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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

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2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2022

Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

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2 Answers | Asked in Real Estate Law for Florida on
Q: is name of preparer and 3x3 block.required on a florida deed

does grantor name have to match exactly as legal id

Jane Kim
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answered on Dec 1, 2022

Yes, preparer's name at the top left is a requirement. Not exactly sure what you are trying to compare but legal ID is a number. Grantor's name must be the actual full name of the person or entity, which should match the name of the grantee from the immediately preceding deed. And yes,... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: What are the requirements to execute with such formalities as are required by law in the US Virgin Islands?
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 1, 2022

Depending on what you are executing, real estate deed, Will, Power of Attorney, Trust, other contract ,etc., you will at least want to look up the statutes and or speak with an attorney that works in that area of law in that region of the world, generally, and this is very generally, it involves a... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: if a deed is filed in florida with only one witness and a notary. when is it deemed invalid and require a corrective dee

is the name of the prepairer required on a deed in florida

Jane Kim
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answered on Nov 30, 2022

Improper deed will become a problem at the time of sale or whenever someone comes along challenging ownership. It should be corrected as soon as possible.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Is it illegal for the Lawyer that closed on my house to just keep the past due tax money and did not pay the taxes.

This lawyer collected over 7 hundred dollars of tax money from both myself and the seller at the closing 15 July 2022 and as of 28 Nov. 2022 he still has not given the tax money to the Pinellas County government. Both my realtor and myself have tried for the past month to get him to pay the 2021... View More

James Clifton
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James Clifton
answered on Nov 30, 2022

If you believe the lawyer is mishandling funds entrusted to him, contact the Florida Bar Association. It is helpful to have written documentation of your requests to the attorney to turn over the funds as well as any responses from the attorney.

1 Answer | Asked in Real Estate Law for Florida on
Q: if a quit claim deed in florida is invalid due to only one witness signing can the notary sign later as the second witne

deed is 8 years old but was filed recently

James Clifton
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James Clifton
answered on Nov 30, 2022

If the notary saw the grantor sign the deed 8 years prior, the notary can then sign the deed at a later time as a witness. The witness's signature does not have to occur precisely at the same time as the grantor's signature. However, most notary blocks reference the grantor acknowledging... View More

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

You should read and thoroughly understand your financing documents. But let's assume that there's nothing in the financing documents that prohibits you from adding her. Adding someone to a deed or the title to a car, to whom you are not married might be one of the poorest decisions anyone... View More

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a change in building ownership get me out of a lease

The lease I signed over a month ago for the upcoming tern of august 2023-july 2024 has the owners name at the time on it. However since then the ownership of the building has changed and it is no longer the owners that are on the lease I signed. I was wondering if this is a loophole i can use to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2022

No. The new buyer takes ownership and possession subject to your lease, and the previous owner has or will assign its rights to the new owner.

1 Answer | Asked in Real Estate Law for Florida on
Q: I am a realtor trying to find out when a property will go to the courts

I have a client who wants to purchase a property that is in forclosure. I need more information regarding this property

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 22, 2022

No one should buy or sell real estate without a lawyer representing them. It's part of the cost of doing business and can prevent big losses. You can locate the name of the owner by searching the address on the property appraiser's website. Then you can find the case by searching the... View More

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 15, 2022

You absolutely need an attorney to handle this for you. The contract and real estate law issues you are dealing with are fairly complicated. There is unfortunately no way to give you a direct answer or guide you through the process through here due to the issues involved. You should at least set up... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can an ex-girlfriend remove my name from original warranty deed W/O my knowing,perm, presence,& added hers,new owner
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2022

Initially hire an attorney to search the title. Then possibly examine possible causes of actions to cure the title if erroneous. You will need a FL attorney with experience litigating real property.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an x girlfriend remove my name from origwarranty deed with a quit claim w/o my knowledge or permission?

I bought home from old employer,all persons involved, notary,witness and preparer,I never signed anything or was present when this occurred

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2022

While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 14, 2022

It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.

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1 Answer | Asked in Real Estate Law for Florida on
Q: My brother and I have a timeshare together in Florida. I would like to take my name off of the deed but would like half

of it if he dies or sells it. Is there a way that I can do this if he agrees to the terms?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

In general, your brother and you can quit claim (a type of deed) your share to you. He can put it in his Will that you get the timeshare when he dies. Of course, he can change his mind at any time and change his Will, and he doesn't have to tell you.

Specifically, you should consult a...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Can my HOA increase my dues by 159% because the developer (who still owns 2/3 of the lots) won't pay their share?

The developer controls the board until all properties are completed/sold. The HOA explains the increase like this: The main reason for this increase is due to the delays in constructing the second phase of The Links, which has meant the whole of the Association has been relying on only one-third... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 7, 2022

You cannot find the statute because there is not one that addresses this issue. Any assessment increase caps are in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for your HOA, which we cannot review in this online forum. Caps were popular decades ago but most modern... View More

2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 6, 2022

Section 475.17(1)(a), Florida Statutes, requires you to be a high school.diploma graduate or equivalent, as the minimum education level, to be a licensed real estate agent

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