Marci A. Rubin's Answers

My home owners association put a lien foreclosure on my home for failing to pay dues can they take my home, state of FL

If the HOA documents provide that the HOA can make the assessments and also enforce them, then yes - they can foreclose on the property. Unfortunately, it is not uncommon for people in financial hardship to stop paying their HOA assessments. If these same people are also failing to pay their mortgage mayments, it is likely that the bank will beat the HOA's to the courthouse to file the foreclosure action. Some of the older HOA declarations often failed to allow for enforcement of non-payment...

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Does a condo board have the right to deny a potential tenant after conducting a credit and criminal background check

This is a fact based topic. You should have a lawyer review your documents. A condo board cannot be discriminatory in denying a potential tenant. If the potential tenant poses a physical threat to residents then they can concievably be denied, although this is not set in stone. It is hotly debated. If the tenant poses a financial risk, a Board generally can request that the tenant pay its maintenance and assessments up front for the year or full term of the proposed Lease. A denial due to bad...

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FL real estate laws regarding purchase and sale, foreclosure, short sale of home

Based on the small amount of information in your question, bankruptcy may prevent the home from going into foreclosure. You should find a local bankruptcy attorney. Banks are entertaining short sales these days but you will need to have a buyer ready to make a definitive offer in order to present the short sale contract and package to the lender. There are many real estate agents who are working to list homes that are in short sale situations. You should be in contact with your bank to...

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After foreclosure, can the bank come after my primary residence and my bank account, saving and 401K and IRA?

Just to add another point to the previous answer, you should have someone review the mortgage on the investment home. It is often the case that prople who purchase investment property utilize the same lender as they have for their primary residence. It is not uncommon for such a lender to add a cross default provision in the mortgage that essentially says that if you default on the mortgage for the investment property, it is considered a default on all other loans you have with that bank.

FL state residential landlord tenant act, tenant's right against landlord refusing to allow new roommate

Unfortunately - it is difficult to answer this question, which is based on specific provisions that would be in the Lease. You should have a local lawyer review the Lease to be certain what your liabilities are. Your Lease will dictate if the Landlord will have any duty to mitigate their damages by reletting the apartment. The Lease will also dictate what kind of damages the Landlord can pursue and from whom (depending on who is listed as the Tenant). As a practical matter, the Landlord will...

Are buyers entitled to refund of earnest money if financing falls through under TX real estate laws

Without reviewing the contract for purchase and sale, it is impossible to give you an accurate account of what your rights are. The contract will govern how long you had to cancel the contract for financing reasons, if at all. It is common for there to be a financing contingency in real estate purchase contracts. Only a real estate attorney an properly advise you of your contract rights. Real Estate agents are not qualified to provide such advice and often neglect to reccommend to their...