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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

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1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: If a special meeting is called to remove a board member, do we still need the majority of the community vote in writing?

Florida statute 718.112 says 10% of the voting interest can call a special meeting to remove a board member. Would this be instead of the writing agreement? Who will approve or deny the request?

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The 10% threshhold is simply to call a special meeting. You still need to ensure that a quorum attends the meeting and that a majority of those voting votes in favor of removing the board member (unless your HOA by-laws required a super-majority).

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a notary certificate be backdated on a property deed and still be a valid property transfer?

I was coerced into signing deed to my home and am doing all I can do to correct this . I noticed certificate was backdated a year and a day prior to me signing . Notary withheld first page of deed that indicated it was a deed . I was made to believe I was giving permission to do a title search on... View More

Anthony M. Avery
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answered on Jun 24, 2024

Notary is an acknowledgement on a deed, so it is often placed after execution. If notary of your signature is before your signing, then hire a TN attorney to set aside the deed. There are probably some other pertinent facts here though.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

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

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Linda Liang
Linda Liang
answered on Jun 19, 2024

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.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2024

Assuming that there is a publicly dedicated right-of-way, the local government may or may not have a plan to build a road. Or, when the property was subdivided, they might have required the developer to build a road. As indicated, you should check with the county or other local government.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

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

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: We made a Lease-purchase agreement with the owner of the house we live in.The city will condemned the house in ten days

What can we do to stop this process of eviction

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Review your lease-purchase agreement: Carefully examine the terms of your agreement to understand your rights and obligations, especially regarding property maintenance and condemnation....
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1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: I’m a NY resident buying new construction in Florida. What are rules around using escrow $$ for developer const costs

We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jun 10, 2024

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

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: In Florida, do you have to make payments on house mortgage while it’s in probate?

No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?

James Clifton
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James Clifton
answered on Jun 8, 2024

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

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can the executor who was appointed by the heirs as there was no will for an estate,

Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida

James Clifton
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James Clifton
answered on Jun 8, 2024

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...
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2 Answers | Asked in Real Estate Law for Florida on
Q: can a seller of a condo fill out a warranty deed when selling to a cash buyer?

The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

James Clifton
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James Clifton
answered on May 31, 2024

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

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2 Answers | Asked in Real Estate Law for Florida on
Q: can a seller of a condo fill out a warranty deed when selling to a cash buyer?

The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 31, 2024

You are asking for trouble trying to do this yourself. No one should buy or sell property without a lawyer. I'm not saying that to make money for lawyers. I hired one myself for real estate transactions. There are so many things that can go wrong with this it would take volumes of... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own in a Fl Hoa, and am been fined for two violations, without the violation committee involved.

If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2024

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

2 Answers | Asked in Real Estate Law for Florida on
Q: When there are 4 people on deed to house can a person now sue for there money back if no contract was signed
James Clifton
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James Clifton
answered on May 30, 2024

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.

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2 Answers | Asked in Real Estate Law for Florida on
Q: When there are 4 people on deed to house can a person now sue for there money back if no contract was signed
Phillip William Gunthert
Phillip William Gunthert
answered on May 30, 2024

Yes, and you should try to avoid this outcome as it will take time and cost money to pursue what is called a Partition Action (Partition of Real Property), see Florida Statute 64 for specifics. I would encourage you to find amicable resolution outside of forced partition, if possible, in order to... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do we as mobile home park owners have to show to rental residents proof of pass through expenses?

We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2024

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

2 Answers | Asked in Real Estate Law for Florida on
Q: Buying a brand new house in Florida is an attorney opinion letter ok to use instead of title insurance?

We are buying a brand new home in Florida. Our lenders attorney said they can provide us with an “attorney opinion letter” in lieu of title insurance. Is this a safe way to go?

James L. Arrasmith
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answered on Jun 3, 2024

When buying a brand new home in Florida, using an attorney opinion letter instead of title insurance is a significant decision. An attorney opinion letter states the attorney's assessment of the title's validity based on a review of public records. While it provides some assurance, it... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: a home preservation promised to have my foreclosure dismissed. Instead I now have 3 days to evict can I get an extension

I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street

James Clifton
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James Clifton
answered on May 23, 2024

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

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