The answer to this question depends on whose property this road is to cross. If the property belongs someone else, you have to obtain an easement, right to use, from the owner. If the property belongs to the city, you may want to talk to the city.

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More

Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act... View More

Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024

We are a real estate attorney, title company and litigation firm that practices in the entire state of Florida. How can we assist you

There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the... View More

Yes, any of the four people can file for a partition of the property which forces a sale of the property. The money from the sale is then divided between the four owners.

Schedule a free consultation to make sure your interest in the property is protected.

The buyer will typically want to do an independent title examination and possibly purchase title insurance. Those things are usually done through the closing attorney or title company. If the buyer accepts your proposition to transfer the deed yourself, you will also need to collect the appropriate... View More

If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More

It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More

Your question is a little confusing as you use the phrase "mortgage payments we made to them." That suggests a completed real estate transaction which means a deed conveyed the property to you subject to a mortgage interest retained by the seller. An "agreement to sell real... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

How did you "buy" this home? Typically, title transfers on the day of closing and then you pay monthly payments on a mortgage where your home is treated as collateral for the mortgage. But you own your home from the very beginning. Unless this was a lease contract with option to buy, then... View More

There's no statutory penalty.

I recommend that everyone who buys or sells real estate in Florida have a lawyer represent them in the transaction. There is no set fee because every lawyer is different.

You may lose your homestead exemption. Hire an attorney to review your situation and advise you on the best course of action.

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024

Absolutely not if residential. That’s calls self help eviction and very frowned upon. Speak to a lawyer to assist you

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.