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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: buying a property in FL. Old survey and legal description has an easement 20' ingress and egress/util and drainage.

however, the legal description on the last 3 warranty deeds contains no mention of the easement. I would like for it to be included in the legal description when I purchase. May I insist it be included to the title agent?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2021

Sure, you can insist. But in any event the easement is appurtenant to the property you are buying so You will own the easement.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

1 Answer | Asked in Real Estate Law for Florida on
Q: My grandmother lives in a house that was left to her and her siblings in their fathers will.

The will never went through probate and my grandmother has lived in the property openly and unchallenged by her two surviving siblings for over 10 years. She has paid the property taxes each year herself. Is the property legally hers? If so, how do we make it official and if not, what can we do to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 22, 2021

Your grandmother needs to hire a real estate/probate attorney to resolve this issue. It is not something that can be resolved with general advice on the internet and the attorney would have to review the last deed and the will.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: What kind of action can I take in order to get my portion of money that my father left behind after he passed in 2000?

There is no will, the deeds to the house/property has forged signatures but there are two "executors". I guess they were in charge dispersing the assets/money evenly between me and my siblings.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 21, 2021

In Florida, what is called an executor elsewhere is called a "personal representative". If the PRs submitted a petition in court to "probate" your father's estate, you would file a motion in that court. You would need an attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My Dad is in nursing home and mom has 3 months to live (cancer) and wants to gift house to her brother. Can she do that
Phillip William Gunthert
Phillip William Gunthert answered on Feb 21, 2021

Probably not if the property is Homestead Property. A surviving spouse has rights to a Homestead Property unless a prenuptial or postnuptial agreement is signed. As a general rule, a parent is able to leave their assets including a home to whomever they wish as long as there is no surviving spouse... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Are home owners allowed to view the bank statements of a Home Owners Association?
Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 18, 2021

Yes, these are official records and subject to disclosure.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a property in FL is purchased in marriage and titled in my name ONLY, will it be divided 50/50 in case of divorce?

I purchased a condo in VA two years ago when I was single. Last year I got married. We are thinking about moving to FL. The plan is to sell my condo and buy a similar property in FL. The property in FL will be in my name (my spouse has premarital property at another state). If we get divorced... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Feb 18, 2021

If you do not get a prenuptial or postnuptial agreement in place then your spouse will have substantial rights to any marital property in a divorce or in a probate, this is especially so as it relates to Homestead Property in the State of Florida. Any assets you want to keep separate you must... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: My dad has three properties, his health is poor, do the properties go to those named in his will or those on the title?

My dad is in poor health, he is unresponsive. He noted in his will he will leave all estates to his children, split amongst them. Currently, aside from my dad listed on all three of his properties; my brother is listed on the title of one property, my grandmother is listed on one, and the same... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

If the Will is Probated, then whatever interest your Father has in the properties will go through the Will devise or the residuary estate clause. If no Will, then his Heirs take his interest. You have not stated the exact estates in the Deeds, but apparently your Father is possibly a Tenant In... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own 45% of a mortgage on a home ( was for investment) the property was sold for taxes a year ago, Never was notified

I had a summons for a quiet deed sent to me Fri. I was never notified . The home owner left 10 yrs ago . Home was abandoned. They paid back taxes. .the home owners name is on summons. I have the mortgage on the property. It’s in Ga. I am the mortgage holder.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 16, 2021

You should be asking your question in Justia > Ask a Lawyer > Georgia.

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can I do a stipulation with a 30 day notice?

I have a 30 day notice and I have more than half the amount needed to settle but my complex will not agree to a payment plan.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 10, 2021

It's not clear what you are asking about, but no: both parties have to agree to all the terms in any stipulation.

1 Answer | Asked in Real Estate Law for Florida on
Q: Am I able to abandon real property in Florida (Lake County) if I can’t sell it or give it away? How much time elapse?

I no longer want to be legally responsible for mobile home park (HOA) fees and property taxes.

Thank you.

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 9, 2021

It would take a few years for the county to issue a tax deed certificate and auction the property off. The HOA is likely not going to go away so easy. Walking away from the property is not going to relieve you of liability and it just depends on how aggressive the HOA is in going after the debt.... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: The condo board won't pick up certified letter requesting records. What do I do now?

Two other owners and myself have sent several certified letters requesting financial records but they wont pick the letters up because they know what they are and don't want to give us the records.

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 8, 2021

You could report them to the Department of Business and Professional Regulation (DBPR) at myfloridalicense.com, but with the pandemic the response time might be slower than usual. The other option is to send them by courier or hire a process server. Typically, unless you have a discounted service... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: While digging, we broke our neighbor's new sprinkler system, which was unknowingly routed onto our land. He wants 2 sue?

There is no easement in place for it on my survey at all since it's brand-new, nor was there one for the previous owner of his home even if it wasn't new. According to our survey, it's 100% no doubt about it on our property. We have been nothing but nice and willing to work with him,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

And you want to know if you are liable? No. But if he does sue, ask your homeowner's insurance company to take care of it. by getting an attorney for you.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can I have legal/financial problems for not paying taxes on vacant land lots?

Can I have legal/financial problems for not paying taxes on vacant land lots ( Seabring, Highland County, Florida) that my ex-husbands purchased back in 2004 on my name? I stopped paying taxes and other fees on this lots 6-7 years ago, and worry if eventually county can put lean on my house that is... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 1, 2021

The county can auction off the property for unpaid taxes in a tax deed sale. Your bigger concern is if there are any code enforcement violations which have generated fines. If Code Enforcement issues fines it can record liens which attach to any property you own. You also have liability if... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Florida Real Estate Law , mistake made on closing document

We sold our house in October last year in Florida. All closing documents were prepared by buyers attorney. We (sellers) were also represented by our own real estate attorney.

The buyers attorney just realized that she made a mistake in the closing document and overpaid us $3000. They... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 1, 2021

It looks like a mutual mistake. Yes, they are probably entitled to the refund.

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: Home with both spouses on the deed and in registry as owners. No prenup. Does it matter one spouse provided the funds?

Bought during marriage, registered in both names, both names as “buyers” on deed. Bought with funds one party had before marriage, but from joint checking account. House in Puerto Rico.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 31, 2021

If the separate funds were deposited into a joint account, the funds have been commingled or mixed and became marital before the purchase even happened.

The courts normally do not look any further than title on real property. So if title is in both spouses' names, it will be...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord died and I was gave Certified letter stating they will not be renewing my lease do to his realtor selling

The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a barn on my ex mother in laws property that was built while my daughter lived there in a mobile home. She has

Moved what is my legal right to remove the barn.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 27, 2021

Barns are usually considered a part of the real property, and so you would not have the right to remove it. But perhaps you could recover the amount by which the barn improved the value of the real property.

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