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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: What forms/documents I need to pay the neighbor downstairs for bathroom toilet leak?

Hello,

I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I just need to add my wife name to the deed of my house that t own freely. What form do I need? I live in FL. Thanks
Jane Kim
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answered on Mar 6, 2024

A quitclaim deed does that then record it in the county where the house is located.

1 Answer | Asked in Real Estate Law for Florida on
Q: How can I get pro-bono legal aid with HOA dispute demanding mitigation or get sued in Clearwater, FL? Thank You.

Excerpt from letter HOA's attorney said - select 1 of 5 mediators listed and sign and return. "In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or pre-pay the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 5, 2024

Experienced HOA lawyers do not do cases pro bono. Pro bono and contingency cases are for cases that involve bodily injury or big damages; otherwise lawyers are investing a huge amount of time and not getting paid, so it's not generally not a good business decision for them. You can try... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My sister and I have lived in our owned home for the past 40 yrs but just realized the title does not have jtwros if we

File a quit claim deed to include jtwros to our current title will this trigger a reassessment on our taxes ? Or loss of our soh exemptions in Florida ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 2, 2024

Quitclaim deeds tend to cause more problems then they solve. Consult with an estate planning attorney to see what your options are to resolve this. A self-executing will might be a solution, depending on your situation.

1 Answer | Asked in Real Estate Law for Florida on
Q: My home deed has a different last name than my Florida drivers license license is in birth name addresses match ss numbe

Numbers match how can they deny my homestead application

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 2, 2024

You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

T. Augustus Claus
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answered on Mar 1, 2024

As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 19, 2024

Every attorney is different and every fee structure is different, it also depends on the type of legal help you are getting, probate, civil matter and litigation, real estate, etc., so it depends, the engagement contract should be clear on what is and what is not included as well as the hourly or... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: If I have a living revocable trust and my husband passed away and I'm on the warranty deed as as well as a quit claim

I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 14, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a Florida mobile home along with a roommate. The title is joined by, "and." Previously, the title was joined by, "

or." I took his name off the title. Then, he and I got a new title joined by, "and."

All transactions were perfectly legal.

He is threatening to sue me because he claims I did something illegal (what?; I do not know), and he is claiming that, since his mother bought... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 13, 2024

There's no way to tell in an online forum. You would need to take a copy of the title, the lease and any other documents you have evidencing an agreement or payments you made to a lawyer to review.

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 13, 2024

You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can a quick claim deed include assessment to new to owner and move out time in Quick Claim Deed to the stepkids

The moving of the owner is in a living revocable trust that stepkids get condo if owner moves. The quit claim will need the assessment that will be due for a new roof on the condo added to stepkids and a 6-week move out allowed by the owner of property added to get 20yrs of stuff moved to another... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2024

No. This is not possible in a deed of any kind. This sounds like everyone involved is trying to avoid using lawyers, which means that nobody knows what they are doing. It all seems so simple, but it isn't. I recommend that all person who wants to deed his or her property to someone else, hire... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?

My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.

T. Augustus Claus
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answered on Feb 9, 2024

It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: How to get out of a faulty real estate purchasing contract?

Hi, I need help and advice on a canceling a real estate brokerage contract without fee penalized My partner and I were trying to look into purchase a home together before marriage. Both of us are first time home buyers and are new to the knowledge of home purchasing. We were trying to get a house... View More

James Clifton
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James Clifton
answered on Feb 8, 2024

If you did not cancel the contract within the due diligence period, you forfeit your earnest money. If the $3,000 you reference was your earnest money, you will not be able to get that back. If there were pending inspections at the time of due diligence expiration, your agent should have requested... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?

Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 6, 2024

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Is there anything i can do if a friend goes back on a verbal agreement made 3 yrs. ago with purchasing property

I made a verbal agreement on purchasing a friends real property by taking over mortgage payments of said property . He assured me the property was mine as long as i made the monthly mortgage payments which i did . I also made improvements on the property throughout the last 3 yrs. , gave extra... View More

James L. Arrasmith
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answered on Feb 5, 2024

In situations where a friend reneges on a verbal agreement regarding property purchase, especially after you've fulfilled your part of the deal for years, you do have potential legal recourse. The fact that you made mortgage payments and improvements to the property, along with having text... View More

3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't...
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1 Answer | Asked in Real Estate Law for Florida on
Q: What could be the outcome when being sued by the person you share a mortgage with but are not married to ?

I share a mortgage with an ex partner that I never married. I paid the down payment as well as every mortgage payment since the beginning. She is now suing me for the house asking I sale the house and give her half. Will the court care that I’ve paid everything? Or does it not matter who has... View More

James Clifton
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James Clifton
answered on Feb 3, 2024

It sounds like she has filed for a partition of the property. As a co-owner, she is entitled to half of the property. However, her interest in the property is subject to equitable offset for expenses you incurred individually during the joint ownership of the property. You should be able to offset... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

T. Augustus Claus
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answered on Feb 2, 2024

In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More

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