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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: If my landlord terminate my lease does it affect your credit

If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.

Carolina Nunez
Carolina Nunez
answered on Jan 31, 2023

It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »

James Clifton
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James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

1 Answer | Asked in Real Estate Law for Florida on
Q: I got message via email(digidoc) that both parties had signed the session, is that legally binding for both parties?

I signed the agreement using the digidoc link my realtor sent me and after signing it from my side I got email message back from digidoc (noreply@mailgun.esignonline.net) that both parties has signed session:

"

Congratulations!

All parties have signed the... Read more »

James Clifton
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James Clifton
answered on Jan 28, 2023

You can download a copy of the document and verify that the other party has signed it. There will be a digital time stamp with the other party's signature if they have in fact signed. Follow the Digidoc instructions to retrieve the signed document.

2 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 28, 2023

It can but you should see a real estate lawyer to make sure that type of deed is in your best interest. If not done correctly it can cause you more money and trouble than it's worth to save a few dollars. You should also check to make sure it would not accelerate your mortgage and the total... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2023

Yes, that would work. Record the executed deed with the county clerk's office.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it customary for a Buyer to sign a Warranty Deed to the Seller for a property purchase?

I'm in the process of buying a land plot. And the Seller is requesting that I sign a Warranty Deed to him in the event of a default. But the Warranty Deed doesn't include any language about it only being valid in the event of a default. Should the Real Estate Agreement, which specifies... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

No, don't sign the warranty deed. And the agreement probably is not adequate either. A mortgage note secured by a mortgage is the proper way of doing this. You need to consult with an attorney.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

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3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Jane Kim
Jane Kim PRO label
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Jane Kim
Jane Kim PRO label
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: my father and I were both listed and signed mortgage loan agreement as manager members LLC. How did he removed me ?

both of our names were on loan agreement as managing members and both signed , some how my name has vanished and I've lost my 100k investment

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 25, 2023

Vanished from where? A lawyer would need to review the deed and your LLC documents to give you advice on this matter. There are not enough facts to even provide general advice.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2023

Probably four years. See Florida Statute 95.11(3)(f). But you have cited the wrong statute; there is no Florida Statute 720.350. You really need to consult with an attorney for this.

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2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 24, 2023

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: I filed a quit claim deed put my daughter on the deed. If she is sued, is the property liable.
James Clifton
PREMIUM
James Clifton
answered on Jan 22, 2023

Yes, if your daughter is on title to the property, any judgments against her are also against the property. I have seen cases where the property is lost to the judgments of a child who was placed on title. Also, if she has prior judgments against her, they will have already attached to the... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: We are a condominium unit of 36 undivided units in Miami.

We are a condominium unit of 36 undivided units in Miami. We are currently 4 board members and one of the four holds the position of president. This president went crazy and does not talk to us. The administrator cam resigned on January 4 due to the discussions and today the president intends to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 20, 2023

You can remove him as an officer (president) by a majority vote of the board but he will still be a director. All business is conducted by a majority vote of the board. No director has more power than any other. A president just has more duties but not more authority.

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 20, 2023

In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... Read more »

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2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can a mortgage company create a mortgage out of thin air and try to foreclose none of their dates line up

can a 2nd mortgage be taken out on a home before the first mortgage is even paid off and if so is it possible for the first mortgage company to give the deed to the home owner while there is a supposed 2nd mortgage still out there. I ask this question because a mortgage company is trying to take... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 18, 2023

It is possible to take out a second mortgage while a first mortgage is on the house. The deed to the house is delivered to the homeowner regardless of whether the house has mortgage liens on it. It is not the same as a car title where the lender holds the title until it is paid off. To determine... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Is there any legal action I can take for the situation described? Should I hire an abornist to have as evidence?

There is a huge tree that is about 5 feet away from my townhouse that I own. The tree is owned by the HOA. The tree is causing damage to my property but the HOA refuses to allow me to cut it down.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 16, 2023

If the tree is diseased then, yes, hire an arborist. If the tree is not diseased but causing damage to your property (actual not potential) then you would need to decide if it is worth litigating. You would need to engage in pre-suit mediation first.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal fora lease application to make you give your bank username and password to complete the lease application.
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.

1 Answer | Asked in Real Estate Law for Florida on
Q: My mother had a a house she purchased in the 1940’s. She died in 1969 of cancer and now my cousin has it.

The house is still there my mother owned because my cousin has it but my mother was on morphine and took sick to give it to my aunt and cousin but now my cousin who has my mother’s house will not even let me live in the house my mother owned even if it stays in her name. What can I do to gain... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 11, 2023

The time to challenge the deed has long passed but to be sure you would have to consult a real estate attorney and have evidence your mother was incapacitated and not aware of the consequences of what she was doing, which is unlikely given this happened more than 50 years ago.

You do not...
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