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.
I received a mail from the Tax Collector that is 3 real estate homestead penalty from the government for 2021, 2022, and 2023 and amount total is $9,600. However, those years of my mortgage statement shows that the taxes were paid.
Do I need to go to the office of the property appraiser to... View More
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answered on Aug 17, 2024
First, carefully review your mortgage statements to confirm that the taxes were indeed paid for those years. Ensure you have all the necessary documentation showing the payments, including receipts or confirmations from your mortgage company. Sometimes, there could be an administrative error or... View More
HOA supposedly mistakenly granted a variance to a new neighbor for a fence that exceeds the allowed height for a conservation lot, that essentially drops my property value by the tens of thousands of dollars we are all HOA members that signed the same binding legal contract so why does he get to... View More
answered on Aug 16, 2024
Yes, it appears that you can sue for an injunction prohibiting him from having a fence taller than 4 feet, if that is what the covenants prohibit.
Lines were there for over 20+ years unknown to me (possibly to him) when our houses were bought. Neighbor suddenly "discovered" a leak on his property next to but not under pavers and DIY turned off my water supply at the meter. Don't know if neighbor actually CAUSED the leak or how... View More
answered on Aug 15, 2024
It looks like you have a prescriptive easement. At any rate, you would not be waiving any rights were you to decide to repair the water line.
The deed and mortgage are in my aunt and her husband's name. They want to add me to the deed. Do I need a quitclaim deed or some other document to do this? I keep finding 'free' quitclaim deeds online but at the end they ask you to pay. I don't mind paying but I need to know if... View More
answered on Aug 15, 2024
You want to name your aunt and uncle as "grantors", and all three of you would be named as "grantees".
answered on Sep 7, 2024
I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More
this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.
answered on Sep 6, 2024
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More
No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property
No appraisal since 8 years ago.
I have been caretaking the property for the last 3 years.
answered on Sep 5, 2024
A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More
given during closing. The title company, removed my name and filed the 1st page without my name, using the original 2nd page that was signed and notarized.
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answered on Aug 6, 2024
Hire a FL attorney to sue for Reforming A Deed now. Hopefully you have a copy of the original correct deed prior to it being recorded fraudulently. It is possible it was a title co. mistake, but in any case, hire a lawyer to search the title and file suit while representing you.
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
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.
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
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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?
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
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?
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.
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
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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?
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
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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.
answered on Jun 22, 2024
The term "squatter" is not used in the bill. See:
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0621er.docx&DocumentType=Bill&BillNumber=0621&Session=2024
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