Get free answers to your Real Estate Law legal questions from lawyers in your area.
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More 
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.
answered on Jan 28, 2024
Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.
The elective inclusion of “Heirs,”included in sale and assignment forever:
1. What type of ownership does this deed provide and to whom?
2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??
3. If this... View More
answered on Jan 26, 2024
1. Title is in the grantee (the "single childless man").
2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he... View More
answered on Jan 24, 2024
It depends on how your mobile home park is organized. If you have a mandatory HOA (you own the lot and the home), then it would be in Fla. Stat. 720.303(1). If you rent the lot and have a voluntary HOA pursuant to Chapter 723 Florida Statutes, the park owner is not required to record the bylaws... View More
We have a front gate but a big section of our community does not have a barrier separating it from surrounding areas. We are trying to figure out whether or not it was false advertising and the builder is responsible for providing the additional barrier needed to gate in the full community or if... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
There is no specific definition about that. You may want to review your PUD (Planned Unit Development) documents filed with the county and your HOA governing documents, to determine if the final community reflects the governing documents.
It also depends what you are trying to get at... View More
The husband and wife buyers were both approve by the park. The couple chose to put the mobile home in the wifes name. They have not signed the lease yet.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
According to Florida law, it is not strictly necessary for both spouses to be named on the title to a mobile home or be co-signers of a land lease in order to have rights and privileges associated with the property. Some key points:
• Florida recognizes rights of a spouse with regards to... View More
Seems like a conflict of interest.
answered on Jan 6, 2024
An Executor (called Personal Representative in Florida), is entitled to 3% of the estate value for their role, if they are a real estate agent and it is agreed that they get 3% in that role, that would likely be fine as well. The real issue is that the property may or may not be qualified as part... View More
Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
In your situation, where there's a dispute over a property left by a deceased relative, you should seek assistance from an attorney experienced in probate or estate law. These areas of law deal with the distribution of a deceased person's estate, including real property like a home.... View More
Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
A list of legal aid providers can be found here: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information/Legal-Aid. If you are in Orange County, you are served by Community Legal Services of Mid-Florida, Inc.
Rotten support beam in roof, rusted in half drainpipe drywalled over, toilets installed incorrectly, large rotten area on wall under kitchen sink (water damage), things that were required to be fixed during first inspection that were not fixed and then ignored or just not inspected again even... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
Inspection agreements usually have disclaimers that they are not responsible for anything. However, these disclaimers do not hold up in court and there are other causes of action you can assert without suing them under the agreement.
Some known home defects or issues must be disclosed by... View More
USC Title 31 section 742 states “Except as otherwise provided by law all stocks, bonds treasury notes and other obligations of the United States Government shall be exempt from the state, local, and municipal authority. This exemption extends to every form of taxation that would require that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
The authority of states and municipalities to levy ad valorem taxes, which are based on the value of property, is not directly related to the provisions you mentioned in USC Title 31 Section 742 or Title 12 Section 411. These sections refer to the tax-exempt status of obligations of the U.S.... View More
seek an arborist and a professional tree trimmer. Of course I just received a letter from her attorney. They stated that in Florida the homeowner( or tree owner) is not responsible for any damage. They cited Scott v McCarty, 41So.3d 989 and Gallo v Heller 512 So2nd. Could you please verify this for... View More
answered on Jan 2, 2024
Those cases, from 2010 and 1987 respectively do rule that trees growing on a landowner's property are not nuisances justifying injunctive relief or damages. They state that what an adjoining landowner such as you should do is to trim the trees at your own expense.
You might want to... View More
Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More
answered on Jan 2, 2024
This is and will be a Florida Probate matter that will need to be addressed with the help of a probate attorney, the attorney will let you know the type probate that will be required and how to address any of your concerns and issues. The Will should be copied and reviewed by an attorney, the... View More
Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More
answered on Jan 2, 2024
If he left the property to you in his last will and testament, you don't need additional notarized document to that effect., because the will itself should have been notarized. A will doesn't take effect automatically; you should talk to an attorney about applying to the courts to have... View More
We've had access to are parking lot for over 50 years then a resort came in and put up a gate that we use to enter our parking lot and they put a padlock on it to keep us locked out from accessing it,is that legal
It is the only way into our parking lot is through access off a main... View More
answered on Jan 1, 2024
Best to schedule a consultation with a attorney handling real estate disputes, as there are a few issues to be examined, such as: Was the former owner's permission formalized into a recorded easement? (An easement is a permitted through-way of someone else's land.) If no recorded... View More
My partner was the only person who signed on the loan for the construction, after he signed I received a copy of the closing and the terms where not favorable at all and I feel I am on a loan that is designed to get high fees and interest not favorable and not as the private lender said, I want to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Private lenders are never known to extend fair terms. They are a lender of last resort when a conventional lender (a bank) will not extend a loan to you.
There is likely a personal liability with any lender, no lender would extend a loan without a personal guarantee, but since you did not... View More
My partner was the only person who signed on the loan for the construction, after he signed I received a copy of the closing and the terms where not favorable at all and I feel I am on a loan that is designed to get high fees and interest not favorable and not as the private lender said, I want to... View More
answered on Dec 29, 2023
If the agreement was signed the co-owner of the LLC, on behalf of the LLC, you could argue that the "partner" did not have authority to sign. Then, if you wish you might want to try to re-negotiate the terms. In any event, since it is an LLC, you are probably not individually liable.
He has a finalized contract and has been paying his monthly payment. He called and they said "escrow" amount increased so they had to increase his monthly payment. "Escrow"?? He has signed final papers on his original loan.
answered on Dec 27, 2023
Yes, escrow. Escrow is simply a term that basically means money held in reserve. A mortgage payment will increase or decrease over time depending on, generally, the cost of mortgage insurance and property taxes. As the insurance costs change, the mortgage payment will change and the mortgage... View More
He has a finalized contract and has been paying his monthly payment. He called and they said "escrow" amount increased so they had to increase his monthly payment. "Escrow"?? He has signed final papers on his original loan.
answered on Dec 27, 2023
Escrow refers to the property taxes and homeowner's insurance that are built into the monthly loan payment. If the taxes and/or insurance go up in any given year, the total monthly payment will go up to make up for the shortage. Both taxes and insurance are going up quickly in Florida. If you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In Florida, if you're facing a dispute over residential property taxes, there are professionals who can provide assistance. Typically, real estate attorneys or tax attorneys with experience in property tax law can offer guidance and representation in such disputes.
You can also seek... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
