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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: does a lien on a house, registered in court, for money owed (in FL) loose its validity after some time?

my ex signed a paper, owing me $6000.00 in 2009 and payable in 2014. She kept saying she could not pay until the house was sold. In 2016 I sent here an e-mail that the money was overdue and I would charge her interest.

Now that house got sold for $320.000.00 and I refuse to cancel the lien... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Oct 18, 2021

It depends on the type of lien. If it was a judgment lien it is likely still valid but a lawyer would need to review the lien. Anyone can sue anyone else in the US. The question is whether or not she can win. You need to address this immediately to preserve any rights you have and to avoid... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Is foreclosing on a condo hotel unit harder or any different than other real estate?

I'm looking into micro hard lending for smaller condo hotel units as no one finances them and they must be purchased w cash. They will only lend 100k or more which is more than the cost of many units. If I required 50% down this would secure the loan adequately. Are these units treated any... Read more »

Jane Kim
Jane Kim answered on Oct 15, 2021

Mortgage foreclosures for residential and commercial properties follow substantially the same judicial process.

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Phillip William Gunthert
Phillip William Gunthert answered on Oct 11, 2021

I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... Read more »

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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Can you be evicted if your landlord was given the title to your mobile home 1 year ago? We left it 1 year ago

My husband and I owned a Mobile home in a trailer park a year ago. We rented the land; but owned the mobile home. After not being able to sell the mobile home. We turned the title with a letter of discontinued of our month to month lease. We had both a certified copy of the mobile home title signed... Read more »

Jane Kim
Jane Kim answered on Oct 10, 2021

Likely a formality to take possession. But you may want to contact opposing counsel to enter into a consent Judgment for possession only without money damages. You may want to retain a lawyer to ensure there is no money judgment against you.

1 Answer | Asked in Real Estate Law for Florida on
Q: When a quit claim deed was done, it was turned down by the country for a small technical error. Witness printed name

But in signature line did not include middle initial. Cannot locate folks to fix. Deed is still in name of prior owner. Do I own?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2021

You are indicating that the witness' printed name had a middle initial and the witness' signature didn't? I believe whoever at the county "turned down" the dead is wrong. A person, including a witness, can sign a document anyway he or she wants, including simply with an... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Im a licensed real estate agent in Miami, FL but I’m just starting out and I have a part time job. My boss at this job

My boss at this job asked me to make offers without using my brokerage and he was going to pay me the 3% on side as an independent contract fee or bonus in the company. Is this legal?

Jane Kim
Jane Kim answered on Oct 6, 2021

Your license must be assigned to a brokerage firm for you to work as an agent. Your work as an agent must be done through the brokerage firm.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My Grandfather fought in court for his land since he had since he was 16. He built a small house there.

Then met my grandma and had 4 kids (never married). They broke up when my mom was in her early teens. He moved in with an other woman. Years later my grandma passes and his son lived in the home on and off. In Vieques there was some property thing that happened and his son put his name on that... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 5, 2021

So you're talking about property in Vieques, Puerto Rico? If so, you must consult an attorney who is a member of the Puerto Rico Bar Association (either a lawyer in Puerto Rico or one who is a member of that Bar but practices elsewhere). Also, even if you were talking about property in... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Can a power of attorney be done in Puerto Rico for someone who lives in Florida without meeting her? POA to buy land.

I was told by the seller of the land that an attorney in Puerto Rico can set up a Power of Attorney for my wife who can not travel for the closings in Puerto Rico. Will the POA be valid when the attorney in Puerto Rico did not meet with my wife in person? What is the process to validate such POA so... Read more »

Jane Kim
Jane Kim answered on Oct 1, 2021

Your mother has to sign a POA in front of a notary (FL recognizes online notarizations). What's the confusion? Puerto Rico will recognize POA from any state as long as the document was legal where it was signed.

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1 Answer | Asked in Real Estate Law for Florida on
Q: How can I change the decision made by my association of HOA regarding my roof that I change an d the color doesn’t fit

We made this without asking for but It was because of misunderstanding by my son we try to apology for our mistake but nothing work we still have to take out the roof

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 28, 2021

The HOA is not likely to approve any variance but it never hurts to ask. Sometimes the board of directors are not aware they can, but are not required to, grant a variance. If the roof is drastically different than the colors that are allowed the board of directors cannot grant a variance because... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: If a piece of property has been abandoned and owner dies. Can someone take possession openly, clean property up.

Openly occupy hoping to get adverse possession. Has paid 8 years property taxes and all improvements. Claim reimbursement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

You appear to be referring to Florida Statute 95.18 Real property actions; adverse possession without color of title.—

You would have to be in possession "under a claim of title exclusive of any other right"; simply "squatting" won't be sufficient.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: What lawyer do I contact? Received a UCC filing because my husband didn't sign closing paperwork on a property.

My husband is a volunteer for our home owners association, he's the President. The association was selling vacant property and there was a company that wanted to purchase it. They agreed on a price, however, at the closing, the realtor had added $500 to her commission and my husband would... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 22, 2021

You need to contact a real estate litigator. There are real estate attorneys who do closings and other transactional business, real estate litigators who do court cases and real estate attorneys who do both. Both is preferable. There are some pieces of information missing from this so it's... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: We penned changes to florida disclosure form and haven’t signed. Broker says it can’t be changed. Only by lawyer

Surely if not signed they can redo the disclosure form? broker - active florida realty - our realtor is using.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 19, 2021

Florida real estate agents and brokers cannot change or even create other than the Florida Supreme Court approved forms. This does not prevent the parties themselves changing any form. So the agent is partially right in that the agent cannot modify the form - but you can as long as it is without... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I sell my condominium if the building is in receivership?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 19, 2021

Yes, you can. It might be difficult to find a buyer but you are still able to sell it.

2 Answers | Asked in Real Estate Law for Florida on
Q: You My husband died and I need to know what's going to happen with my house, am I going to lose it? Who has to pay now?
Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2021

I am very sorry for you loss on the passing of your husband, please accept my condolences for you and your family and this difficult time. You will need to speak with a Florida Probate Attorney and provide additional information and details. Generally, the home (if it is homestead) usually will go... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have an accepted offer on my house. The contract has a contingency that they must be approved for a mortgage.

They have a pre-approval for a mortgage.

I just find out they have a home to sell, this was not put as a contingency on the contract. Now their lender wants them to sell their house first....is this fraud on the my contract with them? They have 15,000 in escrow to purchase my home. Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2021

No, it's not fraud, it appears to be a mistake in the drafting of the contract. Whoever drafted it might be liable to them, but you should be able to enforce it, if that's what you're asking.

1 Answer | Asked in Real Estate Law for Florida on
Q: I have a deed question. If a brother owns some property (free and clear) and he adds his younger brother's name to deed

He wants to sell the property now but the brother won't agree to it. If he prepares a will and put another family member's name in the will, who will own it if he passes? In other words, what has more power a will or a deed?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2021

In Florida usually always the Deed, there are some if and but variations if there is a spouse/child/this is Homestead Property. This is always a dangerous game of adding a person to a deed in this manner with a Quit Claim or similar deed, nothing can be done unless the secondary person, now on the... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 16, 2021

This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »

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2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is my HOA able to force me to pay for or agree to cable/internet services from a company that I am not using?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 14, 2021

The HOA can contract for bulk cable services and each owner is billed their share of the expense. Usually these contracts have an opt-out for those owners who do not want to use the services. You would need to get more information and take that and a copy of your HOA documents to a HOA lawyer to... Read more »

1 Answer | Asked in DUI / DWI, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: My DL was taken from me by a lawyer in 1994. I was in a car accident and it was my fault. DUI. And I can't pay

Is there a statue of limitation on this

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2021

Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... Read more »

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