Stephen Raoul Garcia-Vidal's Answers

Does a condo association have the right to put warnings on my door and car even after they have been contested by certified mail

You might want to let the division of mobile homes and condominium know or send them a cc of your letter. The next step could be a lawsuit or counter-claim if they file the eviction lawsuit. Also, the division could set up an arbitration.

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What action can I take to force a HAMP mortgage modification.

1. No, only the tax collector can dothat. 2. You can ask the servicer if they are holding the note, or if there has been assignment into the company that they service. 3. You may want to contact them to make sure that you did not double pay the taxes and ask for a HAMP or traditional modification.

Can I sue the Landlord for rent me a foreclosure apartament. I spend all my saving moving to this place which he lied about it.

You can only sue for fraud if there is a provision in the lease that is misrepresented. You cannot sue just because of a foreclosure. There has to be a breach of the lease contract, if you don't pay rent, then he will evict you per section 83 of the Florida Statutes.

What to do about assignment of rents on home in foreclosure.

The Court should appoint a receiver to receive the rent money. The landlord is still the owner of the property until the certificate of sale issued. However, the second mortgage holder's interest has been foreclosed out and the first lender must get a receiver appointed to receive the rent. The receiver will send the money to the correct party and will prorate it based on the ownership of the property.

Can I be evicted?

You are under a landlord tenant relationship and you cannot stop paying just because the house is in foreclosure. You have no privity with the bank. The landlord can give you a 3-day notice and start eviction. As far as the credit, he is a creditor and can report only true information to the credit bureau.

My boyfriend and I lived together for the past 4 years. He just died 3 weeks ago.

I don't know if your boyfriend died with or without a will. also, the great uncle is not a Florida resident and would not qualify as a personal representative in the probate. However, per the following statute the uncle would qualify: 733.304 Nonresidents.--A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (...

Will and quick claim deed information left by a deceased

I would have to see the quiclaim deed. Was it recorded, have two witnesses, and notarized? Otherwise, the will have to be probated and the assets will pass in the estate. Also, the quiclaim deed will pass out of probate and it depends on the wording of the deed. As far as the land being divided and the refinancing, that will require court approval. The trailer is personal property and I would have to see the title. The beneficiaries and the personal representative named in the will are...