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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Gov & Administrative Law and Real Estate Law for Florida on
Q: Power of Attorney for Real Estate Property in Puerto Rico to use for Closing due to not traveling Covid-19 related.

I live in Florida, brother here lives in South Carolina. Want to name other sibling in PR to sign off on documents at closing (brother here will buy our parts and he will be putting the house in his name). Does the Power of Attorney need to come from Puerto Rico and does it need to be translated... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 20, 2020

The law of Puerto Rico may not be the same as the law in Florida. That's why you should have asked your question in Justia > Ask a Lawyer > Puerto Rico.

2 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Do I qualify for 1st time homebuyer if I wanted to purchase a 2nd property although I live in my bankrupted home?

My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 20, 2020

Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.

If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.

Lastly, I don't understand the last...
Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: i went through a bankrupcy and my home equity line of credit was discharged. do they still have a lien on my property ?

If I stop paying on the line of credit because its been discharged, can the keep accruing interest and late charges

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 18, 2020

It depends on they type of bankruptcy you went through and what the plan included. If it was a Chapter 7, then the liability to you was discharged but the lien remains on the property. If you don't pay, there will be a foreclosure. The difference is if the judgment is greater than the sale... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My husbands grandfather left him the house we've lived in for 27 years in his will. How do we change the name on

or add his name to the deed. We've made all the mortgage payments and will have it paid off in the next five years. His grandfather passed away in 2006 I believe, and my sister-in-law is the executor.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2020

You will want to have the current deed reviewed by a Florida Estate Planning/Probate or Real Estate Attorney, probably the best bet would be a Florida Probate Attorney as this is a probate matter. Of there was no probate ever done then it is possible and likely that a probate of some type will be... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I would like to buy a land in venezuela. Is it possible to close the whole transaction without going to venezuela?
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

That is not advisable unless the Parties are close friends or trusted family members. Hire a competent attorney in Venezuela to represent you. With that Country's problems, you are going to want a local that knows what is going on and knows how to get the proper government officials to do... Read more »

2 Answers | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: In my lease, I don't have a max occupancy but the landlord won't allow my elderly mother to move in. Is this legal?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2020

It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I just found out 4 years after closing on a house that the survery was never done. What can I do about it?

I am ready to put a fence around my house but found on my own digging online that there is an easment. I was not told this at closing nor did I ever recieve my survery. Turns out, the survery company never did the survey and yet I was charged for it at closing. What can I do about this?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2020

The purpose of a closing is to make sure that everything is in order. If you had an attorney represent you at the closing, the attorney would be the one to be called to task; otherwise whoever handled the closing for you. The long and the short of it is that you should have reviewed the documents... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: How do I evict someone who isn't a tenant--they were a live in girlfriend who refuses to leave?

She never paid rent. She has only paid a cable bill a couple of times in the last few years.

Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2020

You hire an attorney. If she had an agreement to pay rent, whether she did or not, makes a big difference and you cannot afford to screw it up, because the consequences can be a bitter pill to swallow if you are the landlord.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Bought a home in 2006 with ex g/f. She left in 2010, filed bankruptcy in 2013. Is she entitled to money if I sell?

When ex-girlfriend filed bankruptcy, it released her from the note on the home we purchased together. She is however still listed on the deed. I have paid every month on time and now wish to sell the home. Is she entitled to half of the profits even though she left in 2010, filed bankruptcy and... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

No. It belongs to you.

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: In FL can I hold (not allow access to) packages received in our office for residents who are not current on their rent?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 9, 2020

Absolutely not. You would likely be charged with theft.

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do I remove My boyfriend name from my house we are no longer together and he has judgement s that placed liens.

It is homesteaded property if i just quitclaim him off the deed will it remove him and his judgments? He also has the same name as his father and his father judgement liens are attached to my property as well. Please advise. He is willing to sign quitclaim and transfer his rights to me.

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 4, 2020

The only way to remove someone off of a deed is to get them to sign the deed. Once the judgment liens are recorded they are not removed until they are satisfied. You could possibly resolve the judgment liens from his father with an affidavit, but that will not solve all of your problems. You... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I am on deed with my daughter. If she sells my home am I entitled to 50% is the sales price?
Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

You have not stated the exact estate of you and your Daughter. You all could be tenants in common, life estate/ remainder, etc. That should determine your share of the proceeds. Obviously there is no sale without all owners conveying, so if you are not satisfied, do not convey.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I have my POA represent me as far as hiring a Real Estate Agent and handling the sale and closing on a

jointly held residential property?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 2, 2020

If the POA gives your attorney-in-fact (the person designated in the power of attorney) the power to sell the property, yes you can. An attorney-in-fact is not, however, entitled to practice law, so if there is litigation involved that person could not represent you in that.

2 Answers | Asked in Civil Rights and Real Estate Law for Florida on
Q: Can my aunt be sued for living in a house that is now foreclosed?

The title owner of the house passed - her sister (who was NOT put on the title) lived there for 10+ yrs. is now staying with me. She got served yesterday at my apartment. She just walked away from the house that is now foreclosed. She hasn’t a job and is collecting SS & food stamps. What do... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 2, 2020

The sister needs to consult with an attorney rather than you providing her legal advice you obtained online and could be misunderstood. There are options available, especially if the house has equity. The sister should consult with an attorney experienced in probate and mortgage foreclosure... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I own my rental property free and clear of a mortgage. How does the cares act effect my tenant regarding late fees?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2020

The CARES Act protections for tenants does not speak to late fees; and besides that SNAFU, it has expired.

1 Answer | Asked in Real Estate Law for Florida on
Q: I’ve put an offer in on a mobile home on a private lot the title search shows the seller owns the land but has no title

For the mobile home. The mobile home was titled 30 years ago. The land has sold a few times since. Can I legally purchase the land & mobile home?

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

This happens alot. With no Title Certificate transfer, you will never be the titled owner of the mobile home. You might get the seller to lower his price a little, then put on the Deed that a certain model and make of mobile home, with a certain serial/VIN number is also transferred along with... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

1 Answer | Asked in Real Estate Law for Florida on
Q: HOA enforces regulatory NO Dumping signage and in 2017 incured $275 fee. Concern is HOA process violates FL statute 720.

There are signs posted if you dump you are fined. This is not the fining that occurs from the community governing documents or rules and regulations. If you park in the wrong spot you are towed, and you pay the towing fee to get your car back. If you dump, you absorb the fee to remove the dumped... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

It is impossible to answer your question without reading your HOA documents. Sometimes documents have special provisions that allow HOAs to charge homeowners an individual assessment for certain violations. You would need to consult with a HOA lawyer to review not only your Declaration of... Read more »

3 Answers | Asked in Landlord - Tenant, Probate and Real Estate Law for Florida on
Q: what should I do I am in dispute between two co-owners of a property in a probate and I am a tenant

i was taking care of elderly man he passed away i am paying rent without a lease the property is in probate. I am paying rent to the elderly mans daughter and the other dispute is with his deceased wife children. Due to me being a tenant and paying rent to one party I am getting pressure from the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 29, 2020

I advise you to move. Give each party 15 days notice in writing or longer, before the next month's rent is due.

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