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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

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2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 23, 2023

The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More

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1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Florida on
Q: Can I sue a property developer over lost income and property devaluation?

The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2023

You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a home with my wife and her mother. Three people on the lease. If a person wanted to sell the home what would happ

As mentioned above, three people are on the lease house. I took out a loan so my in-laws could get a home. They now live in that house. However the name on the house is me, my wife and her mother. If someone wanted to sell the home what would happen. How would this be divided? We never had anything... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 18, 2023

If one of you wanted to sell the home, the proceeds would be divided three ways, equally. As I understand it, you, your wife, and her mother own the property and your mother-in-law, and her husband live in the house. The house could be sold subject to the lease (if all three owners agree), but... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased house in auction 1,5 years ago. Now another lien attached to property showed.

I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More

James Clifton
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James Clifton
answered on Sep 14, 2023

Unfortunately, when you purchased the property, you purchased it subject to all superior interests including the one that was recently foreclosed. Your only recourse at this point would be to collect any surplus from the most recent foreclosure auction. Schedule a free consultation to discuss... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased house in auction 1,5 years ago. Now another lien attached to property showed.

I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 15, 2023

No, you can sue the auction. It is the bidder's responsibility to perform a diligent search to uncover all liens, so of which might not be so obvious. The notice from the clerk stating "no objections" had nothing to do with the lien. The clerk issues a certificate of sale and that... View More

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2 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
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2 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2023

Florida Statute Section 720.304 is clear and understandable; you do not need a lawyer to interpret it. You can easily find it online, and here's the official web page for it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html... View More

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1 Answer | Asked in Health Care Law, Public Benefits and Real Estate Law for Florida on
Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?

If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?

T. Augustus Claus
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answered on Sep 12, 2023

In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Condo Board's resolution can be retroactively applied?

I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 29, 2023

Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I need help with a property management dispute in Miami. The management is claiming against me due to a water leak.

The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.

My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 29, 2023

If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Husband deceased qs 2

What rights do I as the widow have in regards to seeing for damages for feeling I was uninformed.by my late husbands parents about having a mortgage? His father made me sign docs in provate a month after I lost my husband. I was never told anything about the homes debt or mortgage. He told me the... View More

James Clifton
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James Clifton
answered on Aug 29, 2023

It is unlikely that you would be entitled to any significant amount of damages regarding a debt that pre-existed your relationship with your husband. However, it would not hurt to explore the possibility as part of your foreclosure defense. There are a lot of factors to cover prior to making a... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: husband deceased. Parents trying to foreclose my house. I was never informed of a mortgage. Told home was paid for. HELP

was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More

James Clifton
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James Clifton
answered on Aug 29, 2023

The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: Loan docs states that increase each year 1.5 % will be notified in writing, no notice is giving, can I be back charged?

Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More

James Clifton
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James Clifton
answered on Aug 23, 2023

It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.

1 Answer | Asked in Real Estate Law for Florida on
Q: Will the law allow my children to quit deed me the house my husband left us when they were minors.

He did not realize it would not go just to me. My name was not on the house. He left them cash.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2023

Sure, if your children now own the house, they can, if they want, convey it to you. There may, of course, be tax consequences.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How long after a person has passed are the terms of a will enforced.

My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023

It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.

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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Florida on
Q: I got a final order or stipulated final order on code compliance in Hollywood- I did not get notice - tenant retaliation

It says I have thirty days to appeal- July 19,2023-- 30 days - I got no notice and I believe that my tenant altered my condo and then in anger reported code violations to Code Complaince--

It seems I need to file an appeal by August 18-- The violations were done by tenant who left... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 18, 2023

It depends on what section of the city code applies. For some appeals of this nature, there would be an "up-the-ladder" process within the city administration. For some other appeals, you must instead file an appeal or a petition in the Circuit Court, which is more technically complex... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: real estate conflict against neighbor

A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you... View More

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: I have a will created in 2015 in FL. I since sold the residence listed in the will. Do I need a new will to list my new

Home or attach a paper to will with new home address?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 10, 2023

If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: In Florida are the grantor and grantee the same person in a ladybird deed?

Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?

T. Augustus Claus
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answered on Aug 8, 2023

In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the... View More

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