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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: I have paying my daughter's mortgage since 2008 including water and electric bill.can I requested a share if they sellin

If they are selling can I request a share of the sale of the house

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2022

Let's be clear. You are not on the mortgage but have voluntarily paid your daughter's mortgage since 2008. Your question is if your daughter elects to sell her house, can you ask for a share of the proceeds.

The answer is no, and yes. You are a stranger to the mortgage company -...
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2 Answers | Asked in Real Estate Law for Florida on
Q: My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against

My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 24, 2022

Your friend needs to get a second opinion or post the question herself. It is the unlicensed practice of law for you to give her legal advice, even second hand. She should have a lawyer that specializes in condo law.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against

My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

She can file several types of "lien", including a "lis pendens" and what is called a "mechanic's lien" in most states. But the contractor can't foreclose unless and until they obtain a judgment, levy upon the judgment and obtain title to the property. It... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am a co-signer For my son’s mortgage loan. InColoradHe wants to apply for a revolving line of credit with another bank

Using the house as collateral. The application requires me to sign a deed trust to them. It appears that if the loan becomes in default ie son dies, they have the option to auction the house without my concurrence. Is this legal? Or accepted practice? I live in deltona Fl. The house is in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

Apparently, the use of deeds of trust is more common in Colorado than in Florida. It would be like a second mortgage. So yes, it's probably "legal", although the bank may have to pay off the first mortgage if the house is sold at a default.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Im a landlord. I need to try to evict a tenant
Barry W. Kaufman
Barry W. Kaufman
answered on Jun 21, 2022

Knowing how to evict a tenant is Landlord 101. Here's what I recommend that you do:

1. Hire an attorney to handle this tenant removal from start to finish. We can't get you up to speed in a Q&A forum.

2. Assuming the attorney you hire is someone whom you will want to...
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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA LAW. Board meeting minutes.

is 30 days considered a reasonable timeframe for the minutes or draft minutes to be provided to the membership following a board meeting?

Jane Kim
Jane Kim
answered on Jun 20, 2022

The unapproved minutes should be available for inspection upon written request, just like any other official record. Also, you can disseminate your own synopsis or narration of the meeting.

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2 Answers | Asked in Real Estate Law for Florida on
Q: FL HOA LAW. Board meeting minutes.

is 30 days considered a reasonable timeframe for the minutes or draft minutes to be provided to the membership following a board meeting?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

The draft minutes are official records until they are converted to final form and approved. All they have to do is write "DRAFT" across them. This comes from arbitration and court rulings. There is nothing in the Florida Statutes that requires the minutes to be approved within a... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Aunt filed unlawful detainer. and told to move I'm on ssdi. what can I do for help

3 rivers won't help says conflict of int. I bought shed from a family member that doesn't live on property and I have been paying rent since Jan 2019 w/no complaint. It has electric and water. She let a granddaughter, kids, & her boyfriend move a shed & camper here and they made a... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2022

You could try the Fla. Bar Lawyers Referral Service and ask for a Low Fee Panel attorney - see https://lrs.floridabar.org/

However, in the event that there is no law that protects you from the code enforcement authorities, there is little or nothing a lawyer can do. Schedule a consultation...
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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: My fiance and I are splitting up and my name is on the deed to our townhome. I would like to move out. How do I proceed
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 18, 2022

You can move out but you have an ownership interest in the home, may have equity and might be liable for a mortgage. If you signed the note you are liable for the debt. If you didn't sign the note you are not liable for the debt but would named in any foreclosure if your fiance doesn't... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My father passed away left the house to me and my brother I have lived here for fifteen years by myself

Now he is moved in the house has not paid anything has not paid taxes is calling the police on me weekly for no reason unfounded reasons is there anyway I can get him out of my house without having to sell it and give him half the proceeds

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 18, 2022

Unfortunately your only legal remedy is probably partition, which means buying your brother out. It doesn't necessarily mean that the house must be sold but he will be entitled to his share of the equity. You can argue and should receive credit for maintaining the house all of the years that... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I’m currently building a home and have paid the deposit. What happens in the event of my death? Is the deposit forfeited
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2022

You paid a deposit to the builder and the deposit was to be applied toward the total cost of the home? If you were to die before the job is finished, your estate would owe the contract price, less the deposit. If your personal representative decides, for some reason, to cancel the contract, the... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: is there a way to evict someone out of a house if they own 50/50 but don't actually help pay for the house & other bills

My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I initiate a quit claim deed. I have transferred an unimproved land parcel from one IRA custodian to another.

The custodian receiving the parcel is asking for a recorded quit claim deed. The transferring custodian says I need to obtain it, forward to them and they will sign it and send to receiving custodian.

Jane Kim
Jane Kim
answered on Jun 13, 2022

A quitclaim deed is a form that a lawyer can draft for you.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can florida home owners association board of directors vote to approve bylaws?

Our Florida homeowners association is 12 years old. We've only ever had CC&Rs. The new board has sent out a notice that in a day there will be a meeting and new bylaws will be passed. Never held a meeting to let us look over new bylaws or suggest changes. The board states they are able to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 7, 2022

CC&Rs and bylaws are two different documents. The CC&Rs are covenants, conditions and restrictions that run with the land and include affirmative covenants (duty to pay assessments) and restrictive covenants (restrictions on land use). The CC&Rs also give authorization to the HOA to... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Real Estate Law for Florida on
Q: If I purchase a model home from the builder who wants to lease it back for 6-7 months what insurance should he carry?

I'm struggling to find a home policy that will cover my liability during the builder lease back period as they say residence is being used for commercial purposes. In the tenant policy they have this but is that enough to protect me?

18. RISK OF LOSS/INSURANCE.

A. Landlord and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

I'm sorry your question remains open for three weeks. This could be something that an insurance professional would be in a better position to advise on than an attorney. An insurance broker would probably want to discuss the situation more thoroughly than is possible in the brief question... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Terminate commercial lease

I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.

Can I pay all my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... Read more »

2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 6, 2022

You do not become a joint owner of the fence. You are not allowed to attach anything to their fence without permission from the owner of the fence. I doubt they will give you permission now. Your best option is to put posts on your land and attach the fence to your posts. You might need to... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Partition costs (again)

I am asking this question for the second time as the first answer I received implying I had a lawyer and should ask them was totally incorrect .I am very respectful and appreciate this format and would appreciate genuine help in the direction I need to move. The reason I know what a partition is,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

Yes, the co-owner should be required to share the expenses of partition whether or not that person has an attorney.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Partition costs (again)

I am asking this question for the second time as the first answer I received implying I had a lawyer and should ask them was totally incorrect .I am very respectful and appreciate this format and would appreciate genuine help in the direction I need to move. The reason I know what a partition is,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

But your first question indicates that by "expenses of partition", you mean attorney fees. No, it is not likely that either party would be required to pay the other party's attorney fees. Shareable expenses might include the costs of selling the property, etc., but attorney fees... Read more »

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