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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: I’m a NY resident buying new construction in Florida. What are rules around using escrow $$ for developer const costs

We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jun 10, 2024

Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: In Florida, do you have to make payments on house mortgage while it’s in probate?

No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?

James Clifton
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James Clifton
answered on Jun 8, 2024

Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can the executor who was appointed by the heirs as there was no will for an estate,

Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida

James Clifton
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James Clifton
answered on Jun 8, 2024

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act...
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2 Answers | Asked in Real Estate Law for Florida on
Q: can a seller of a condo fill out a warranty deed when selling to a cash buyer?

The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

James Clifton
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James Clifton
answered on May 31, 2024

The buyer will typically want to do an independent title examination and possibly purchase title insurance. Those things are usually done through the closing attorney or title company. If the buyer accepts your proposition to transfer the deed yourself, you will also need to collect the appropriate... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: can a seller of a condo fill out a warranty deed when selling to a cash buyer?

The Cash Buyer has inspected the property and wants to close asap. Can I complete a warranty deed and submit it to courts for recording once the cash buyer has either given me a cashier's check or confirmation of a bank wire to my account? Or do I have to use a closing agent. The property... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 31, 2024

You are asking for trouble trying to do this yourself. No one should buy or sell property without a lawyer. I'm not saying that to make money for lawyers. I hired one myself for real estate transactions. There are so many things that can go wrong with this it would take volumes of... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own in a Fl Hoa, and am been fined for two violations, without the violation committee involved.

If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 30, 2024

There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: When there are 4 people on deed to house can a person now sue for there money back if no contract was signed
James Clifton
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James Clifton
answered on May 30, 2024

Yes, any of the four people can file for a partition of the property which forces a sale of the property. The money from the sale is then divided between the four owners.

Schedule a free consultation to make sure your interest in the property is protected.

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2 Answers | Asked in Real Estate Law for Florida on
Q: When there are 4 people on deed to house can a person now sue for there money back if no contract was signed
Phillip William Gunthert
Phillip William Gunthert
answered on May 30, 2024

Yes, and you should try to avoid this outcome as it will take time and cost money to pursue what is called a Partition Action (Partition of Real Property), see Florida Statute 64 for specifics. I would encourage you to find amicable resolution outside of forced partition, if possible, in order to... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do we as mobile home park owners have to show to rental residents proof of pass through expenses?

We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2024

If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Buying a brand new house in Florida is an attorney opinion letter ok to use instead of title insurance?

We are buying a brand new home in Florida. Our lenders attorney said they can provide us with an “attorney opinion letter” in lieu of title insurance. Is this a safe way to go?

James L. Arrasmith
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answered on Jun 3, 2024

When buying a brand new home in Florida, using an attorney opinion letter instead of title insurance is a significant decision. An attorney opinion letter states the attorney's assessment of the title's validity based on a review of public records. While it provides some assurance, it... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: a home preservation promised to have my foreclosure dismissed. Instead I now have 3 days to evict can I get an extension

I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street

James Clifton
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James Clifton
answered on May 23, 2024

It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: My husband and I have a "agreement to sell real estate", where we are the buyer. The seller wants us to leave

The seller left vehicles in the yard without tags or title. Code enforcement wanted them gone, we complied with code enforcement, now the seller is threatening us and trying to break the contract without the return of the down payment we made or the mortgage payments we made to them. What can we do?

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your question is a little confusing as you use the phrase "mortgage payments we made to them." That suggests a completed real estate transaction which means a deed conveyed the property to you subject to a mortgage interest retained by the seller. An "agreement to sell real... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: I have been paying my 36 year owner financed mortgage by mail for 35 and a half years. I have 6 monthly payments left.

The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

How did you "buy" this home? Typically, title transfers on the day of closing and then you pay monthly payments on a mortgage where your home is treated as collateral for the mortgage. But you own your home from the very beginning. Unless this was a lease contract with option to buy, then... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: I have been paying my 36 year owner financed mortgage by mail for 35 and a half years. I have 6 monthly payments left.

The last payment check I mailed was returned to me as undeliverable. That never happened before. I have since learned that the original owner died 5 years ago. I was not informed, and I assume his heirs have been depositing my checks. I have tried, but have been unable to contact the heirs so... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

The good news is that title to your home would have been transferred to you 35+ years ago when you bought the home by means of a deed recorded in your county land records. That is how the county appraiser and government entities know who to send the annual appraisal and property tax bills to.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2024

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Does a 100% Disabled Veteran have to pay for permits to replace a trailer if the one on the property is unpalatable

We inherited the property so we sold our house thinking it just needed a roof but after our house sold and we entered it was unpalatable so we have to replace it so we have somewhere to live but aren't sure of the steps for permits. We're in Pasco County Florida, not Orlando

James L. Arrasmith
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answered on May 1, 2024

Thank you for your military service.

As a 100% disabled veteran, you may be eligible for certain benefits and exemptions when it comes to permits and fees for replacing your trailer in Pasco County, Florida. However, you will still need to follow the necessary steps to obtain the required...
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4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

There is no way anyone can sift through this on this platform and provide legal guidance.

Please note that a lawyer at the title company is not your lawyer, so that s/he does not represent you and does not have your best interest in mind. Certainly, you must retain your own lawyer to...
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4 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Civil litigation on a real estate lis pendon case

I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:

- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.

- It has come to... View More

Anthony M. Avery
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answered on Apr 30, 2024

Title Insurance procedures, requirements, etc. are not title law. I doubt that the absence of a uninterested spouse signing the Deed over to you is of any legal significance to your title. Hire an attorney, not a title company, to search that title.

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: In NC, how could I get a friends property deed re-assigned to me, since my friend passed away? Are there forms for this?

none at this time.

James L. Arrasmith
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answered on Apr 29, 2024

I'm sorry for your loss. The process for transferring property after the owner has passed away depends on a few factors. Here is some general information, but you may need to consult with a probate attorney for guidance on your specific situation.

First, it depends on how the property...
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2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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