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'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More 
answered on Jun 13, 2024
It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More
What can we do to stop this process of eviction
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answered on Jun 21, 2024
Based on the situation you've described, here are some steps you might consider taking:
1. Review your lease-purchase agreement: Carefully examine the terms of your agreement to understand your rights and obligations, especially regarding property maintenance and condemnation.... View More
We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx
answered on Jun 10, 2024
Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More
No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?
answered on Jun 8, 2024
Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More
Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida
answered on Jun 8, 2024
Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:
Duties of the Personal Representative
Fiduciary Duty:
The personal representative has a fiduciary duty to act... View More
The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More
answered on May 31, 2024
You are asking for trouble trying to do this yourself. No one should buy or sell property without a lawyer. I'm not saying that to make money for lawyers. I hired one myself for real estate transactions. There are so many things that can go wrong with this it would take volumes of... View More
The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More
answered on May 31, 2024
The buyer will typically want to do an independent title examination and possibly purchase title insurance. Those things are usually done through the closing attorney or title company. If the buyer accepts your proposition to transfer the deed yourself, you will also need to collect the appropriate... View More
If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.
answered on May 30, 2024
There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the... View More
answered on May 30, 2024
Yes, and you should try to avoid this outcome as it will take time and cost money to pursue what is called a Partition Action (Partition of Real Property), see Florida Statute 64 for specifics. I would encourage you to find amicable resolution outside of forced partition, if possible, in order to... View More
answered on May 30, 2024
Yes, any of the four people can file for a partition of the property which forces a sale of the property. The money from the sale is then divided between the four owners.
Schedule a free consultation to make sure your interest in the property is protected.
We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses
answered on May 29, 2024
If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More
We are buying a brand new home in Florida. Our lenders attorney said they can provide us with an “attorney opinion letter” in lieu of title insurance. Is this a safe way to go?
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answered on Jun 3, 2024
When buying a brand new home in Florida, using an attorney opinion letter instead of title insurance is a significant decision. An attorney opinion letter states the attorney's assessment of the title's validity based on a review of public records. While it provides some assurance, it... View More
I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street
answered on May 23, 2024
It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More
The seller left vehicles in the yard without tags or title. Code enforcement wanted them gone, we complied with code enforcement, now the seller is threatening us and trying to break the contract without the return of the down payment we made or the mortgage payments we made to them. What can we do?
answered on May 20, 2024
Your question is a little confusing as you use the phrase "mortgage payments we made to them." That suggests a completed real estate transaction which means a deed conveyed the property to you subject to a mortgage interest retained by the seller. An "agreement to sell real... View More
The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More
answered on May 20, 2024
The good news is that title to your home would have been transferred to you 35+ years ago when you bought the home by means of a deed recorded in your county land records. That is how the county appraiser and government entities know who to send the annual appraisal and property tax bills to.... View More
The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More
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answered on May 20, 2024
How did you "buy" this home? Typically, title transfers on the day of closing and then you pay monthly payments on a mortgage where your home is treated as collateral for the mortgage. But you own your home from the very beginning. Unless this was a lease contract with option to buy, then... View More
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
We inherited the property so we sold our house thinking it just needed a roof but after our house sold and we entered it was unpalatable so we have to replace it so we have somewhere to live but aren't sure of the steps for permits. We're in Pasco County Florida, not Orlando
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answered on May 1, 2024
Thank you for your military service.
As a 100% disabled veteran, you may be eligible for certain benefits and exemptions when it comes to permits and fees for replacing your trailer in Pasco County, Florida. However, you will still need to follow the necessary steps to obtain the required... View More
I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:
- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.
- It has come to... View More
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answered on Apr 30, 2024
Title Insurance procedures, requirements, etc. are not title law. I doubt that the absence of a uninterested spouse signing the Deed over to you is of any legal significance to your title. Hire an attorney, not a title company, to search that title.
I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:
- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.
- It has come to... View More
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answered on Apr 30, 2024
There is no way anyone can sift through this on this platform and provide legal guidance.
Please note that a lawyer at the title company is not your lawyer, so that s/he does not represent you and does not have your best interest in mind. Certainly, you must retain your own lawyer to... View More
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