If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

It's very unclear what your question is because you provide very little facts and a "third party property owner" is not possible. You either own property or you don't. You could have an interest in the property as a tenant, easement holder, life estate or some other interest.... View More

It's "legal", but perhaps not the best way to about it. Speak with an attorney first.

The word "necessary" is the key. For example, depending on the circumstances, it might be possible to access the monument without going over the property of others, but if the alternative route is much more difficult, it would probably be "necessary" to cross property of others.

So, they have acknowledged that they owe you the money; that is good. It is only a matter of getting the check to you. It appears to have been lost in the mail; that happens. Ask them to write you a new check and stop payment on the old one. Or consider picking it up at their office.

There is not enough information to answer your question and it would really need to be reviewed by a lawyer who can check any recorded documents against the property. The definition of a HOA is the duty to pay assessments to an association who has the authority to lien and foreclose on the... View More

there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... View More

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2022

$10 will be part of the consideration, in addition to the rest paid you. You need a FL attorney to advise you how to conduct a real property conveyance. Hire him to explain what a Warranty Deed is, and whether you should convey or not.

That does not make sense since insurance is a common expense. Insurance is not charged to individual units as a separate charge but included in the total of all expenses. The way budgets for condo associations work is the board determines how much is needed to pay all operating expenses for the... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2022

If they crash into your dock, you'd have a lawsuit against them.

If someone drowns and the heirs may blame you for poor maintenance of the dock.

Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:... View More

You should insist that at or before closing you get either a release of claim for the tiles signed by the previous buyer, or a bond from the seller and an agreement to hold you harmless should you dispose of the tiles.

You cannot sue unless you were damaged by other persons using your seal. But the documents that were fraudulently notarized may be invalid. You should immediately notify whoever issued your notarial bond; they may have serious liability issues.

The Marketable Record Title Act is a complicated piece of legislation. A title search has to be performed on all lots in the subdivision. Covenants can be expired against one lot but not another depending on language in any record title transaction going back to the "root of title."... View More

If you have an easement for access to your property, in general you have the right to maintain the roadway. So, within reason, the landowner cannot object if you make the improvements you mention.

Your son needs to consult with a real estate lawyer immediately. This is not something you are going to be able to resolve with advice on the internet because a lawyer needs to review the contract and any other documents he signed.

You have a duty to mitigate your damages but you also have to be careful with HOAs because they will claim you improperly removed one of their trees. Document with lots of pictures that are date/time stamped and then send the HOA a statutory offer of pre-suit mediation by certified mail, return... View More

I agree it doesn't seem right but Fla. Stat. 718.115(3) states "Common surplus is owned by unit owners in the same shares as their ownership interest in the common elements." It does not state it is owned by the unit owner who paid the assessment. Fla. Stat. 718.116(10) even states... View More

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... View More

The purpose of a closing is to protect you and the seller of the property. If you believe the "property has no mortgage or liens", you must have had a title search done, and presumably want title insurance to protect you in case whoever did the title search missed something. Also, the... View More