S. David Cooper’s Answers

S. David Cooper

Orlando Real Estate Attorney.

Contributor Level 13
  1. What happens with my mortgage when I am no longer the owner of my home after the HOA sold it?

    Answered about 1 year ago.

    1. S. David Cooper
    2. Daniel Tam
    3. Jacqueline Alicia Salcines
    4. Barbara Billiot Stage
    4 lawyer answers

    When the HOA took your home at foreclosure, it became the owner. As of that date, you no longer owned the property, but the mortgage is still a lien on the property. We call that taking the property "subject to" the mortgage. The mortgage still has to be paid, or the lender can foreclose and take the property. The HOA then sold the home to someone else, who we will call "New Owner". Because the mortgage has never been paid off, the New Owner is also subject to the mortgage. That is why the New...

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  2. My deceased mother is on the deed for condo with my sister. How do I get the deed in just my sister's name or add mine?

    Answered about 1 year ago.

    1. S. David Cooper
    2. Marshall C Deason Jr.
    3. Betty Elaine Jones
    4. James S. Tupitza
    5. Pamela Thea Higer Polani
    6. ···
    6 lawyer answers

    First of all, forget the words "Quit Claim Deed" ever existed. It is not what you think it is. Secondly, how to transfer the title property will depend upon how the title was held; i.e., what the language of the deed says. If the deed says "...as joint tenants with rights of survivorship," then the property is already in your sister's name. If the deed says "...as tenants in common" or does not say anything, about how your sister and mother owned the property together, then the deed must be...

    7 lawyers agreed with this answer

  3. How do I fire my real estate agent in Florida? I am a buyer. Have been looking for a home for 5 months now. I have found

    Answered about 1 year ago.

    1. S. David Cooper
    2. Lewis Matthew Roberts
    3. Dennis Andrew Chen
    3 lawyer answers

    Your contract with the broker will determine how you may terminate the agreement. Usually, it is simply upon notice after a period of time as your exclusive agent. That can vary from 3 months to 6 months. If she is not performing her duties under the agreement, you may be able to terminate the agreement early. If after reading the agreement, you find that you are locked into an exclusive agreement with this particular broker, there are a few options. 1) The agent with whom you are unhappy...

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  4. Can i file a will in florida, i live in michigan (primary) florida (secondary)

    Answered about 1 year ago.

    1. Sabina Tomshinsky
    2. S. David Cooper
    3. William Charles Rosenfelt
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I not sure what you mean by filing a will. If you mean will your Michigan will be valid in Florda, yes, provided it was valid in Michigan. If you mean that someone has passed away and can you probate the will in Florida, it would be appropriate if Florida was the home of the decedent. Regardless of the validity of your Michigan will (if you mean your will), it is a good idea to have your estate plan reviewed by a Florida attorney to ensure you are compliant with the new laws and to address...

    6 lawyers agreed with this answer

  5. What are renters options when living in a property where Landlord owes community association dues and risk of foreclosure?

    Answered 3 months ago.

    1. S. David Cooper
    2. Susan I Kornegay
    3. Erik Matthew Hanson
    3 lawyer answers

    FIRST, regarding the demand for payment, you are required to make your payments to the Association, so do so. The statute also protects you from the landlord's attempt to evict you, so do not worry about any such threats by the landlord. He/she/it cannot evict you for paying the Association as required. SECOND, assuming there is no foreclosure action already filed, it will be at least 6 months before one is finalized and a foreclosure sale is held. That said, even if one were held today, your...

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  6. HI I have been looking for an apartment to rent, I'm a single mom living with my son, since two bedroom rents were too high, I

    Answered about 1 year ago.

    1. S. David Cooper
    2. Cheryl Rivera Smith
    2 lawyer answers

    Unfortunately, there is no 3-day rescission period for leases. That is a myth, probably coming from the right to rescind mortgage refinances, and a few other contracts. You are really at the mercy of the landlord. That said, the landlord does not want a tenant who is going to be a problem...and if you happen to mention that you think you will have trouble paying the rent, the landlord might be more than willing to "get rid of you" now rather than make you live someplace you don't want to live.

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  7. Can a landlord file eviction notice after tenant moves on on 3 day notice. Eviction notice was posted upon empty moved out space

    Answered about 1 year ago.

    1. S. David Cooper
    2. Stephen Kyle Hachey
    3. James S. Tupitza
    3 lawyer answers

    The eviction is moot (meaning that it is irrelevant); however, there may be any action for damages (money) based on unpaid rent. Your degense to the eviction is that you have already vacated the premises. You may need an attorney to review the case for other issues (like perhaps rent owed, the leaking roof and fire code violations).

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  8. Tenant and Landlord mutually agree, in writing, to end lease early. Should tenant be refunded their security deposit?

    Answered about 1 year ago.

    1. S. David Cooper
    2. James S. Tupitza
    3. Chadwick Lane Jones
    3 lawyer answers

    It may be 6 of one and a half dozen of the other. You say that the LL refunded the prepaid rent, but not the security delposit. Advanced rent belongs to the LL as soon as you pay it. Thus, if the amounts are the same (as is typical), the LL could say that the money refunded was the security deposit and the money kept was the prepaid rent.

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  9. Protecting Tenant at Foreclosure Act in Florida

    Answered over 2 years ago.

    1. S. David Cooper
    2. Margery Ellen Golant
    2 lawyer answers

    If you accept the lease as it is, then that is the rent the tenant will pay. However, you have a strong negotiation tool. The Protecting Tenants at Foreclosure Act does NOT protect tenants who are "paying a rent at much lower rate than fair market rent". Therefore, you can demand that she agree to pay more rent. If she does not agree, you can immediately terminate her lease and kick her out. Make sure that a proper addendum to the lease is added if she agrees to more rent. If she does not, you...

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  10. My home is being foreclosed and I was not on the loan only the note. Can I do a quitclaim deed to come out of the foreclosure?

    Answered about 1 year ago.

    1. Tara Marie Warrington
    2. S. David Cooper
    3. Carol Anne Johnson
    4. Jacqueline Alicia Salcines
    5. Roy A. Praver
    5 lawyer answers

    It is unclear from your facts whether you have any interest in the property or whether your only intetest was that of a spouse in a homestead propdrty. You also state that you were on the "Note" but not the loan. The Note IS the loan. Assuming you meant the Deed and not the Note, it it also unclear whether you signed the mortgage. It is unclesr when you took title. All of those factors are important. Did the Court grant titke to the property to your ex in the divorce, or merely require him...

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