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,
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 
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,
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
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
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
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
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
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
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
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
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
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
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.... View More
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
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
If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?
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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
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
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
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
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
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
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
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
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
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
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.
He did not realize it would not go just to me. My name was not on the house. He left them cash.
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.
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
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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.
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
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
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
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
Home or attach a paper to will with new home address?
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
Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?
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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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