Yes, the HOA has the right to determine the level of the credit score they feel is acceptable.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

The annotation of the mortgage is a stated exception to an otherwise clear title, but all other encumbrances are warranted against. That is proper, but apparently being a special warranty deed some of the normal four covenants of title are not made in that instrument.

Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2023

Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More

Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").

That statute requires that he make... View More

Most HOA documents have restrictions against signs except for "for sale" or "for rent" signs. Check your Declaration of Covenants, Conditions and Restrictions to see if they have such a provision. You probably are required to submit an application before making any changes to... View More

If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More

You didn't ask a question.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

Call a FL attorney, tell them of your assets, liabilities, and family situation. Ask for advice about what to do, and possibly hire them to draft appropriate instruments.

Yes, this would be called a Partition Action", I would encourage you to try to avoid this costly undertaking and find common ground and agreement with your sibling via a buyout/refinance or agreed upon sale and to avoid the Partition Action, if this is not possible, then a force sale or... View More

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

Initially hire a GA attorney to investigate the real properties. At least a title search is required, possibly looking at a probate file or other Court records. If no will, then probably Father's heirs own property, which may include you. Determine heirship and thus owners as tenants in... View More

All of those are official records, so, yes, they must allow you to inspect those records if they were included in your request. Generally, an association does not have to generate any reports they do not use in the normal course of business but they do have to keep the receipts and invoices for... View More

If you held the title as tenants in common with your ex-husband, his children are entitled to half of the proceeds from the sale, if they are his only heirs. However, the divorce decree may have a provision in it relating to the disposition of the real estate which could affect how the title to the... View More

The Clerk of Court in the county where you reside or own property maintains an online lien database. Go to the website and search the records to determine if there is a lien that is still active. You can also hire an attorney or title company to do a lien search if you can't figure it out.

I am very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this sad and difficult time. Based on what was done and what needs to be done you should speak with a Florida Probate Attorney, it will also depend on who survived your... View More

Your name cannot be removed from a deed without your signature. If your ex-husband forged your signature on a deed removing you from title, you can challenge that now to prevent the sale, or in the alternative, receive half of the proceeds of the sale. Schedule a free consultation to have the deed... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

You are not the owner of the property, so yes, the owner can refuse to allow your inspector access. If an agreed purchase contract is entered into, then make sure you have pre closing inspection rights.