Florida Residential Real Estate Legal Questions

If the lawyer "doing" the closing represents you and not the buyer, please ask your lawyer if this delay is permitted by the contract and if you have any financial recourse against the buyer for the delay. For example, if the contract has a "time is of the essence" clause, you can request that the buyer pay the real estate taxes and other expenses of property ownership from the contract closing date forward. This presumes that the buyer will eventually close. If the lawyer "doing" the closing represents the buyer and not you, then you may not be getting the straight story. Your limited facts suggest that the buyer may be having trouble with the loan. Many lenders are taking their time getting loans closed because they are being very cautious and careful.  Hopefully the buyer's loan will be approved and closed within a few days and you can ask for the allocation of expenses mentioned above.  If there is a bigger problem and the buyer will not be able to close, you will need to seek local counsel to review the contract and the situation to determine if you are entitled to any remedies. 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

Based upon the limited facts in your question, it appears that you no longer own the condo unit since the association acquired it at the foreclosure sale. Your limited facts suggest that the association was the sole bidder, hence the nominal $100 stated bid.  It is unfortunate that you did not defend the association's court action against you because it appears that unless you are successful with your "motion to object to the sale", then you have lost your ownership interest in the condo unit. If you no longer own the condo unit, then you are making the mortgage payments on property you do not own.  However, if you stop making the mortgage payments, then you are at risk not only of another foreclosure judgment but also a judgment for the deficiency (i.e., the difference between the total you owe on your bank loan and what the lender is able to obtain on the sale of the property less expenses). Based upon the limited facts and assuming no other material issues and further assuming that you wish to keep the condo unit, you should also try to negotiate a resolution with the condo association for you to keep the unit.   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

Your obligation to pay HOA fees likely arises from deed restrictions or covenants recorded in the public records. Such restrictions would establish the HOA's right to foreclose a lien against the property owner for unpaid assessments.  Falling behind in your HOA payments is a serious matter, that should be addressed well before the HOA threatens foreclosure. It is to your benefit to negotiate a payment plan ASAP for the payment of past due assessments. Plans most attractive to the HOA may include the reimbursement of attorneys' fees and other costs of collection, but everything is negotiable. Without the HOA's mutual agreement, you may be forced to defend a foreclosure action to collect unpaid assessments. Such things as incorrect statements may be offered as evidence, but many courts will require payment of the unpaid amount to the HOA or into the court registry before considering an owner's defense. For further information, you should consult with a competent attorney experienced with representing owners in HOA lien disputes. DISCLAIMER:  Please note that the above answer is provided only as general information to the users of this site, and is not intended to create nor does it create any attorney-client or confidential relationship. Please contact your own attorney if you require professional legal advice. Sincerely,Glenn Sommer, Esq.GLENN S. SOMMER, P.L.Attorney & Counselor at LawMiami, Floridawww.sommerlaw.net... Read More

Your grandmother may very well be able to get her house back provided that she goes to Court and meets the elements of a cause of action known as "Constructive trust".  A constructive trust is where someone acquires a property by fraud or even where it was originally acquired without fraud, it is inequitable for the person to now keep it. In most jurisdictions, in order to establish a constructive trust and for your grandmother to get her house back, she would have to establish that there was (1) a promise made (express or implied), (2) the property was transferred relying on that promise, (3) there was a confidential relationship (family, close friend, fiduciary, etc.) and (4) it would be unjust for the person to keep the property. Your grandmother should act as soon as possible and not sit back idly.  There are defenses that can be raised to this kind of action including ratification, laches (delay in acting).  In order to fully evaluate the claim and potential defenses, a local attorney knowledgable in this field of law should be consulted. Alfred Polizzotto, III, Esq.      ... Read More