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Florida Real Estate Law Questions & Answers
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
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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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1 Answer | Asked in Real Estate Law, Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: i went through probate trying to get the documents from this case it says not available to view. can I get my records

i went through probate i am trying to get the documents from this case, it says not available to view. how can I get my

records.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

1 Answer | Asked in Consumer Law, Real Estate Law and Elder Law for Florida on
Q: St Augustine Florida 55+ Community sold as a Gated Community. Now CDD developer gave access through gate for apartments

Rental apartment complex is not part of our community. Construction is causing grief and trouble with residents. They feel that our community will not be as safe and secure as promised by builder and the construction is causing traffic and damage to our common area. Elder residents don't... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 30, 2024

You and your neighbors can gather a big pot of money and go looking for a law firm to take up your cause.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again.

it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/

Anthony M. Avery
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answered on Aug 22, 2024

Usually you move the Court to compel the party to answer the interrogatories. If an order issues and is not complied with, then you ask the Court to hold him in contempt.

1 Answer | Asked in Real Estate Law for Florida on
Q: What type of attorney/agent would I look for to assist me in finding properties suitable for an outdoor shooting range?

My main concern is finding a property that is suitable and sustainable long term. Due to the legal nature of outdoor shooting ranges, professional help is needed to identify potential properties.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2024

You probably don't need some sort of specialist. You, your realtor, or agent should check with the zoning or building code office in your area.

2 Answers | Asked in Real Estate Law and Municipal Law for Florida on
Q: filed a motion to compel, defendant filed a response to motion to compel, I do not agree what can I do?

i also served interrogatories and they gave "fake" answers .can i reserve the interogatories again. it is a public official that knows the answers but does not want to give the answers just to be difficult and uncooperative/

Anthony M. Avery
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answered on Aug 19, 2024

You will have to argue your Motion in Court...

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: real estate homestead penalty

I received a mail from the Tax Collector that is 3 real estate homestead penalty from the government for 2021, 2022, and 2023 and amount total is $9,600. However, those years of my mortgage statement shows that the taxes were paid.

Do I need to go to the office of the property appraiser to... View More

James L. Arrasmith
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answered on Aug 17, 2024

First, carefully review your mortgage statements to confirm that the taxes were indeed paid for those years. Ensure you have all the necessary documentation showing the payments, including receipts or confirmations from your mortgage company. Sometimes, there could be an administrative error or... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Can I sue a neighbor for breach of contract if he violates covenants that are part of the contract we all signed

HOA supposedly mistakenly granted a variance to a new neighbor for a fence that exceeds the allowed height for a conservation lot, that essentially drops my property value by the tens of thousands of dollars we are all HOA members that signed the same binding legal contract so why does he get to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2024

Yes, it appears that you can sue for an injunction prohibiting him from having a fence taller than 4 feet, if that is what the covenants prohibit.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Orange County, Florida. Just learned main water line coming from meter runs under neighbor's property to my home. HELP!

Lines were there for over 20+ years unknown to me (possibly to him) when our houses were bought. Neighbor suddenly "discovered" a leak on his property next to but not under pavers and DIY turned off my water supply at the meter. Don't know if neighbor actually CAUSED the leak or how... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2024

It looks like you have a prescriptive easement. At any rate, you would not be waiving any rights were you to decide to repair the water line.

1 Answer | Asked in Real Estate Law for Florida on
Q: What steps and verbiage is needed to add a third person to a deed in St. Petersburg, FL?

The deed and mortgage are in my aunt and her husband's name. They want to add me to the deed. Do I need a quitclaim deed or some other document to do this? I keep finding 'free' quitclaim deeds online but at the end they ask you to pay. I don't mind paying but I need to know if... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2024

You want to name your aunt and uncle as "grantors", and all three of you would be named as "grantees".

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How does Judgment Creditor place a lien on FL real estate property owned by Debtor? Property is not homestead.

Judgment Lien Certificate is filed with the state and county that the real estate property is located in.

Do I need to also file a lien on the specific real estate property owned by the debtor to secure my creditor interest in this property?

If so, how does one do that online?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2024

In many, if not all counties, the judgment is recorded by the clerk of court and thus becomes a lien. Check with the clerk in your county to see what else, if anything, you should do.

1 Answer | Asked in Real Estate Law for Florida on
Q: Unregistered Property and how to register it

I'm in the process of buying property in Puerto Rico that has a small house that was never registered, how do i register it? The house has been there from what i was told 15+ years and they don't have any construction plans for the home as the owner is deceased. What is the process to... View More

Anthony M. Avery
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answered on Jun 27, 2024

Post your question in PR not FL. You will definitely need a PR attorney to handle this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What is a "squatter" in the new florida bill HB 621?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2024

The term "squatter" is not used in the bill. See:

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0621er.docx&DocumentType=Bill&BillNumber=0621&Session=2024

1 Answer | Asked in Real Estate Law for Florida on
Q: I can-t find a real estate -l itigation and Closing Lawyer in Collier County! Can you give me the Address of one?

My Case Number in Collier County of the twenties Circuit is: 2023-CA-309.

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 May 30, 2024

We are a real estate attorney, title company and litigation firm that practices in the entire state of Florida. How can we assist you

1 Answer | Asked in Real Estate Law for Florida on
Q: What are the penalties to our Landlord if she never set up our Security Deposit escrow account as required by law?
Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2024

There's no statutory penalty.

1 Answer | Asked in Real Estate Law for Florida on
Q: First time home buyer in Deltona Florida. I need a lawyer to review contract correct? and any idea how much? Recommend
Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2024

I recommend that everyone who buys or sells real estate in Florida have a lawyer represent them in the transaction. There is no set fee because every lawyer is different.

1 Answer | Asked in Real Estate Law for Florida on
Q: Planning a seasonal rental of my condo. The property is in a trust. I would like a llc and keep homestead. Please help
Barry W. Kaufman
Barry W. Kaufman
answered on May 9, 2024

You may lose your homestead exemption. Hire an attorney to review your situation and advise you on the best course of action.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord put a lockbox on the property while tenants are living in the property without your consent or agreement?
Jacqueline Alicia Salcines
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answered on May 3, 2024

Absolutely not if residential. That’s calls self help eviction and very frowned upon. Speak to a lawyer to assist you

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: How do I file a dismissal on a final judgement/forclosure? I have proof of coercion from plaintiff. What form is used??

How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 2, 2024

This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.

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1 Answer | Asked in Real Estate Law for Florida on
Q: do I need a lien or deed of trust form to file for collateral to give a personal loan to a friend in marion county FL?
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2024

Do you need one? No. Should you have an attorney prepare a loan document? Yes, if the amount is worth it.

Remember the cardinal rule about loaning people money: **Never loan to anyone money that you cannot afford to lose**.

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