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How can we terminate the contract? The contract has a 60-day notice which we did not meet, now it is renewed for one-year and we are obliged to keep paying even though we won't be in the office.
answered on Jul 5, 2022
No, if you mean that you pre-paid the lease payment for the last month, and it is a 12-month lease.
answered on Jul 4, 2022
Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get... View More 
The estoppel only said delinquent and in collections but had no dollar amount as I understand it if I purchase the property I will have to pay any delinquent amount owed by the previous owner but how would I know how much since it is not listed on the estoppel
answered on Jul 2, 2022
If it is in collections it should have given the name and address of the attorney handling collections. You need to hire your own real estate lawyer before you bid on a foreclosure. There could be other liens that are not wiped out in a foreclosure.
negotiate with my landlord.
My question is, does it matter if I hire a lawyer out of state?
I know a good lawyer in New Jersey, but I am living in Florida.
answered on Jun 29, 2022
Your lawyer cannot practice in a state in which he is not licensed. It's probably not practicing law to negotiate a payment if no suit has been filed, but the choice must be made by the attorney.
I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .
I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... View More
answered on Jun 29, 2022
You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.
Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... View More
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answered on Jun 29, 2022
A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.
If they are selling can I request a share of the sale of the house
answered on Jun 28, 2022
Let's be clear. You are not on the mortgage but have voluntarily paid your daughter's mortgage since 2008. Your question is if your daughter elects to sell her house, can you ask for a share of the proceeds.
The answer is no, and yes. You are a stranger to the mortgage company -... View More
My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in... View More
answered on Jun 25, 2022
She can file several types of "lien", including a "lis pendens" and what is called a "mechanic's lien" in most states. But the contractor can't foreclose unless and until they obtain a judgment, levy upon the judgment and obtain title to the property. It... View More
Using the house as collateral. The application requires me to sign a deed trust to them. It appears that if the loan becomes in default ie son dies, they have the option to auction the house without my concurrence. Is this legal? Or accepted practice? I live in deltona Fl. The house is in... View More
answered on Jun 22, 2022
Apparently, the use of deeds of trust is more common in Colorado than in Florida. It would be like a second mortgage. So yes, it's probably "legal", although the bank may have to pay off the first mortgage if the house is sold at a default.
answered on Jun 21, 2022
Knowing how to evict a tenant is Landlord 101. Here's what I recommend that you do:
1. Hire an attorney to handle this tenant removal from start to finish. We can't get you up to speed in a Q&A forum.
2. Assuming the attorney you hire is someone whom you will want to... View More
is 30 days considered a reasonable timeframe for the minutes or draft minutes to be provided to the membership following a board meeting?
answered on Jun 20, 2022
The draft minutes are official records until they are converted to final form and approved. All they have to do is write "DRAFT" across them. This comes from arbitration and court rulings. There is nothing in the Florida Statutes that requires the minutes to be approved within a... View More
I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... View More
answered on Jun 20, 2022
HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... View More
3 rivers won't help says conflict of int. I bought shed from a family member that doesn't live on property and I have been paying rent since Jan 2019 w/no complaint. It has electric and water. She let a granddaughter, kids, & her boyfriend move a shed & camper here and they made a... View More
answered on Jun 19, 2022
You could try the Fla. Bar Lawyers Referral Service and ask for a Low Fee Panel attorney - see https://lrs.floridabar.org/
However, in the event that there is no law that protects you from the code enforcement authorities, there is little or nothing a lawyer can do. Schedule a consultation... View More
answered on Jun 18, 2022
You can move out but you have an ownership interest in the home, may have equity and might be liable for a mortgage. If you signed the note you are liable for the debt. If you didn't sign the note you are not liable for the debt but would named in any foreclosure if your fiance doesn't... View More
Now he is moved in the house has not paid anything has not paid taxes is calling the police on me weekly for no reason unfounded reasons is there anyway I can get him out of my house without having to sell it and give him half the proceeds
answered on Jun 18, 2022
Unfortunately your only legal remedy is probably partition, which means buying your brother out. It doesn't necessarily mean that the house must be sold but he will be entitled to his share of the equity. You can argue and should receive credit for maintaining the house all of the years that... View More
answered on Jun 15, 2022
You paid a deposit to the builder and the deposit was to be applied toward the total cost of the home? If you were to die before the job is finished, your estate would owe the contract price, less the deposit. If your personal representative decides, for some reason, to cancel the contract, the... View More
My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... View More
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answered on Jun 14, 2022
The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... View More
The custodian receiving the parcel is asking for a recorded quit claim deed. The transferring custodian says I need to obtain it, forward to them and they will sign it and send to receiving custodian.
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answered on Jun 13, 2022
A quitclaim deed is a form that a lawyer can draft for you.
Our Florida homeowners association is 12 years old. We've only ever had CC&Rs. The new board has sent out a notice that in a day there will be a meeting and new bylaws will be passed. Never held a meeting to let us look over new bylaws or suggest changes. The board states they are able to... View More
answered on Jun 7, 2022
CC&Rs and bylaws are two different documents. The CC&Rs are covenants, conditions and restrictions that run with the land and include affirmative covenants (duty to pay assessments) and restrictive covenants (restrictions on land use). The CC&Rs also give authorization to the HOA to... View More
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