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Florida Real Estate Law Questions & Answers
Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Is there a clause where a joint owner can be removed from a house deed without their knowledge or consent.

My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?

James Clifton
PREMIUM
James Clifton
answered on Nov 24, 2023

Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What is Specific devise in regards to deceased spouse owned property

Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.

I need to file a petition to transfer the property to my name.

The joint property looks like I don’t need to do anything until I sell it

Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

Transferring assets from a deceased individual to another party can be a complicated undertaking. To safeguard against potential legal disputes in the future, it is advisable to seek legal counsel from a lawyer who can assist you throughout this intricate procedure. Furthermore, the lawyer can... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What is Specific devise in regards to deceased spouse owned property

Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.

I need to file a petition to transfer the property to my name.

The joint property looks like I don’t need to do anything until I sell it

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 22, 2023

I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Marion County 3 names on deed 1 has passed Home paid for Can death cert be used with quit claim deed?
Phillip William Gunthert
Phillip William Gunthert
answered on Nov 19, 2023

You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: deceased mother left no will for her estate she left behind 6 children and 1 dies. Now there are 5 living. children of

deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 14, 2023

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What are my rights for having more time in deceased parent's house?

My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More

Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

Can you confirm whether your parents have created a Will or a Trust, ensuring that everyone is aware of the distribution of assets? If they have not done so, it appears that you will have to go through the probate process. It is advisable to consult a Probate lawyer who can assist you in resolving... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 22, 2024

You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Lawyer won't release escrow deposit. Not returning my calls. Mediation would be 55 days. What options?
Jacqueline Alicia Salcines
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Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2024

If this is regarding a real estate transaction, we would need to know the reasons for not releasing ir. If there is a dispute between buyer and seller we would need to review your contract and get more information regarding the transaction. Consult today to discuss

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Sold property to a friend. He said he was going to sell. It and he said had a contract, I hold the mortgage

he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?

James Clifton
PREMIUM
James Clifton
answered on Nov 10, 2024

Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.

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1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: how do i get copies of items on an exhibit list from a defendant in collier county florida. I had asked for the exact

document in discovery and the claimed they did not have them and now they are on their exhibit list?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2024

File a Motion To Compel Discovery, and possible Discovery Sanctions.

1 Answer | Asked in Real Estate Law for Florida on
Q: Question about signing a deed in counterparts? See details below:

-There are two grantors signing a deed in two separate locations

-When signing a deed in counterparts, do you list both grantors on the deed that each grantor is signing separately? Or do you only list the signing grantor on the copy they are signing?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

Deed needs to be complete with all grantors listed in all necessary parts of the Deed. You can list each tenants in common's conveyed interest in separate deeds but it is difficult and expensive. If one grantor signs, and the others do not, then you may have serious problems.

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: Can I dispute all of the charges after move out since it looks like they planted trash in the apartment?

Before move out, my girlfriend and I thoroughly cleaned the whole apartment and took pictures of every room. About a week after move out we got a move out statement with charges for replacement of the couch, carpet, and blinds. It also said there was trash in the common area which the took a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 21, 2024

Can you? Of course. Keep all your evidence. Don't keep it on your phone in case the phone gets lost or damaged. Write down as much of the details as you can remember now. Dates, times, etc. This will help you later.

1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

1 Answer | Asked in Real Estate Law for Florida on
Q: If I have 2 cases in front of 2 different judges how can I get both judges to see my case? The cases are related.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2024

If you are going to litigate yourself, which is ill-advised, you need to familiarize yourself with the Florida Rules of Civil Procedure. Other than telling you judges can only hear cases based on a motion and a properly coordinated hearing with notice, we cannot give you specifics on how to... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a Pinellas condo. My HOA won’t let me board my windows for a hurricane. Am I allowed to?

This would be to protect my property and the windows I am liable for as the owner. Also I wouldn’t not drill into the structure just use hurricane clips.

Fernando A. Prego
Fernando A. Prego
answered on Oct 7, 2024

Hi, the response to this question entirely depends on the language of the HOA's Declaration and any governing documents relating to alterations/improvements to the home. Some HOAs do not allow certain modifications, which may include affixing plywood to the windows of the home.

4 Answers | Asked in Real Estate Law, Civil Litigation and Communications Law for Florida on
Q: I'm selling my property in North Miami Beach for 90.000$ but brokers turned me down with fake Liens of 31000$ .

Brokers received calls saying "do not sale". I have no mortgage. I need your help to sale the property and closing.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

Getting help online doesn't cut it. Nobody should buy or sell Florida real estate without retaining a real estate attorney to help make sure everything is done correctly. Hire a lawyer.

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2 Answers | Asked in Insurance Defense and Real Estate Law for Florida on
Q: Bank wrongly imposed property insurance
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2024

This is not a question, its a statement. Please ask a question with facts.

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: Is it possible to sell a commercial property when there are problematic people on the property that need eviction.

Thanks for reading my question. I inherited a commercial property. There are criminals on the property illegally and have been there for 2 years without paying any rent to the original owner. They need to be evicted. I am not well. I just cannot mentally or physically deal with this situation... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 14, 2024

Of course its *possible*. The question is what sort of reduced sales price you are willing to accept, because you would be handing off a problem. I recommend that you do 2 things: hire a lawyer to proceed with a removal action and hire a commercial real estate agent to sell the property. I do not... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: What name can an eviction begin under if property owner is deceased? Thank you.

Thank you for reading my question. A family member has died. He owned a commercial property. There has been a criminal on the property for several years that needs to be evicted. The property has not been transferred yet to the beneficiary of the estate. Can a letter asking criminal to vacate be... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 14, 2024

The eviction will take place in the name of the personal representative of the estate of the deceased. The personal representative has the authority to oversee the property of the estate and make financial decisions on behalf of the estate until the estate has been settled.

Schedule a free...
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