Michael T Ross’s Answers

Michael T Ross

Miami Appeals Lawyer.

Contributor Level 7
  1. Can a property, transferred by a quit claim deed, to a new owner, be sold by the new owner without any additional deed filings

    Answered over 1 year ago.

    1. Michael T Ross
    2. Marshall C Deason Jr.
    3. Dennis Michael Phillips
    3 lawyer answers

    No. The condo owner transferred their interest to the condo association. The condo association transferred their interest to the mortgage company. The mortgage company now has whatever interest the condo owner had in the property. The mortgage company would not gain anything by filing a second deed conveying that same interest.

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  2. How do I protect what I have already paid in special assessment if the intended project is not effectively realized?

    Answered over 1 year ago.

    1. Michael T Ross
    2. Carol Anne Johnson
    2 lawyer answers

    The short answer, there will not be a refund. Here's the problem. The Board has a fiduciary obligation to maintain the common areas of your property. If those delinquent owners do not pay, the Board has the obligation to assess the paying owners more fees until the repairs can be completed. In other words, you will be paying for those non-paying owners. After several rounds of special assessments, the association will finally have enough money to make the necessary repairs. This is why...

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  3. I am a victim of a foreclosure defense scam and now have another foreclosure case, need help

    Answered over 1 year ago.

    1. Michael T Ross
    2. Mario Raynald Theodore
    3. Jacqueline Alicia Salcines
    4. Christine B. Adams
    4 lawyer answers

    There are many competent attorneys who can assist you with foreclosure defense related issues.

    4 lawyers agreed with this answer

  4. Florida Small Claims Court Appeals Case appellant didn't use correct font and supports my judgment in their brief.

    Answered over 1 year ago.

    1. Joshua Sachs
    2. Michael T Ross
    3. Robert Jason De Groot
    4. Clifford M. Miller
    4 lawyer answers

    I agree with Mr. Sachs. Florida courts are very pro se friendly and, in fact, in the criminal context it's not unheard of to receive a handwritten brief. However, at most, a Florida appellate court would only notify the party of their non-compliance with the rule, require them to resubmit their brief, and grant them an automatic stay. In short, your chances of winning on this basis are practically zero. The appellate court will decide the matter based on the merits. You will need to...

    4 lawyers agreed with this answer

  5. Which would be best option to file in Eviction Final Judgement(commercial lease), Motion to vacate Judgment or an Appeal?

    Answered over 1 year ago.

    1. Michael T Ross
    2. Clifford M. Miller
    3. Robert Jason De Groot
    3 lawyer answers

    If the final judgment has not yet been entered, you can file a motion for reconsideration. After the final judgment is entered, you can file a motion for rehearing pursuant to Rule 1.530; however, this must be filed within 10 days of the judgment date. If you are outside this 10 day jurisdictional period, your only option - other than to appeal - is to file a motion to vacate the judgment pursuant to 1.540. Now, I would recommend filing a motion for rehearing under 1.530 pointing out facts...

    4 lawyers agreed with this answer

  6. Do i need a real estate attorney?

    Answered over 1 year ago.

    1. Michael T Ross
    2. Andrew Michael Bonderud
    3. Kendra L. A. Stephen
    3 lawyer answers

    Yes. A real estate or civil litigation attorney would be ideal. You need an attorney who can review the contract and determine whether the mobile home park has a right to approve/disapprove transfers. Even if the mobile home park has the right to approve/disapprove transfers, the mobile home park might not be operating in good faith.

    3 lawyers agreed with this answer

  7. Me case dinaed . Form I290 dinaed . Now I'm in Russia ith datcher . Me husband us citizen , me datcher us citizen too .

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Alexander Joseph Segal
    3. Levan Natalishvili
    4. Shahzad Ahmed
    5. Jeffrey Adam Devore
    6. ···
    6 lawyer answers

    I agree with the above attorneys. You need an experienced immigration attorney to handle your case. Proper preparation and knowledge of the law will often be the determinative factor.

    3 lawyers agreed with this answer

  8. Exemption from special assessment?

    Answered over 1 year ago.

    1. Michael T Ross
    2. Marshall C Deason Jr.
    2 lawyer answers

    My recommendation. You need to have an attorney review the governing documents to determine whether the roofs are supposed to be maintained by the association. Now, assuming that the roofs are supposed to be maintained, the Board could likely grant an "exemption." As I see it, the Board had a fiduciary duty to maintain the common elements and presumably failed to do so. As a result, these unit owners were forced to repair their roofs in order to sell their home or to obtain property...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is there a court precedent that deals with what laws have to be followed in a dispute between the Master Assn and a Condo assn.?

    Answered over 1 year ago.

    1. Michael T Ross
    2. Marshall C Deason Jr.
    2 lawyer answers

    You need to review the master association declaration, and the declaration for your sub-association, to determine the duties and obligations of each association. Additionally, you need to review the master association declaration to determine what Chapter they are formed under. Lastly, it is unlikely that Chapter 617 is relevant to this issue.

    2 lawyers agreed with this answer

  10. How do I stop debt collector from harassment.

    Answered over 1 year ago.

    1. Michael T Ross
    2. Lewis Matthew Roberts
    3. Michael Charles Doland
    4. Kris K. Skaar
    5. Steven A. Jayson
    6. ···
    6 lawyer answers

    Agreed. An attorney well-versed in the Fair Debt Collection Practices Act should be easily able to cease these harassing telephone calls. And, additionally, can potentially file suit against the creditor for violation of the FDCPA. Michael T. Ross, Esq. E-mail: michael@flc-law.com Phone: (786) 363-0203

    2 lawyers agreed with this answer