Florida Residential Real Estate Legal Questions

The landlord must send it by certified mail within 30 days… the date the landlord sends it is controlling (not when you receive it).  You, the tenant, then have to send your objection within 15 days of receiving the landlord’s intention to impose against the security deposit.  If your landlord is intending to use some or all of your security deposit and you believe this is in error, consult with an attorney to help you get it sorted out.  ... Read More

Well, that’s the trouble with buying foreclosures… dealing with all of the issues that come with it.  To answer your first questions regarding the liens, you can do a couple of things.  Namely, you want to research the title.  You can do so by hiring a company to perform a title search (probably the most thorough option) or, if you are so inclined, you can research the title on your own.  Depending on what county the property is located, you may be able to do a search online of the official records.  Lienholders record their liens.  That said, if you are unfamiliar with this process, have a professional research the title.  Now, you mention two other problems – inspection and a loan.  You likely won’t even be able to get onto the property before the sale.  You can look at what you can see, but that property belongs to the owner of the property until it’s sold and title passes.  So, there's always a chance you walk into a "gutted" home or one with severe problems.  Finally, you are unlikely to find a commercial bank that will be willing to give you the case to buy a foreclosed property.  I suppose it’s possible to find private money, but keep in mind that when you make that bid, you better have that cash.  Do some research on the clerk of court's website in the county where the property is located and become familiar with the auction procedures.  Real estate can be a great investment, but, in my experience, buying foreclosures can be problematic.  Do your homework and put in the leg work.  And, just as a word of warning in Florida, beware of HOA liens… the last thing you need is to buy a property only to lose it when the HOA forecloses on it.... Read More

Dear Anonymous, If this deal was closed by a title company or attorney, they should have requested an "esoppel letter" from the associations involved in order to clear/delete title requirements. If a finally policy of title insurance was issued to you w/o actually clearing this title requirement, then it's very likely that your policy will cover you and you should make a claim against the title insurer.... Read More

Mr Stevens, Based upon the facts given, I couldn't say what the chances are settling are. However, given your limited finances and assets, the I imagine the Bank would agree to a settlement. Note: If the Bank gets a money Judgment, it can last for up to 20yrs and could seriously limit your ability to accumulate wealth. A judgment acts as a lien upon all of your non-exempt property, so it's usually worth the effort to contact the bank to work out a settlement. They usually will agree to some kind of cents on the dollar cash settlement or payoff over time of a discounted amount. Bankruptcy might be an option as well, but you should contact an attorney to see if it's right for you and whether you'd qualify. Asset protection planning is quite involved and I recommend you seek legal help.   Charles Sanford... Read More

First, I must assume that the Seller is designating the title company as the closing agent. Given a choice, I would use an attorney as the escrow agent just like you described in australia. However, most FL title companies write insurance on major title insurance companies and these companies provide insurance to buyers to protect them from agent defalcation (stealing). You can specifically ask for this coverage at no cost by asking the title company to issue you a "Closing Protection Letter" prior to closing. Hope this helps.... Read More

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation offers relief from tax for debt forgiveness on a borrower's primary residence.  This legislation was extended to apply to transactions closed by December 31, 2013. For more in depth accounting analysis, I recommend that you discuss the specific tax ramifications of your short sale with a tax accountant. 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 you and your husband own the house as tenants by the entireties (e.g., your deed states "husband and wife"), then it is unlikely that the lender will call the loan as a result of your husband's death so long as you are making timely loan payments and all other obligations pertaining to the property are being maintained.  If you are not on the title to the property, then you will need to consult with a probate attorney as soon as possible. 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

Dear Mr. Silvestri, Am I correct in assuming that the deed is currently in your name alone?  if so, is there a mortgage on the property?  Typically what needs to be done is to have a quitclaim deed prepared but there are also documentary stamp taxes that will need to be calculated and paid based on the outstanding principal balance of the mortgage(s).  Additionally, if the property is a condo or located in an area that has a homeowners association, you will probably need to get written approval. I am a real estate attorney and handle matters such as these all the time.  If you would like to discuss in more detail, please call me at 305.854.0500. With regards, Cheryl Julien Kaufman, Esq.      ... Read More

Dear Mr. Cornelius, You are correct to be concerned.  No one in the facts you posed represents you.  I have many clients who have purchased real estate in a short sale and they have hired me to represent them in connection with their purchase in a short sale.  It is peace of mind and smart to protect your interests.  Typically I review all the documents for my short sale buyer clients and the title commitment to make sure that the title co. addresses all of the outstanding title matters before closing.  I would definitely recommend that you engage an attorney to represent you in your purchase even though it won't be your attorney acting as the settlement agent.  It is typically handled by someone/a title co. chosen by the seller.  If you would like to discuss this with me, I will be happy to speak to you.  Please call me at 305.854.0500. With regards, Cheryl Julien Kaufman, Esq.  ... Read More

As a tenant, you have important legal rights under the Federal Protecting Tenants at Foreclosure Act of 2009.  This is a link to the Federal Register that further explains some of the provisions of this Act: https://www.federalregister.gov/articles/2010/10/28/2010-27309/protecting-tenants-at-foreclosure-act-guidance-on-notification-responsibilities-under-the-act-with   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

When a seller owes money to the condo association, the association's approval of the purchaser is typically contingent upon the association being paid in full at closing. This is typically specified in the estoppel letter issued by the association to the closing agent.  This is a fairly standard procedure and your closing agent, who is hopefully a competent real estate attorney, would be able to coordinate this with the condo association.  The typical Declaration of Condominium requires the written approval of the condo association or the transfer is void.   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 changes were made to a contract after you signed the contract and you did not agree to these revisions by initialing the changes, then it would not appear to be a binding contract. Rather, the seller, by making the changes, has made a counteroffer that you, apparently, did not accept.  However, since there are usually two sides to a story and there may be additional facts that you have not stated, you should discuss the matter with a local attorney.  As a general rule, most purchasers of real property in Florida would be far better served by having a competent real estate attorney representing them from the contract-review stage through closing, rather than seeking counsel only after the problems have occurred.   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 tenant has failed to pay rent when due, then provide the tenant with a three-day notice and otherwise follow the procedure set forth in Florida Statutes Section 83.56(3) and (4).  Here is the link to this section of the Florida Statutes:  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html   If the tenant fails to pay the rent as directed by the three-day notice, you can pursue eviction proceedings and/or discuss your options with a local attorney. 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

You do not have to remain current on your mortgage to apply for or be approved for a short sale. In fact, mortgages "owned" by FNMA currently require that the borrower be in default before a short sale can be considered. While I believe this is an unfortunate policy and I hope FNMA will cease this requirement, previously several of my clients were able to have short sales approved without being in default.   You should discuss your situation with a competent real estate attorney to determine the least harmful course of action for you. Please do not pay any up-front fees to any non-lawyers claiming to be able to negotiate a deal for you.  A competent real estate attorney should be able to guide you for less and actually represent your interests through this difficult time. 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 you transfer the property as indicated in your question, you will remain liable to the lender for the debt.  If the lender's collateral (e.g., the home) is worth less than the debt, the lender can seek a deficiency judgment against you.  You may wish to consider a short sale with release of liability or consult with a local real estate attorney to review your options. 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

It is your choice whether to spend a relatively small amount to retain a competent real estate attorney to represent your interests at the beginning of and throughout a real estate transaction, or spend much more money later in litigation costs and litigation attorney's fees in the event of a problem.  We can speculate on the numerous ways this friendly deal can go bad, or you can hire a competent real estate lawyer and protect yourself from the start.   It really is a "pretty simple" decision.   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 you are holding a mortgage on the house that your son lives in, is the owner of the house someone other than your son? Clearly, you are not the owner because you would not hold a mortgage on property that you also own. If your son is the owner and he pays off the mortgage, then you would need to prepare and record a satisfaction of mortgage in the public records of the county where the property is located.  If a third party is the owner of the property, then that third party would need to agree to convey the property to your son in exchange for satisfaction of the mortgage. That seems like an unusual situation, so I hope your facts are that your son already owns the property and you merely need to release the lien of your mortgage after being paid off. 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

The seller does not have to leave any items of personal property unless the contract between buyer and seller specifies that the item or items will remain after closing. The contract governs the rights and obligations of the parties. If the contract does not state that the washer and dryer are included, then the seller does not have to leave the washer and dryer in the condo. If, on the other hand, the contract states that all appliances that were in the unit at the time the contract was signed are conveyed to the buyer, then any washer and dryer that were in the unit at the time the contract was signed would need to be left for the buyer. 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 presume that when you state you are not "on the note" that you mean you did not sign the promissory note and are not obligated on the debt. If so, you are fortunate in that the lender cannot pursue you for repayment of the indebtedness evidenced by the note. However, since you indicate that you are a co-owner of the property and executed the mortgage so that the lender could properly perfect its lien, then if your friend fails to make the note payments, you will be named in the foreclosure action so as to remove any rights you have in the property. If the lender has a properly perfected first mortgage, then the lender's lien is superior to any interest you have in the property. Since you are not the borrower, the federal privacy laws that are supposed to protect the borrower prohibit the lender from providing any information about the loan to anyone but the borrower.  If the loan is not in foreclosure, the borrower can submit written authorization to the lender for financial information regarding the loan to be shared with you.  I do not know what you mean by the lender not having the "real" documents.  If the loan is already in foreclosure, you and your friend should consult with local counsel experienced in foreclosure defense to determine your rights. 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

The fact that the landlord hired a property manager should have no impact on your lease/contract unless there is a provision in your lease/contract stating that your rights change if the landlord hires a property manager. Unless your lease prohibits the landlord from hiring a property manager (which would be unusual), the landlord's obligations under the lease remain the same. 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

In the future, you should always use a competent real estate attorney to represent your interests in the purchase of Florida real estate. The closing agent should have sent the original recorded deed to you, together with your original owner's title insurance policy, after closing.  Their failure to send you the original deed does not jeopardize your rights of ownership so long as the deed was properly recorded in the public records of the applicable county. Please be sure to retain your owner's title insurance policy.  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

Presuming the deed is otherwise valid and there are no other title issues, if your name and each of your parents' names are the only grantees on the deed to the Florida condo and the words "as joint tenants with rights of survivorship" are clearly stated, then you would become the owner of the Florida condo upon the death of both of your parents.  You would need to record a certified copy of each parent's death certificate in the public records of the county where the condo is located. If the condo was not owned "as joint tenants with rights of survivorship", an ancillary probate will be needed in Florida for at least one of the decedents. Since the facts are often not as simple as initially portrayed, if there are additional complicating factors, please contact local Florida counsel to discuss. 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