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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Banking and Business Law for Florida on
Q: My sister died a few weeks ago and she was buying some property and I was living with her helping her pay the payments

She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2019

Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Three people are on the same house deed. One of the people lives in the house and she gets married.

If she dies can the 2 people left on the deed put the husband out?

Stephen K. Hachey
Stephen K. Hachey answered on Sep 17, 2019

Depends on the language in the deed regarding how the property is currently owned.

2 Answers | Asked in Real Estate Law for Florida on
Q: How much notice does a landlord/realtor need to give you to show the house?

We are currently in our lease for another two months and our landlord just gave us notice he will be selling the home. How much notice must the landlord/ realtor give us before showing the home? I’ve read both 12 hours and 24 hours.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 16, 2019

Florida statutes state 12 hours for repair, but are silent regarding showings. I advise clients to provide 24 hour notice to tenants.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I live in Fl and want to buy 3 acres of land in TN from a private seller. Do I need to hire a real estate attorney
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2019

It would be a good idea to contact a Tennessee attorney.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: Good afternoon Homeowners Association retaliated after catching their HOA maintenance in my property using my water

The whole scenario changed. From sending a bill from their lawyer because of at that time I was replacing my fence and it was installed improperly and( Code Enforcement gave me 6 months to replace my fence ) This year I sent my HOA dues, only to receive back the same envelope, and my check? Sent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2019

If you have a question to be answered, please ask it. At the same time please review what you write before you post it so that it is coherent.

1 Answer | Asked in Real Estate Law for Florida on
Q: Please explain FL Statues 95.11(5)(h)

I purchased a foreclosure property 1/17 and got my Certificate of Title and the mortgage company filed court papers 9/18 more than a year after and we went to mediation today and they wanted me to pay of the mortgage of $260,000. Please explain

Stephen K. Hachey
Stephen K. Hachey answered on Sep 12, 2019

Sounds like you may have purchased a CT from either a 2nd mortgage foreclosure or an HOA foreclosure.

1 Answer | Asked in Real Estate Law and Intellectual Property for Florida on
Q: I have an escrow case in FL that will be filed by escrow company to interpleader action. Could I represent myself?

I deposited 7K to escrow to purchase a property, with a contingency, that if denied by HOA, I wouldn't be able to purchase. I was denied by HOA, but the listing agent claimed owners wants 100% of my deposited funds to escrow.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 11, 2019

Yes, you can represent yourself if purchasing the property individually (vs. an LLC, for instance)

1 Answer | Asked in Real Estate Law for Florida on
Q: In a foreclosure auction, will the existing mortgage carry over or be effectively extinguished in the foreclosure sale?

Court records show that there's a final summary judgment which states that the plaintiff (the HOA), "holds a lien superior to any claim or estate of Defendants on the property". However, there's an existing mortgage in the form of a permanent loan modification agreement with the lender of record.

Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

The mortgage is still there. A lot of people get burned in buying properties at foreclosure sales by buying the HOA lien out of foreclosure at a price very much below fair market value only to find a large mortgage on the property. Always do a title search to find mortgages and other liens that... Read more »

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Florida on
Q: As a tenant do I have to remove my pets when the homeowner is showing house to perspective buyer or can I use a crate?

I have 5 dogs and on several occasions I have moved them outside in their crates for the agent to show the house. More than one occasion the agent never showed and I waited outside for greater than 45 minutes. Its hot outside to wait that long. There is no defined time of any showing I receive... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

You should discuss that with the homeowner or real estate agent, since safety of both your pets and the prospective buyers and other persons coming into the house is of the greatest concern. Don't forget that people make appointments to see the house and then never show up so it is not always the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Contractor has lien on condo against HOA. have agreement of sale, I was never notified of lien. What recourse do I have?
Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

You need a real estate attorney to represent you in this action. Possibly the attorney can get the lien released from your unit, otherwise you will not be able to sell until the lien is resolved by the HOA and contractor

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I file for a stay and get my money back from my landlord? I am being evicted because of being behind on rent I am

I want to get all of the mi why I’ve spent for rent and deposits here st this location over the last 6 months. The living conditions have not improved no repairs have been made unless I made them and the leaks are ruining my furniture and the termites are probably into my real wood furniture by... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

You did not indicate whether you provided your landlord with the notice required under Florida law of all these defects, in any event you continued to live in the premises all this time despite the defects. Generally if you are not paying rent you get evicted, no matter why you are not paying.... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: What happens if a POA (for one of the owners of home) is not approved by title company transferring title to buyer?

We are selling our home in PSL. My father, (on the title as one of the owners) has Alzheimer's, and the title company is not approving the POA we have provided. Can the buyer's sue us because of this? Should we seek legal representation?

Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

Actually you should have had legal representation way before this. The contract you signed has provisions as to how much time you have to clear title problems. You need to consult with an attorney to determine whether the POA is viable, despite the title company problem with it. The worst... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Want can be done if ex spouse refuses to sign sale of home papers and how fast can a judgment be made?

My ex-wife and I divorced almost 5 years ago. At the time we were underwater in our current home, so selling wasn't an option for either of us. She couldn't afford the mortgage, so I stayed in the property with a clause in our divorce papers that I would try to refinance. I tried the first 3 years... Read more »

Monica Miguel Cabrera
Monica Miguel Cabrera answered on Sep 6, 2019

In order to properly answer your question, a review of your marital settlement agreement and final judgment is required. If the house is properly addressed in there, then you can file enforcement documents in your divorce case. I would recommend having an attorney review your documents and help... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Does a seller have to disclose a known non termite pest issue? Can the seller be legally liable if they do not disclose

Seller has spent thousands of dollars to locate and eradicate the pest but they are still occasionally present. All pest control companies are baffled and have recommended the house be sold.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 5, 2019

Yes, must be disclosed.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: My contract with my realtor expired on midnight 31 August. He did not remove his information from the house listing

Different realtor wants to make offer on house, original realtor said I owe him commission even though this viewing was not arranged by him, and came 4 days after his contract ended. He did not remove his information from sites as of today, even though I sent several messages reminding him contract... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Sep 4, 2019

This is difficult to answer without reviewing the listing agreement and without knowing how the now interested party found out about the property

3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: My husband & his aunt were deeded a house in MD upon his mother's death over a year and half ago.

Deeded "right of survivorship". Instead of selling the home, the aunt moved in agreeing to pay my husband his share of value. A contract was signed June 2019 and it even went to the Title Co for closing last month. She thought she could take money out of the estate (she's executor) to pay my... Read more »

Linda Liang
Linda Liang answered on Sep 4, 2019

You said they went for closing but transfer of money was not made. Does that mean the closing didn't occur? I.e, the deed was not delivered? The bottomline is that if the ownership did not shift before your husband passed away, the court might hold that his share passes to your aunt.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does Florida law require the real estate agent to take the house off the market once it is under contract (not sold)?

We anticipate even though the buyer is paying cash the sale may not go through. Buying with cash is supposed to make the process easier, but we have not found that thus far, partly due to the agent, partly due to the buyer. We would like potential buyers to continue to see the house. It has been... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Sep 3, 2019

It is not a Florida law. It is most likely the rule of the Realtor's local association. If you need assistance with the closing and a title company, I'd be happy to help.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Florida on
Q: My father recently sold a home with the promise to split the money among siblings. One of the siblings passed before the

Money was disturbed.the money was split equally among the surving siblings. Does the daughter of the deceased have any right to the cash her father that passed away was getting.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 3, 2019

If the father decided to split the money equally between his surviving children that was his decision to make. And sine the money given to his children was a gift, there is nothing anyone can do about it. However, just in case the father made a mistake I would advise the children of the sibling who... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a home with my ex boyfriend. He is on the mortgage and I am on the deed. Can he rent the home without my consent?

We agreed that he would remain in the home until he can buy me out. Instead, he is renting the home and receiving income and does not want to buy me out. Can he rent the home without my consent?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2019

If he is not on the deed, no; he has no right to rent the home to tenants. Evict them.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can the title company use a letter stating balance due on a lien and add it to the lien itself making me pay bill 2ce

Any liens that need to be satisfied by law have to be documented. The title company is trying to use a letter addressed to her the current balance due along with original code violation.. The title company is using the letter stating balance due and adding it to the liens to the original... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Aug 29, 2019

You as a party in a real estate transaction should have an attorney to ensure that a proper lien search is done on the property. The holder of the lien should be asked for an estoppel letter to confirm the lien remains unpaid and the payoff amount, an old letter is never acceptable. From your... Read more »

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