Florida Real Estate Legal Questions

Whoever is negotiating the short sale on behalf of the seller will need to remain vigilant in contacting the second lien holder to motivate a response. Typically the first lien holder offers the second mortgage between $3,000 to $6,000 (ask to see the short sale approval letter from the first lien holder for a breakdown).  If the seller is not willing to pay anything towards the second mortgage and, if the first lien holder will allow it, perhaps you can pay a relatively minor additional amount to the second lien holder as an incentive to approve your purchase. This strategy is only advisable if you are confident that the purchase price is low enough to justify your additional payment. 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

There is no way to to unilaterally get your name off of a mortgage without paying off the loan or refinancing and get the mortgage satisfied or released.  You might be able to get the current mortgagee (lender) to release you but that would essentially be a refinance.  It is not likely they will do that especially on an underwater loan. ... Read More

Seeking a modification of contract terms is not necessarily simple. The seller has probably acted in reliance upon your commitment to close by the closing date set forth in the contract. If the tables were turned and you were ready to close and move in but the seller requested an extension of the closing date, you may not find this a simple request. Having said that, the best and most cost-effective way to avoid problems in any real estate transaction is to retain a competent real estate attorney on your side from the start, especially before you sign the contract to purchase the property. I presume you hired a title company instead and have no one looking out for your interests in this transaction. If this is the case, explain to the seller and/or seller's agent why you need the extra time (hopefully you have a compelling reason, such as your lender needs a couple more days to prepare for closing) and offer to cover the prorations (e.g., real estate taxes, condo maintenance) for the extra few days. If you make a rational request, you are more likely to receive a rational response. 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

If Mom and Dad are the owners of the property as stated on the deed to the property and Mom did not sign the Note but did sign the Mortgage and related riders to the Mortgage, then Mom is not personally liable for paying the Note.  However, Mom's interest in the property is subject to the Mortgage. If the property is worth less than what is owed on the Note (as secured by the Mortgage), then Mom can "walk away" from the property and Mom will not be liable to the lender under the Note.  At some point if payments are not made to the lender in accordance with the Note, the lender will likely exercise its rights under the Mortgage and proceed with foreclosure of the property. 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

If the clubhouse is a common element, the association cannot discriminate against your use as an owner.  I am not sure they can even discriminate against use by a renter, although I would need to research that.  There are statutory procedures to require the association board to obtain an opinion from counsel, which, because it is expensive, usually is sufficient to call their bluff.... Read More

There are many more facts that will be necessary to discuss, but you should consult with a real estate litigation attorney.  Although it is many times a local issue, there may be violations of federal and state statutes for land sales (Interstate Land Sales Act is the federal version), and there may also be bonds that were posted for the completion of subdivision improvements.  The local municipality or county may have some responsibility for completion, as well as a lender.  So it may be worthwhile to dig deeper.... Read More

Until your landlord provides you notice in writing and gives you the opportunity to correct your alleged knocking you do not have to worry that your landlord is planning to remove or evict you from the property.  The problem is proving that you are not the person doing the knocking.  You are at a significant disadvantage because you are only in a month to month lease agreement.  Your landlord could decide not to renew your lease by providing you with a written notice 15 days before the end of the month unless your original lease agreement states otherwise.  See Florida Statutes applicable to residential landlord tenant law.  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html.  If you receive the proper  written notice from your landlord that he is terminating the lease, he would have the right to evict you if you remain in the property after the termination date.  ... Read More

You need to review any court orders, judgments and communications from lender to see if they say anything about your lease and your payments.  Typically, in a foreclosure, your leasehold interests are also foreclosed, so your lease may actually have been terminated in the foreclosure.  In that case, you could claim landlord is in breach, or there has been a judicial "assignment", and you shouldn't pay any rent to him. Foreclosures can be strange in that actual ownership transfer is not precise.  An order or judgement does not transfer legal title.  That will happen with a Certificate of Sale from the clerk. You can communicate with the lender and ask where to send your lease payments.  Perhaps you can use this as an opportunity to even renegotiate the terms of the lease.  There is a risk if you stop paying rent but my guess is that the lender will want you to stay in the property, so best to talk with them. As for paying the landlord, I would withhold further payments but keep them available pending how things work out.  It is highly unlikely at this point that the landlord would try to evict you.... Read More

Many loan modifications are completed without attorney involvement.  However, modification terms may be complex enough that an attorney should be consulted to explain legal terms and effects and possible options.  The tax effect of a modification may also require that your tax advisor be consulted. In any event make sure that you read AND understand all documents of the loan modification.  If you do not understand everything, then seek legal counsel. NOT intended as legal advice for your particular circumstances. Do not rely on this and seek your own specific legal advice. No attorney-client relationship is established hereby.... Read More

An out of state creditor can not directly place a lien on your Florida property unless you gave them a mortgage or other lien interest on your Florida property.  However, a creditor can obtain a judgment against you, and then domesticate their foreign judgment in Florida, which would then result in a lien on your Florida property.  By the way, if your Florida property qualifies as homestead property, the creditor's judgment lien will not attach to that property as long as the property remains your homestead. This can be complicated (especially Florida homestead), so be sure to consult an experienced Florida attorney for advice on your particular facts. NOT intended as legal advice for your particular circumstances. Do not rely on this and seek your own specific legal advice.  No attorney-client relationship is established hereby.... Read More

Not sure that I understand how the problem arose.  A condo unit is legally described by a Unit # description, not a measurement or metes and bounds description.  So I can't see how the description could be 3 feet off. If a title agent or closing agent was involved in the prior transfer, then they should be consulted.  There may be title insurance that can be accessed to solve the problem. This sounds like there is more to the circumstances.  Can you go back to the closing agent (title company or attorney) and get a full description of the error and the choices for resolving?  Are you willing to sign the quitclaim deed without receiving any payment?  If not, then the attorney or closing agent has no choice, he has to report the payment to you, just like they did when you sold the condo unit.... Read More