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Florida Real Estate Law Questions & Answers
3 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: I thought land could only be sold under a Treaty and the Treaty of Adams and Onis that was signed in 1819 was the Treaty

The Treaty of Adams and Onis are not the original Treaty on this land. The Treaty of Middle Plantation is the real Treaty and all of the land sold in America was sold illegally.

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

The Adams & Onis Treaty is the operative document for land ceded to the United States by Spain south of 31 degrees N latitude. That is sovereign source for deed searches.

The Treaty of Middle Plantation was between several Native American tribes that previously existed in norther...
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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Are there any precedents in Florida statutes that pertains to members being required to participate property maintenance

We have premium no cost privileges that some members benefit from (ie dock spaces) but do not participate in any repairs or maintenance to include the actual dock.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2023

The word "precedents" refers to reported (generally appellate) court decisions. Such decisions normally interpret statutes. So, no. Whether members are required to participate would depend on the governing instruments of your organization.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sue a impact window company for installation error and poor quality?

Hi gurus I’m wondering if I can sue an impact window company that has ruined my house due to coarse installation methods and worker negligence. The impact windows themselves are also starting to loose gas and change color. Please let me know if I have a case. Thank you.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2023

It is impossible to say whether you have a case without reviewing your contract and warranties. You likely need to follow warranty instructions.

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Can I request a bond from the person suing me for unjust enrichment and equitable lien?

My bitter ex is countersuing me after kicking him out of the house I solely own. He has no justification or proof of his claims. After 6 years, he placed a Lis Pendens on my property in December and we were just awarded a Lis Pendens bond, which he will not be able to acquire and the Lis Pendens... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

Interesting issue, but your post is very puzzling. If your ex is suing you with counts of unjust enrichment and equitable lien, I imagine he has an attorney either representing him or advising him (if he's not an attorney himself), and if so, how can he afford that if he has no income or... View More

1 Answer | Asked in Land Use & Zoning, Libel & Slander, Real Estate Law and Tax Law for Florida on
Q: Can I do a counter claim against the personal rep over a Estate ?

My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... View More

James Clifton
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James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

1 Answer | Asked in Real Estate Law for Florida on
Q: I got message via email(digidoc) that both parties had signed the session, is that legally binding for both parties?

I signed the agreement using the digidoc link my realtor sent me and after signing it from my side I got email message back from digidoc (noreply@mailgun.esignonline.net) that both parties has signed session:

"

Congratulations!

All parties have signed the... View More

James Clifton
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James Clifton
answered on Jan 28, 2023

You can download a copy of the document and verify that the other party has signed it. There will be a digital time stamp with the other party's signature if they have in fact signed. Follow the Digidoc instructions to retrieve the signed document.

2 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 28, 2023

It can but you should see a real estate lawyer to make sure that type of deed is in your best interest. If not done correctly it can cause you more money and trouble than it's worth to save a few dollars. You should also check to make sure it would not accelerate your mortgage and the total... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it customary for a Buyer to sign a Warranty Deed to the Seller for a property purchase?

I'm in the process of buying a land plot. And the Seller is requesting that I sign a Warranty Deed to him in the event of a default. But the Warranty Deed doesn't include any language about it only being valid in the event of a default. Should the Real Estate Agreement, which specifies... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

No, don't sign the warranty deed. And the agreement probably is not adequate either. A mortgage note secured by a mortgage is the proper way of doing this. You need to consult with an attorney.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

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3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
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1 Answer | Asked in Real Estate Law for Florida on
Q: my father and I were both listed and signed mortgage loan agreement as manager members LLC. How did he removed me ?

both of our names were on loan agreement as managing members and both signed , some how my name has vanished and I've lost my 100k investment

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 25, 2023

Vanished from where? A lawyer would need to review the deed and your LLC documents to give you advice on this matter. There are not enough facts to even provide general advice.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 24, 2023

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I filed a quit claim deed put my daughter on the deed. If she is sued, is the property liable.
James Clifton
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James Clifton
answered on Jan 22, 2023

Yes, if your daughter is on title to the property, any judgments against her are also against the property. I have seen cases where the property is lost to the judgments of a child who was placed on title. Also, if she has prior judgments against her, they will have already attached to the... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: We are a condominium unit of 36 undivided units in Miami.

We are a condominium unit of 36 undivided units in Miami. We are currently 4 board members and one of the four holds the position of president. This president went crazy and does not talk to us. The administrator cam resigned on January 4 due to the discussions and today the president intends to... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 20, 2023

You can remove him as an officer (president) by a majority vote of the board but he will still be a director. All business is conducted by a majority vote of the board. No director has more power than any other. A president just has more duties but not more authority.

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Pamela J. Fero
Pamela J. Fero
answered on Jan 20, 2023

In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can a mortgage company create a mortgage out of thin air and try to foreclose none of their dates line up

can a 2nd mortgage be taken out on a home before the first mortgage is even paid off and if so is it possible for the first mortgage company to give the deed to the home owner while there is a supposed 2nd mortgage still out there. I ask this question because a mortgage company is trying to take... View More

James Clifton
PREMIUM
James Clifton
answered on Jan 18, 2023

It is possible to take out a second mortgage while a first mortgage is on the house. The deed to the house is delivered to the homeowner regardless of whether the house has mortgage liens on it. It is not the same as a car title where the lender holds the title until it is paid off. To determine... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Is there any legal action I can take for the situation described? Should I hire an abornist to have as evidence?

There is a huge tree that is about 5 feet away from my townhouse that I own. The tree is owned by the HOA. The tree is causing damage to my property but the HOA refuses to allow me to cut it down.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 16, 2023

If the tree is diseased then, yes, hire an arborist. If the tree is not diseased but causing damage to your property (actual not potential) then you would need to decide if it is worth litigating. You would need to engage in pre-suit mediation first.

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