Florida Real Estate Legal Questions

You will have to sign a new deed to her.  Preparing a deed would probably be easier and cheaper than preparing an affidavit even if it could be done by affidavit.  Unless there are tax or other reasons to not do so, I recommend that you instruct your attorney to prepare the deed so that you and your wife will each own a 1/2 interest in the property but that, upon the death of either of you, the full title would automatically vest in the survivor.  ... Read More

He will have to bring an eviction action.  The sale of the contents might constitute a criminal act, so a police report could be filed.  However, many times these disputes get bogged down in questions of facts: who actually owned the contents, what agreements did they have, did she contribute to occupancy costs or pay rent, etc. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

The default under the lease has no direct bearing on the contractual obligation to loan the funds.  However, it may be an indication of an inability to fund the loan.  That would constitute a breach of contract, and if the lender does not voluntarily return the loan fee, you would likely need to file a lawsuit for return of those funds (and possible other damages).  Even if successful though, recovery of the judgement about might still be difficult. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

There are a lot of details here that I cannot help with.  As for the recording of the deed and the documentary stamp tax on the deed, there may be a way to pay only minimal doc stamps.  I suggest that you call the Florida Department of Revenue and call them to find out how you can fit into that exemption.  Otherwise, you will need to contact an attorney to review all facts and determine if you fit within the exemption.... Read More

You did not provide sufficient information for me to understand what the real concern is.  If two people (or two companies) share the same office space, they ordinarily are just two people (or companies) sharing office space.  If, however, they adopt a name, or otherwise conduct their business in such a manner as to lead the public to think there is a business relationship between them, they may have inadvertently formed a partnership.  If you have engaged in a business transaction to your disadvantage thinking there was such a business relationship, then there may be liability on their part (either separately or jointly).  In order to prove your case, it may be necessary for you to prove to the satisfaction of a court that they held themselves out as being partners in business and that this somehow damaged you.  All this can be complicated.  If you think you have been damaged in some way, you should arrange a conference with a good business lawyer in your area.  A modest conference fee can give you considerable comfort in just knowing whether you have been damaged somehow and whether you have a reasonable remedy.... Read More

There appear to be a few facts missing.  Once the court orders the homestead determination then all of the beneficiaries are essentially partners in owning the home.  If the property is being sold then all of the beneficiaries would need to sign the deed to transfer the ownership of the home to a buyer.  All of the beneficiaries would also need to sign the closing statement.  If all of the beneficiaries did not sign these documents then the title company could legally hold the funds.  If the beneficiaries still did not agree then the title company could deposit the funds with the clerk of court and file a lawsuit that is called an interpleader.  An interpleader lawsuit then asks the court to determine the ownership of the funds.  I recommend that you contact an attorney so that they may analyze the specific facts of your case. ... Read More

No, a landlord cannot scare you into moving into another property. Your lease is associated with the unit that you originally rented from the landlord and not every property that the landlord owns. If the landlord's property is in foreclosure you have the right to at least 90 days notice of the foreclosure. The tenant has other rights, such as those contained on this website : http://edis.ifas.ufl.edu/fy1108. I recommend that you seek the advice of an attorney to discuss all of the facts in your case so that may provide you with a full analysis of all of your rights as a tenant.  ... Read More

The HOA has foreclosed upon your home.  If you never received notice of the lawsuit or the sale of your home, you may have defenses that you have a limited time to assert.  You are still obligated for the debt owed for your mortgage.  You have 10 days after the date of the sale of your home to pay the HOA their fees and other costs in order to keep the home.  I recommend that you contact an attorney as soon as possible to discuss your options.... Read More

As long as the board member was telling the truth regarding the fact that you were behind on the payment of your HOA dues it would be difficult for you to sue the board member or the association for slander. However, you may have a basis to sue them for their collection practices. I would encourage you to contact an attorney to explore all of your legal options.  ... Read More

You need to do two things.  First, you will want to record a disclaimer in the public records of the county where the property is located.  A disclaimer is required to be in a certain form that is set forth by the Florida statutes, witnessed by two people and notarized.  Additionally, you will need to file a response, which is known as an answer.  In the answer, you will need to admit or deny the allegations of each paragraph in the Complaint.  You may also have affirmative defenses that you should assert.  I recommend that you contact an attorney to assist you in preparing the disclaimer and your answer.  ... Read More

Unfortunately, the police are typically not willing to investigate whether a person is legally in possession of a residential property if they have furniture and other items located in the home.  While the person technically could be trespassed from the property, the police will typically want to avoid any liability by waiting for you to file for an eviction. Then, the court will order that the person be removed by the police if they fail to leave the property. I recommend that you  seek the advise of an attorney for any other potential claims your mother may have against the person who is living in the home and against the person who stole the garage controls .   ... Read More

You can put property into a trust by creating either a land trust or a living/revocable trust.  The trust is created with an agreement that appoints an individual or individuals as the trustee(s) of the trust.  This agreement also identifies the beneficiaries of the trust and the type of powers that the trustee has in relation to the trust property. After the agreement is executed, the property is then transferred by a deed from the current owner to the trustee of the trust.   There are a number of legal and tax issues that arise in regard to homestead property, as well as, other types of properties, so I strongly recommend that you seek the advise of an attorney before transferring any property to a trust. ... Read More

First, with respect to whom you should make the payments you will want to check the court records in the county and state where the individuals last resided to see if there is a probate filed.  You will want to contact the personal representative of the estate to determine where and how the payments should be made.  If there is not a probate filed then in order to clear the lien from your property, you will eventually need to consider filing a lawsuit.  Particularly if you are planning to sell your house in the near future. I recommend that you contact an attorney to assist you with this process.  ... Read More

It is important that you get some comprehensive legal advice about your rights from someone like a short sale attorney or other financial counselor. You have a complicated financial situation that you need information on so that you can make a proper decision. Basically, the condominium Association has the right to file a lien and then foreclose it in the same way that the lender can foreclose their mortgage on a default. The difference is that if the condominium Association goes to a foreclosure sale, it will be sold subject to the first mortgage amount. Sometimes, associations adopt a strategy of commencing a foreclosure against the unit owner in order to force some action on the part of the first mortgage holder. If they can get the first mortgage holder to take over the property, then they can look to have Association assessments paid by the lender... Read More

These are very difficult situations.  If the lease does not allow the escrowing of rent, then the tenant is in violation of the lease and can be evicted.  If the lender has demanded that rent be paid to the lender pursuant to an assignment of rents, then in Florida there is authorization for the tenant to pay rent to the lender upon proper demand.   Be careful of tenants that start moving assets out of the property while they are in default. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Typically in Florida the buyer or a trusted agent of the buyer will perform a final walk-through inspection to confirm, among other things, that the seller has vacated the property and left the property in the condition required by the contract. If you did not verify prior to closing that the seller vacated the property, you will need to either provide the seller with an incentive to leave or you will need to retain local counsel to bring a legal action for possession.    The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. ... Read More

I would suggest that you keep fighting through this if you want the property.  Short sales are not easy, and problems such as yours can easily derail the process.  However, payment of the lienor can come from the seller (if they are motivated to sell), or the lender (if they are motivated to sell), or you can negotiate with the lienor directly and educate them that the lender could take the property through foreclosure and they will get nothing. Sometimes these problems just require persistence, and you usually are dealing with stubborn parties and apathetic parties, which makes it even more difficult. If you had a typical purchase contract, the burden of clearing title is on the seller, so if they are not apathetic, you might start with them.  Sometimes you can have a revised settlement statement submitted to the lender showing the lien payoff and they will agree to lower their proceeds to get the deal closed.  One of their primary concerns is to agree to a deal that has a market value for a price, and then they will negotiate any deductions from that (for closing fees, lien payoffs, taxes, etc.) And sometimes it is best to walk away to go onto the next deal.... Read More

You will need to review your condominium documents, and specifically your Declaration of Condominium, to determine what the definition of "common elements" is for your specific project. I think it is appropriate that the condominium association master policy would cover this sort of damage since a common element (the tree) is causing damage. I think it is lazy on the part of the Association to throw this in your lap, but again the circumstances of the condominium  may make that appropriate.... Read More

If these items were furnished with the house, you have no right to remove them without the owner's consent.  To do so would be theft for which you could be prosecuted. If the items were to wear out and need replacing, you would be ill advised to do that on your own without notifying the owner and getting the owner's consent.  If you were to purchase new appliances, they would be yours and you could remove them.  But be assured, if you have not coordinated the "switch" with the owner, you will be suspected of having stolen the original appliances.  Do not expose yourself to criticism, or worse.  If anything goes wrong with the appliances, have them repaired ... Read More

A quitclaim deed transfers legal title, but comes without warranties of title.  Therefore, if there is something wrong in the chain of title you cannot make any claim against the prior owner. One solution for this is to get title insurance on the transaction.  The title underwriter will conduct a search of the chain of title (and some other things) and assuming the search shows that title is "marketable", will issue you an owners title insurance policy.  Usually lenders would require title insurance, but since you indicate that there is no lender, no one would force you to get title insurance.  However,  I think the risk these days of title problems (especially in light of the problems that have arisen due to foreclosure and real estate crises) together with the quitclaim deed really points to the title insurance solution. For title insurance, a single premium is paid at closing.  There are minimum "promulgated" rates required by statute in Florida.  There are also some other costs associated (search fees, e.g.) and sometimes credits (prior policies, e.g.).  You might want to require that the seller pay for and provide this coverage, and also pay for the documentary stamp tax on the deed. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Perhaps your wife misunderstood her lender's request. You do not need to be on the title or deed to her new home. However, because you are still married to each other, you are required to execute the mortgage on her primary residence so as to waive any potential homestead rights.  If you purchase a home and obtain a mortgage, your wife (separated or not, you are still married) will need to execute the mortgage for any primary residence that you purchase with a mortgage loan. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. ... Read More