Get free answers to your Real Estate Law legal questions from lawyers in your area.
Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.
30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a... View More
answered on Mar 8, 2023
There are legal remedies available, of course.
The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and... View More
Son and daughter in law cared for aging parents (homeowners) until their deaths. No WILL. Son continued to pay the mortgage payments until mortgage was paid off. Home developed a slab crack and insurance was cancelled. Home burned to the ground Jan 1 2018. there is no building just land. My... View More
answered on Mar 7, 2023
Here is from a basic Google search:
Please call our Customer Service Department at 1-800-414-1226 or 1-800-438-1832 (TDD/TTY Hearing Impaired Only) to find out if your loan is subject to recapture or to receive payoff information.
There is no way anyone can address the rest of your... View More
I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).
answered on Mar 7, 2023
Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.
Whether he can sue you for some amount as compensation for the contributions he has made, and... View More
If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?
answered on Mar 4, 2023
Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More
Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... View More
answered on Mar 3, 2023
Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.
It is a good thing you asked... View More
Single family residence in Miami-Dade county. The deed for the property is on my name and my mother's name, she lives there full time, claims homestead, while I live in another city in FL. If either party passes away, does the survivor automatically receive the others 50%? The deed identifies... View More
answered on Mar 2, 2023
Not under the current circumstances. You hold title as tenants in common. You would need to have a deed that shows you and your mother as joint tenants with right of survivorship.
Plumber says “may be wipes” septic pumped and guy who pumped says “saw some wipes” in tank. Renter denying they use wipes and doesn’t want to pay bill. Plumber uncovered entire line to sewer. No cracks, tree branches in lines. Worked fine after clog removed. Septic guy pumped tank and... View More
answered on Mar 1, 2023
You should take your lease to an attorney to determine who might be responsible for that sort of thing.
Manatee county, Florida. Background: HOA of 99 residences, 66 single family homes, 30 villas, with dissimilar services, separated by a county highway. HOA Board controlled by SFHs. Services denied or delayed by HOA Board to the villas.
answered on Feb 27, 2023
It depends on the language in the HOA documents and any shared amenities. It's impossible to say how much it would cost because it would likely require litigation if the board is not in agreement. It could cost anywhere from tens of thousands of dollars to up to $200,000 or more if it goes... View More
If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... View More
answered on Feb 27, 2023
In order for the property to be considered part of the trust, known as corpus, the deed to the property must be in the name of the trust. In this case, it sounds like the settlor, the person who created the trust, had not transferred it to the trust and still owned it in her individual name.... View More
Amendment requires 75% approval and passes but I vote against it. Am I grandfathered in under old docs?
answered on Feb 27, 2023
No, you are not grandfathered because you voted against the amendment. The amendment itself would have to specify those would be grandfathered under the previous rule.
(1) Back in November 2022, I received a Cease & Desist Letter effective immediately and permanently to send emails for the health, safety, and welfare of the Management Team. If I didn’t do what they told me, they would file litigation against me. The 9 or 10 emails in a 5-month span that... View More
answered on Feb 27, 2023
You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.
The management company may be deflecting... View More
I receive the right to stay at the exchanger’s home or guest points which allow me to stay at any home in the system. My condo board says I am “renting” my condo in violation of the condo documents which limit leases to twice per year, minimum of 2 consecutive months. Are they correct?
answered on Feb 26, 2023
It's impossible to answer without reading the condo docs and the details of this exchange program. See an attorney with the docs.
They are completely disregarding almost all aspects of FL statute 718 and refusing to accept my certified return receipt mail. That is my next step?
answered on Feb 25, 2023
File a complaint against the management company's license with the Department of Business and Professional Regulation at myfloridalicense.com.
I agreed to do a quick claim deed transfer when I got behind on my taxes and in the deed it states that I agree to pay $500 a month to rent and also had the option to buy my property back within the first year for $10,000 my year ain't up but he's selling my property and tearing down the... View More
answered on Feb 20, 2023
You need to take a copy of the deed and any paperwork to a real estate lawyer immediately. Lawyers cannot give you advice based on a document they have no way to review in an online forum. Time is of the essence in this case so consult with a lawyer as soon as possible.
Buying property with trailer from the owner. The agreement was pay $10kdown &$10k a year on 5/1 for a total of $40k. Owner said if we dont pay the full $10k May1st we have to give the property back. A few months after we moved in the owner who is also our neighbor started harassing &... View More
answered on Feb 16, 2023
The issue involving whose responsibility it is to pay the property taxes should be readily resolved by reading the terms of your written agreement.
It would be highly unusual for an attorney to omit such a provision from your agreement. Even if your attorney omitted it, the seller’s... View More
Hello! My parents are deceased, and their home is on a reverse mortgage. I received a summons for personal service on a natural person from the mortgage company attorney, who is also a debt collector. I need to respond in writing within 20 days. From what I can tell, they wish to foreclose on the... View More
answered on Feb 15, 2023
If you don't respond, a default will be entered against you. That just means that you are cut off from raising any defenses later. The default paves the way to a judgment, which in this case, means that any legal interest you might have in your parents' home is foreclosed, or... View More
onto our side of the fence and it's damaging our belongings and could potentially get us injured or killed if we are standing near the impact of the tree. also let me mention that the trees that fall down often break our fence slowly, we have tried asking them to cut them or something but they... View More
answered on Feb 13, 2023
Your neighbor is liable for any dead tree or limb from their property that falls onto your property and causes damage. You may trim any limb or root from a tree or vegetation that extends onto your property whether living or dead. You need to make sure you determine exactly where the property line... View More
I bought a property which is around 205k from a foreign seller, we signed FIRPTA and I lived in the property for more than a year (13 months). I was planning to live in it but I am looking to buy another property and I want to sell it. What should I do ? Can I sell this property even if I... View More
answered on Feb 13, 2023
If a transferee/buyer of a United States real property interest (USRPI) fails to withhold from the amount realized in reliance upon the exception that the transferee/buyer planned on using the USRPI as a personal residence for the next two years, but did not in fact reside at the USRPI for the... View More
answered on Feb 10, 2023
No. You only own the property for as long as you are alive. When you die, the remainderman will have title. As the life tenant, it would be your responsibility to pay for upkeep and property taxes.
The state wants to give me a ticket for hunting and fishing after the Treaty of Middle Plantation gave me rights. What should I do?
answered on Feb 7, 2023
Yes, that treaty was signed with the British government and tribes in Virginia in 1677. It was with specific tribes located in Virginia. Florida was not a British colony during this time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.