Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
There is a leak inside the floor-ceiling cavity that has been there for at least two years that has caused significant water damage to the unit below. The leak is just past the p-trap under my tub and has just been found. I believe our condo docs are clear that the rough plumbing in the walls is... View More
answered on Dec 22, 2023
You are wise to seek legal advice before writing a letter. However, online internet forums are not the place to get actionable legal advice. My suggestion is to retain an attorney knowledgeable in condo law or perhaps in construction law (probably a toss-up as to which is "better"). Any... View More
listing " All windows has been upgrade to double panel, insulated and hurricane proof vinyl windows." After the purchase I researched the windows and they are indeed not what is listed. Talked to the original installer. thanks Frank
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023
In Florida, if you purchased a condo based on a broker's listing that claimed the windows were upgraded to hurricane-proof, and later discovered this to be untrue, you might have grounds for legal action. The key issue here is whether the broker's representation about the windows was a... View More
We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023
In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization.
If a new... View More
They don't send paperwork showing the yearly budget but recently requested an extra 100 for "insurance" to be added to the monthly fees and I've written to the president many times asking for documents of the roof because I need it for a discount on getting the condos insured.
answered on Dec 18, 2023
You need to send a certified letter, return receipt to the registered agent of the association (look for your association on www.sunbiz.com) requesting to inspect the official records. Requesting copies of documents is not a proper request and the association has no duty to send copies. The... View More
Placement of well according to septic engineering should be much closer to my home and out of the easement.
answered on Dec 14, 2023
Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More
I am trying to sell a mh I own. It is located in a mh park. According to the lot contract, it says it can not be moved. This is preventing the sale. People want to move the mh onto their property. Is this legal in FL?
answered on Dec 13, 2023
No. Florida Statute 723.058 (10 provides that
"No mobile home park owner ... shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile... View More
Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More
answered on Dec 13, 2023
Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More
Our HOA discovered a home being used as an airbnb. Our CCR's don't specify against them but do against businesses restricting commerce, industry, business, trade or profession. Since Florida requires an airbnb to be licensed and our CCR's restrict businesses can we prohibit them?... View More
answered on Dec 12, 2023
First, I caution that if you are a board member, you have a fiduciary duty to ask this of your association attorney rather than strangers on the Internet who have not read your documents. If your HOA doesn't have one, it needs one. Board members cannot amend association documents because... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You will want to take a look at the clerk of the court probate documents in the county where this took place, there should be status and resolution updates related to the home and other matters related to probate and assets. You may end up having to hire your own probate attorney if this is... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to... View More
The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2023
You are describing construction lien law.
The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation... View More
The dock in closed due to disrepair. There is a section of dock on the land side of a gate but still over the water. I say it's part of the dock. Is it? Shouldn't I be allowed to smoke there?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023
In determining whether the section of the dock on the land side is part of the dock for the purposes of smoking, it's important to refer to the specific language of the cooperative's bylaws and any other relevant governing documents. These documents may define what constitutes the... View More
This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In Florida, the "Save Our Homes" homestead exemption is specific to the property that serves as the primary residence for the homeowner. Adding your mother to the deed of your new home as a co-owner could have some implications for the exemption.
Partial Exemption: If you add your... View More
This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023
What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More
Can the Board Schedule [FOR SEVERAL DAYS] a Voting on Amending the Declaration of Restrictions in Order Garner THE TWO -THIRDS MAJORITY of the Lot Owners Required TO APPROVE of the Amendment Even Though the BYLAWS SPECIFY THAT ALL MEETINGS MUST FOLLOW ROBERTS RULE ??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
In Florida, homeowner association (HOA) boards must adhere to the governing documents of the association, which typically include the bylaws and the declaration of restrictions. If the bylaws of your HOA specify that all meetings must follow Robert's Rules of Order, then this procedure should... View More
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More
Florida Statute 720.303(3) says, “A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.” Our HOA Board feels that a summary of votes is sufficient, but I know that “all” refers to the entire group as a whole,... View More
answered on Nov 28, 2023
If the vote is unanimous for or against it is sufficient, in my opinion, to say the vote was unanimous. If you are a board member, this is a question for your association attorney and not for questions posed to strangers in an internet forum, even if they are lawyers. Your fiduciary duty is to... 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.
