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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: In Florida, can a HOA member NOT compliant w' Deed Restrictions serve on Board of Directors?

This candidate's excuse is a '5 year statute of limitations for enforcing Deed restrictions' b/c his wife was on the Board for years, & used 'selective enforcement" of restrictions on some while they refused to comply.

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 30, 2020

If you are a board member you have a duty to consult with the HOA attorney rather than trying to find answers on the internet. If the HOA does not have an attorney, it needs one.

If you are a homeowner, the answer is "it depends" on the language in the HOA documents, what...
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2 Answers | Asked in Family Law, Foreclosure and Real Estate Law for Florida on
Q: my father and I are on a mortgage. If he dies, what becomes of my status with the mortgage?

Also the mortgage is not in default since I am the primary payer. I’m asking about his credit card creditors and if they can come after the house.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

Only in theory could they get a judgment and levy upon the house; their judgments would be junior to the mortgage

.

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2 Answers | Asked in Family Law, Foreclosure and Real Estate Law for Florida on
Q: my father and I are on a mortgage. If he dies, what becomes of my status with the mortgage?

Can his creditors come after me or the house?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general,... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I HAVE ASKED MY HOA FOR THE OWNERS NAME AND ADDRESS OF OUR MANAGEMENT CO. AND WAS GIVEN THE RUN AROUND WHAT DO I DO

THE ADDRESS THEY PROVIDED IS FOR ANOTHER MANAGEMENT CO. AND THEY TOLD ME THEY HAVE NOTHING TO DO WITH THAT COMPANY

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 24, 2020

HOAs do not have a statutory duty to answer questions from homeowners, but in the case of simple questions like this, it sends up a red flag for me that the HOA is not being transparent. Who do you pay assessments to? Usually assessments are sent to and processed by the management company. Is it... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if Management filed holdover due to lease expired and owner emailed me and said I could stay to Dec.

My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.

2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.

3. Unless...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I have a vacant wooded lot within the city limits. It is too small to build on per city codes . What can i do with it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2020

Contact the city planning department and ask. Possible solutions include getting some sort of a variance or selling the property to an adjacent property owner.

2 Answers | Asked in Real Estate Law for Florida on
Q: Is sale agreement for real estate invalid after no response after more than 90 days?

My dad owns a lot in Ocala FL and was sent an unsolicited offer to buy from a firm. He reluctantly agreed to a ridiculously low offer but haven't heard anything in months. Since it's been so long, we consider it no longer valid even though there's no sell by date, and instead would... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2020

Send the firm something in writing indicating that the acceptance of the offer is revoked.

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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I live adjacent to an apartment complex. During Hurricane Sally, a tree from the apartments slightly fell causing

the roots from that tree to encroach onto property, damaging our chain link fence and yard. I have been trying since September to resolve the issue with the apartment manager, but to no avail. We were told by an arborist that it is not safe to remove the roots of a tree because the tree itself will... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 14, 2020

Your insurance company's obligations are spelled out in your policy. The company apparently is relying on policy language to deny the claim. When denying a claim, more often than not, the insurer is correct about the exclusion language, sometimes it's incorrect, and sometimes, the... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: my sister died without a she will was married never divorced she purchased a house before marriage. I need to sale house

husband name never place on the deed of the house. last time I seen husband was 2008. my mom and I took care of my sister. the house is going into foreclose I need to sale the house to pay her bills. can this be done with out husband. the bank is also trying to locate the husband.

Rand Scott Lieber
Rand Scott Lieber answered on Nov 13, 2020

You need to contact a local real estate and/or probate attorney to help you with this. Some legal actions can proceed by publication when a party is missing and cannot be located.

Good luck!

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I'm a bit lost as to if I need to file an eviction or unlawful detainer. The forms seem to be the same.

My situation is that I am trying to remove my brother and his girlfriend from my home. There is no lease. I am not seeking money from them. I just want them gone. I served them a certified notice to quit allowing over the 15 days to evict. That was on the 9th of October. They were suppose to be out... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 12, 2020

Read Fla. Statutes Chapters 82 and 83 (which are on-line) in their entireties. If you are still unclear on it after that, it's best to schedule a consultation.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I have a property owner financed under contract. It's in my name and I pay taxes. Guy disappeared. What do I do?

Guy was a state attorney and landed himself in trouble with the fed. Disappeared and no way to continue paying for this property. We did the contract through a local title company, so it's all legit. Property is in my name and I pay taxes on it. Is there a statute of limitations after a... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Nov 12, 2020

If there is a mortgage on the property, you will need to find the individual or file a lawsuit to remove the lien. You will need to review in detail with an attorney for more precise instructions.

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1 Answer | Asked in Real Estate Law and Insurance Defense for Florida on
Q: My husband and I lived adjacent to an apartment complex. During Hurricane Sally, a tree slightly fell at the complex

and the roots from that tree encroach on our property damaging our fence. 21 feet (.0744 acres) is landlocked property, which we do not own, however, we do own the fence, that is located on the landlocked property. The apartment manager has repeatedly ignored our emails since September. What rights... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2020

It is unclear what you mean when you write that it's your fence, but it is on the "landlocked property" which you don't own. If someone else owns the land upon which the fence is located, the fence is probably theirs too.

And no, you can't force them to pay. If...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I bought a 2 acre wooded lot in western NC at a bankruptcy sale, under 2,500. Looks cut & dry. Should I hire a Lawyer?

Seller pays back taxes and supplies a Trustee's Non Warranty Deed.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 10, 2020

It's always a good idea to have an attorney review real property transactions. If you ask this in Justia > Ask a Lawyer > North Carolina, it's more likely that you will get an answer from someone who knows more about the laws in that state. For example, I'm not sure what you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Real estate: In the State of Florida--Mortgage note

In the State of Florida...we are buying a home...I am putting down half in cash...my husband took out a mortgage for the other half. We want the deed to be in both our names (husband and wife in entirety). the mortgage application is only in my husbands name........the bank wants me to sign the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 9, 2020

A mortgage and a note are two different things, but they must both be signed by the borrower to get a mortgage. If the co-owner is not on the mortgage the co-owner still needs to sign the mortgage to acknowledge the property has a mortgage because the co-owner stands to lose their interest if there... Read more »

3 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: neighbor put up fence on his property and wants half the cost for fence line that faces my property. Am I responsible

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Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2020

In general, no; not unless you previously agreed to share the cost of the fence, or perhaps if zoning regulations, covenants, etc. require a fence.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Pole barn and solar system - personal or real property?

I let a friend stay at my property in my second home on the lot. He stayed here rent free for one year. During that time he made improvements in the form of a pole barn, and a solar system for the home he was in.

He left in November of 2019 and now that I am trying to sell my property - he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2020

Yes, they are part of the real property. Give him written notice that he is prohibited from going on the property. If he does anyway, call the police and have him prosecuted for trespassing.

1 Answer | Asked in Real Estate Law for Florida on
Q: Rights of my wife on my rental property (acquired during marriage) - FL

Hello,

I am freshly married and plan on buying a property for rental. I will transfer ownership to a LLC (I will be the sole owner).

Down payment is my money, mortgage and title will be under my name. I will be the one running the rental, and paying this house.

In case of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 5, 2020

Although you indicate that the down payment (and mortgage payments, if I understand you correctly) will be your money, that money will be considered marital property, so the rental property (as well as the LLC) will also be marital property. So it will be part of the property to be divided in the... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: I need a property attorney to help me take ownership of my dads land and stop the violations?

My father passed away this year. He owns a home. My name is not on the deed and I still live there. Recently I received many violations by the state of Jacksonville Florida. I feel harassed.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2020

I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can the HOA in Florida landscape your (rented) lawn without your approval?

Hello! Not super important, but the HOA (to be clear, NOT our landlords landscapers) came and dug up all of the ground plants against the home we are renting, and trimmed all of the fauna and trees, without our permission. All growing areas were covered with mulch as well. I loved the plants in our... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Nov 2, 2020

It's impossible to answer this question without reading the HOA documents, but it is entirely possible they could if they gave the landlord notice to cure a violation and the landlord ignored it. You as a renter do not have very many rights when it comes to the HOA. The HOA documents are a... Read more »

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1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Florida on
Q: I have a couple living with me for 2 years now. Was supposed to be for 2 months. There is no lease. Can I tell them to

Move out or must they stay because of COVID mandate? She is an alcoholic and he is never here.

Barbara Billiot Stage
Barbara Billiot Stage answered on Oct 29, 2020

You can tell them to leave, but if they do not leave on their own you will have to file a court action for an unlawful detainer to get them out of your house.

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