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Rex Edward Russo

Rex Russo’s Answers

614 total


  • Can i sue my landlord?

    i was remove from my apartment with out a legal documentacion or eviction letter can i still sue them, i lost everything

    Rex’s Answer

    Was your rent up to date? Were you still occupying the premises daily or were you absent? If absent, for how long? Did you notify the landlord that you would be absent? Did you have a written lease? Did you pay week to week? Or, did you pay month to month? Did you have a security deposit? A landlord can legally assume that you abandoned the property if you are behind in rent payments, and absent for a period of time without notice. The period of time depends on the rent payment periods. In a month to month lease, it would be 15 days. Under an abandonment, the landlord does not need to give the required notice regarding the security deposit. However, if the landlord evicted you without process of law, and there was no legally recognizable abandonment, then the landlord committed a wrongful eviction and can be sued for damages.

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  • I have a mechanics line on property but want to attach the actual equipment that we delivered to the property as well. Help.

    Mechanics Lien

    Rex’s Answer

    It's to late to take a security interest in the equipment you delivered to the job site. You can not therefore do anything by way of a prejudgment replevin. However, if your lien rights are properly perfected, and you gave all of the proper notices, and there is equity to meet your lien against the project, then you should be in good shape. A lot of IF's there. It's not a good idea to proceed to deliver goods without payment, or file a lien in the hope of payment, without first getting good counsel. Best wishes for a successful outcome.

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  • This is re: a unit in a Condo that is owned by the Bank. The Condo holds the title certificate and rents out the property.(unit)

    It was learned at a Board mtg. that the attorney for our building represented a client interested in assuming the title for this Unit. There supposedly was another bidder for the property as well, but the attorney's 'client' supposedly had a highe...

    Rex’s Answer

    Yikes! Assuming those facts are all correct, you were correctly advised by the attorney who told you that it was all highly unethical and subjected the attorney for the association to being sanctioned by the Florida Bar if a complaint is filed. Sounds like it is time to throw out both the President and the attorney of the association.

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  • How can I get a title from a dealer for a car that has been paid off?

    I purchased a car in 2009. In 2011 I filed bankruptcy due to a divorce. The car has been paid off through my bankruptcy. First, the dealer attempted to tack on fees, now he refuses to give me the title. Is it worth getting a lawyer or waiting unti...

    Rex’s Answer

    You say that the car was paid off through your bankruptcy. I take that to mean you filed a Chapter 13, or valued the vehicle and paid a lump sum amount through Chapter 7. Either way, it's best to go back to your bankruptcy counsel and seek a contempt of court order against the car dealer for failure to honor the pay-off. Most judges award a sanction against such miscreant creditors in the form of costs and attorney's fees to the debtor. Knowing that, some bankruptcy attorneys proceed on the motion without upfront fees, but costs would be required by them.

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  • Florida Tax Deed Auctions... If I win the auction, does that mean all liens are extinguished?

    If I win the auction for a tax deed in Florida, do I get a clean deed / title? Do I owe anyone besides the taxes? What happens to the mortgages or HOA debt?

    Rex’s Answer

    The actual deed auction, and not the certificate auction, is very similar to a foreclosure action. Since taxes are considered king of the hill, all other liens and interest holders below it are wiped clean, provided once again that the lien holders and other interest holders are properly notified. There are many pitfalls, including the belief that all liens are extinguished, which even aside from the service issue is not necessarily true. Certain county liens and municipal liens could remain in force. Sometimes it takes even more than a mere title search and file examination. It's very risky business.

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  • My foreclosure falls within the 5yrs statute, is it worth fighting?

    My foreclosure qualifies for the 5 years statute and it is one of my legal defenses we have filed with the court... My lawyer said that the judges are allowing for banks to change the default date and that the 5 yrs isn't worth fighting... what is...

    Rex’s Answer

    I absolutely agree with Mr. K's assessment. Although there is an opinion from our District Court that would support dismissal if a case is refiled more than 5-years after the first action was taken, that case is not yet final and is pending a motion for a possible determination by all the judges of the Third District Court. The Third District Court of Appeal is likely waiting it out to see what decision the Supreme Court makes on a very similar case pending before them and set for oral argument this fall. My humble opinion is that the Supreme Court in a prior case has already spoken on the issue, just not clearly enough. Accordingly, I think they will find that a precatory request for acceleration in a complaint or letter, which contractually seeks actual acceleration by way of a court's final judgment, is not an acceleration triggering the 5-year statute barring the foreclosure of the debt due. Many additional legal arguments support why it would not be an acceleration. You do however likely have the benefit of not having to pay what is over 5-years old.

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  • Is there a legal definition of 'immediate family' in the state Florida and if so what does it include?

    Condo declaration says immediate family' can use unit in my absence. Last year they added a written rule saying family was considered to be someone related by blood or marriage.  When I recently called the manager to say my sister and uncle would ...

    Rex’s Answer

    In a 2002 opinion, the Third District Court of Appeal, in a footnote, adopted the meaning from Black's Law Dictionary (7th ed.1999) that "immediate family" means "[a] person's parents, spouse, children, and siblings." Your uncle is none of those. Unless the declaration of condominium is amended according to its terms, which typically requires a super majority vote, then the legal interpretation ought to apply.

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  • Giving percentage of my LLC but not the income generated by the rental.

    I have three rental properties owned by my LLCs. Can I give interest of my LLCs to my family, but not the income generated by the rentals? I want my family to become members of my LLCs but not receive any economic interest until I die. I need my ...

    Rex’s Answer

    There are many ways that you could accomplish your goals. However, aside from the tax perspective and need for advice from that angle, you should contact a wills, probate, and trust attorney. They best fit the category of the type of attorney you need.

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  • What are the costs of changing to a RM-1 0303 MULTIFAMILY 10 UNITS PLUS : MULTIFAMILY 3 OR MORE UNITS from aRU-2 5700 - DUPLEXES

    I'm purchasing a property and I want to change the zoning code, what is the procedure or costs?

    Rex’s Answer

    Zoning is generally based upon the municipality controlling your property. In your case, it sounds like you are in unincorporated Miami-Dade. Zoning changes require a petition to the Board of County Commissioners. It can be very expensive depending on what is required to prove up your argument and get around the County's concerns which can be very extensive. Everything comes into play - whether you have multifamily housing on one or more of your boundaries or only single family homes and other duplexes, if not is multiply family housing close by to your property, the neighborhood trend toward multifamily or away from it, whether utilities in the area will support the increased density, whether the road ways will support increased density, whether there are sufficient schools near by, whether there are sufficient stores near by the property. It is a highly specialized field which is mostly dominated by bigger firms when you are proceeding at the County level. Check AVVO's "Find a Lawyer" first under "zoning attorneys".

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  • Can I boot someone car myself for parking on my private property?

    I own a office building and I have having issues with people who continue to park in my parking spaces. I am wondering if I can boot the cars myself if I post a sign warning people of the consequences of parking on my private property? They se...

    Rex’s Answer

    This from the Miami-Dade.gov site:

    "Vehicle Immobilization (Booting)
    All businesses and individuals that immobilize (boot) vehicles parked on private property must be registered with Miami-Dade County.
    Private property lots must have signs at each exit indicating that the property is an immobilization zone.
    The cost for removing a boot cannot exceed the rate approved by the County or a City and co-specifically authorized by the property owner. Booters must accept at least two of three forms of payment (cash only rate applies in any city that has not adopted a different rate). The County rate for removal of a boot is set at $65.
    Upon successful completion of the application process, each vehicle immobilization permit holder must prominently wear identification stating the full name of the business and permit holder on the front left side of the shirt at all times when performing vehicle immobilization work."

    So, you can only do it if you are registered. Towing companies generally are and provide the service under a contract, or you can attempt to get registered.

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