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Paul Dezso de Holczer

Paul de Holczer’s Answers

98 total


  • Should I purchase a lot with a property lien on it using a quit claim deed?

    what are the risks in buying a lot from an individual that brought the lot on a tax sale, with a lien still attached to the property?

    Paul’s Answer

    There is no "cut and dried" answer to this question. The answer depends on the nature of the lien, the purpose of your purchase, whether or not you need this property, etc.

    In some cases the risks will outweigh any potential advantage to you; in other cases the risks will be negligible and will not outweigh the advantages to you of purchasing the property.

    Consult an attorney.

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  • Property Owners Association in SC. The Board of Directors are making decisions without the property owners.

    They said last year they were charging a one time restaurant user fee and it is in the minutes that they said this. This year they decided to charge it again without asking property owners, They have already remodeled the lounge and restaurant a...

    Paul’s Answer

    You should review the Property Owners Association bylaws and regulations. These should set forth the proper procedures for making changes to the bylaws and regulations and fees assessed. If the POA followed the proper procedures there is likely very little that you can do beyond moving away. If the POA did not follow the proper procedures, you will likely need to engage an attorney to address that. Remember that the POA can fight you and assess the property owners (including you) to fund the attorneys' fees and costs of defending the POA against you. POAs and HOAs (Home Owners Associations) are notorious for being unreasonable and litigious (There are many "horror" stories on the internet about owners battling HOAs and such.). You could end up spending a lot of money battling the POA. You always have a say-so, but unless you control or influence a majority of the owners, you will not prevail in making or changing policies the way you prefer. You should rethink whether or not you want to remain in a community with a POA or HOA. Good luck!

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  • Can I sue the builder of my home if the value has fallen to less than half the value due to poor workmanship?

    6 years ago we built the house we live in. Due to an unfortunate circumstance we fell very behind on our mortgage payments. The house is now facing foreclosure. We bought the house for 260,000 and it's now worth 100,000. The roof is leaking, ...

    Paul’s Answer

    You should consult an attorney.
    Take ALL of your closing documents and any photos and a list of problems and show these to the attorney.
    Do not wait any longer. You may be outside the time frame for a lawsuit or the construction contract may limit your recovery, but you will not know for sure until you consult an attorney.
    With these kinds of problems, you should not hesitate to consult an attorney immediately upon discovery of the problems.
    Good luck!

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  • We built a fence 6 years ago. A new neighbor had her land surveyed and claims our fence is in her yard and demands we move it.

    The surveyor found metal stakes 2 & a half feet inside our fence. 6 years ago, the builder had placed corner property stakes well past our fence line when we bought it so we thought we were fine. Our neighbor gave us a letter stating we had to mov...

    Paul’s Answer

    There are a couple of issues involved in this.
    The first issue is whether or not your neighbor's surveyor and survey are correct. The only way to challenge or confirm the survey is to get a survey of your own (It takes an expert to challenge.). If you do not want to incur this expense, then you will probably need to concede that your neighbor's surveyor and survey are correct.
    The second issue is whether or not you must move your fence. Whatever she told you is probably not important in this context. What is important is that, if her survey is correct or you choose not to challenge it, you will need to move the fence. You are trespassing on her property. You have not had a fence on her property long enough to adversely possess her land -- and, from the facts as you have related them, you did not intend to adversely possess her land.
    If your fence was built in reliance on the work of another surveyor or other professional, you may be able to recover the costs of doing so from that person. You will probably need a lawyer to recover, however.
    Good luck to you!

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  • Does a Psychic (Fortune Teller) require a specific license in Florida?

    If a license is required does it vary by county? Can the work be done in a home business setting?

    Paul’s Answer

    These are good questions and you might want to consult an attorney in Casadega, Florida about some of these. While a Dade County attorney can help with local county laws, Casadega is well known for the community of spiritualists there. Spiritualism is arguably religious practice and you may be able to avail yourself of some tax and business advantages of religious entities.

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  • My question deals with community association law...how would one know the difference between an assessment or dues increase?

    If a developer increased dues on a community, how would you know whether it is an unauthorized assessment?

    Paul’s Answer

    Ask. Your HOA should give you a clear and honest answer. Also, you can read your HOA agreement and bylaws. If you have misplaced your copy, ask for a new copy. Most HOAs have managers -- independent property managers -- who handle these matters. It should not be difficult to know what you should pay and why -- that is, where the authority of the HOA is established such that the HOA can ask you to make a payment. If this is not disclosed, see an attorney.

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  • Some one did repairs on my home and I found flaws [ have paid ] and he will not come back nor answer my calls . what can I do

    I had doors replaced and there are holes big enough for my hand to fit through. Door will not lock because not lined up right. I did not see this because I am short but my daughter found it This is home I rent out.

    Paul’s Answer

    Hopefully, you used a worker who is licensed and bonded -- but it sounds as if you did not. You can sue this person in magistrate's court but, depending on how much he was paid, you may determine that is best to get an actual contractor to fix the problem and write off the shabby work as a hard lesson learned. If this person installed any locks, I would suggest that you change the locks since the person may be dishonest as well as incompetent and may have kept a duplicate key for a later visit. Much depends on how much you paid for the work.
    Also, in future, pay some up front and hold th e balance until you review the work. Few reputable workmen will begrudge you that.

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  • MY HOA HAS CHG RULES GOV PROPERTY RIGHTS. CAN I SUE IN SMALL CLAIMS COURT TO RECOVER MOVING EXPENSES?

    THE CC&R PROPERTY RIGHTS REQUIRE GUEST RESIDE ON HOME OWNERS PROPETY TO BE AFFORDED USE OF THE AMENTIES. MY HOA HAS CHG THE RULE TO PERMIT PARTIES OF UP TO 50 PEOPLE NON RESIDENTS AT A TIME AND GROUPS OF TEN GUESTS PER HOMEOWNER ANYTIME THEY WANT ...

    Paul’s Answer

    You will need to look at the HOA agreement and rules and ascertain whether or not the rules were changed in accordance with the procedures for changing the rules as laid out in the agreement. If the rules were changed in accordance with the established procedures, you probably have no recourse. If the HOA is still being governed and controlled by the developer of the community, you might have an action for breach of contract. Your best bet is to get all the paperwork together -- your deed, HOA agreement and rules, etc. -- and consult an attorney. In the event that the rules were changed properly you have no recourse and will want to move without reimbursement. If you research stories on HOAs and lawsuits you will likely find that these lawsuits are commonly resolved only after a homeowner has expended considerable funds and, even then, with very little satisfaction for the homeowner. Your HOA fees and special assessments will help fund the lawsuit defense by your own HOA against you! This is why HOAs are problematic. I wish you good luck, but I cannot encourage you to pursue this very far. You will likely be disappointed and poorer for the effort. Best Wishes!

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  • I bought two tv from aaron's renter center and some one broke in my house while i was at work and took on of them and a week

    a week later the other one fell of the stand .Can they make me pay for them even one was stole and the other fell what can i do they tell me i need to pay for the one that was stoleing and the other they dont want it back because it dont show good

    Paul’s Answer

    You need to look at the contract you have with the rental company. The contract will set out your responsibility and the responsibility of the rental company in case of theft or damage. If you cannot understand the contract you may want to consult an attorney. The attorney will examine the contract and ascertain the responsibilities of the parties. If you cannot afford an attorney, you can apply for assistance at South Carolina Legal Services' Charleston Office. That office serves: Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, and Jasper Counties
    2803 Carner Avenue
    Charleston, SC 29405
    Toll Free: 888.720.2320
    Phone: 843.720.7044
    Fax: 843.760.1090

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  • Is it leagle for a realitor to sell me a lot that used to be a tire dump. property still has 300 + tires on it & i wasnt told.

    Realitor showed me the wrong property until the day before i signed a contract. then "relized" that it was the property next to it instead. she took me out to see it and told me that i was actually getting a better deal. i was told that there was ...

    Paul’s Answer

    You should consult an attorney immediately. The attorney will need to see the sales contract and deed and any plats. Take photos, too, if you can. It may be that you were too trusting and did not do your due diligence; however, it may be that you were misled and misinformed -- or even "tricked" as you say. You will need an attorney to sort this out and advocate for you. I wish you all the best in getting th is matter sorted out.

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