Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am currently a tenant at an Apartment Complex and am scheduled to move out in one month. Unfortunately, I find myself in a situation where I need to terminate my lease with the least possible repercussions.
Over the past five months, I have been experiencing severe disturbances caused by... View More 
answered on Oct 16, 2023
Ordinarily, you will be liable for rent for the balance of the lease term minus any rent the landlord may receive from a new tenant may pay for the balance of the lease term plus the landlord’s cost, if any, of reletting (eg advertising, broker commissions, etc)
I need your help please, HOA want to charge me a lot of money for something I didn't do. they missed the Mediation that was set by the court and now they set another mediation that is not set by the court and I am not sure if I should join or not?
answered on Oct 11, 2023
There's not enough facts to provide you with general help and this really goes beyond the scope of this website. You need to hire your own lawyer who is experienced in community association law or you will be out gunned in this fight.
Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?
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answered on Oct 10, 2023
In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More
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answered on Oct 10, 2023
In Florida, interrogatories and requests for production are distinct discovery tools. Interrogatories are written questions that require written answers under oath, whereas requests for production ask a party to provide specific documents or tangible evidence. While both are part of the discovery... View More
answered on Oct 10, 2023
No you don't have to wait but if you are not familiar with interrogatories, requests for production, requests for admissions and the Florida Rules of Civil Procedure, you might be better off hiring a lawyer. Generally, when a post is made in the real estate section there is a lot at stake.
answered on Oct 10, 2023
Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through... View More
I live in FL, purchased a home with my BF, we broke up, he vacated and was removed from the deed. He told me his homestead exemption did not transfer/port to his new residence. He wants me to re-file another homestead exemption. This will cause my home to get reassessed in this inflated market and... View More
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answered on Oct 9, 2023
Your boy friend needs to file a new homestead exemption on his new property. It does not follow the person or transfer. You may want to double check with the county about your homestead and file one, if you haven't done so under your name. Your real estate taxes will not go up by electing for... View More
Law enforcement told us we had to leave that the daughter of the owner doesn't want us there. But the property is still of deceased
answered on Oct 5, 2023
When a property owner dies the ownership passes to the heirs. Unless you have a signed document (like a lease) to live in the property then you do not have any legal rights. You might be able to sue to recover the back taxes that you paid on the property but that does not give you an ownership... View More
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
I was working with an investment agency who turned out to be a bunch of crooks to try to sell the home in my parents estate. I suspect he photo copied my signature off the contract, which is filled with manipulative verbiag, to use on several petitions to the court to change the address for all... View More
answered on Sep 27, 2023
The first step would be to consult with attorneys.
The next steps are likely to petition the Court. Thereafter, it would be to initiate a lawsuit against the fraudsters.
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
payments, and the owners had to prove they owed the money. This event occurred in 2010 which the HOA claimed the first missed payment happened in 2010, and it is now 13 years later, but the HOA never filed for foreclosure or placed a lien on the unit.
Is there a statute of limitation... View More
answered on Sep 22, 2023
Yes, it is very likely that the statute of limitations has run on HOA assessments from 2010 unless some action has already been filed and is pending relating to the missed HOA dues. Schedule a free consultation to make sure your rights are protected.
We have been tenants in a house for 7 years. The last few years, we have been given and signed lease renewal offer letters. The owner is now trying to sell the house (its not on the market) to people who want to live in the house - we have 11 months left on our new lease - is the lease renewal... View More
answered on Sep 21, 2023
A lawyer would need to read the lease and the renewal offer to make that determination.
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
Can the tenant sue me as I’m the owner or is it between them and the entity they are renting from?
answered on Sep 19, 2023
If something happens a lawyer would sue every possible person or company liable, especially you as the owner.
As mentioned above, three people are on the lease house. I took out a loan so my in-laws could get a home. They now live in that house. However the name on the house is me, my wife and her mother. If someone wanted to sell the home what would happen. How would this be divided? We never had anything... View More
answered on Sep 18, 2023
If one of you wanted to sell the home, the proceeds would be divided three ways, equally. As I understand it, you, your wife, and her mother own the property and your mother-in-law, and her husband live in the house. The house could be sold subject to the lease (if all three owners agree), but... View More
I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More
answered on Sep 14, 2023
Unfortunately, when you purchased the property, you purchased it subject to all superior interests including the one that was recently foreclosed. Your only recourse at this point would be to collect any surplus from the most recent foreclosure auction. Schedule a free consultation to discuss... View More
I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag
answered on Sep 14, 2023
It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":
"1. The United States flag.
2. The official flag of the State of Florida.... View More
If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?
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answered on Sep 12, 2023
In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More
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