Get free answers to your Real Estate Law legal questions from lawyers in your area.
I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More
answered on Apr 3, 2023
I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... View More
It's an open title with a 12-year pass of taxes for the property what can be done to put it in my name or a corporation's name so I can renovate it and put back on the market I am not going to keep the property so I'll still only have one
answered on Mar 31, 2023
You need to consult with a real estate lawyer in your area to read the mobile home park documents to determine what is your best option. Generally, such restrictions are not effective against inherited property but you need to make sure the documents do not contain any language that might defeat... View More
Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of
dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.
answered on Mar 30, 2023
May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More
We have kids together so I let her stay there now she has a guy coming over and staying anything I can do to stop him from being able to move in my house?
answered on Mar 30, 2023
There is a simple solution. Force a sale of the house through a partition action. If the property cannot be evenly split, which is very difficult with single-family residence property, the court will order a sale. Get a free consultation to confirm your situation works for a partition action, but... View More
answered on Mar 29, 2023
The property will only go to you if the deed has joint tenancy with right of survivorship language included in it. If not, her half of the property will go to her heirs. Please feel free to reach out for a free consultation.
I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?
answered on Mar 29, 2023
No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... View More
Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!
answered on Mar 28, 2023
No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.
Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??
answered on Mar 28, 2023
In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... View More
He wants me off deed after he puts name on deed whats my rights to keeping my house ???and no mortagage I paid out of my bank account only does he need consent to do this if so will u be able to help me in florida??!
answered on Mar 28, 2023
No one can force you to take your name off of a deed. If your name is the only name on the deed, then you own the property 100%. If you added his name to the deed, then you own an undivided one-half interest in the whole property. If two or more people cannot agree regarding title to the property... View More
answered on Mar 28, 2023
Yes, the personal representative can sell the personal property. When and if the court orders and holds a foreclosure sale, the buyer would get title to the real property, and would not get the personal property.
My mother is looking to add me on the deed to her home using a quit claim deed. I am currently living in the home and making payments. However she filed bankruptcy a few years ago and the home was discharged, so she is no longer financially responsible for the home. I read somewhere that if she... View More
answered on Mar 28, 2023
It is highly likely the creditor could demand payment in full once the deed is recorded. See a real estate lawyer to discuss the possibilities and to prepare a proper deed if one is advisable. Quitclaim deeds cause more problems then they solve. You should consult a real estate lawyer who is also... View More
Im buying property from a seller in a divorce situation. One of the parties is refusing to leave home. Seller has filed multiple motions in court. Court requires a POA and a neutral 3rd party witness for Defendant's signature. Seller has lead me to believe this would close quickly but it has... View More
answered on Mar 22, 2023
Without a court order, you cannot purchase the property. You definitely cannot purchase the property from only one party, especially if it is marital, homestead property. You cannot force one party to sell during the pendency of the divorce either. If you are using a real estate agent, this would... View More
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... View More
answered on Mar 20, 2023
The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... View More
I was told anything inside the unit os the condo responsibility. Insurance company is not reliable. Can you help me I have little money want want to be insured. I live in the bluffs marina.sprinklers and pipes are breaking. Thank you
answered on Mar 20, 2023
A condo lawyer would have to read the Declaration of Condominium and Bylaws for your association to give a proper answer. Generally, anything from the bare sheetrock out is the condominium's responsibility and anything from the sheetrock in, including paint, floor coverings and other... View More
My water heater sits in a pan with a well maintained drain, so the risk of flooding in the event of a leak is mitigated. Can the board legally require replacement, under the threat of legal action to enforce? Our bylaws make no mention of an authorization to require replacement of water heaters... View More
answered on Mar 20, 2023
Probably. Most modern water heaters have a life of 10 years if you are lucky. The consequences of a water heater failing could be more than just a leak filling up a pan and could flood your unit, which would damage adjacent units. If the condo association adopted this under their Rules and... View More
A buyer presented me with a contract with an inflated purchase price of $120,000 more. He is using a DSRC loan to buy it. He added an addendum stating I woud return $120,000 to him at closing for property management and maintenance. I was hesitant on signing and his broker told me because its a... View More
answered on Mar 19, 2023
A DSCR loan is a debt service coverage ratio loan. It is a special type of investment loan that compares debt service, interest and principal paid on a loan, to the net operating income of the property. However, what this buyer is describing is mortgage fraud, and you definitely don't want to... View More
This property is located in Marion county, Florida
answered on Mar 17, 2023
If you buy that real estate, your rights to access it may well be addressed in Florida Statute 704.01 (way of necessity). For further information, review the statute here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0704/Sections/0704.01.html
Can I take legal action against her if she refuses to pay taxes, insurance & maintenance of property?
Please advise! Thank you!
answered on Mar 11, 2023
You could bring an action for waste and include a request for an injunction that would prevent further waste by forcing the life tenant to make repairs, pay taxes, and otherwise keep the property in good order. A partition action may not always be available depending on how the life estate was... View More
answered on Mar 10, 2023
The process is for the board to give notice of a meeting 14 days in advance of the meeting to vote on the special assessment. Once the assessment is approved the board needs to send out a notice to the owners of the special assessment. There is no specific law of when the assessment can be... View More
What can I do to stop them from ever entering the property again.
answered on Mar 8, 2023
1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;
2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to... View More
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