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Kevin Luis Deeb's Answers
- 34 Legal Answers
- 1 Legal Guide
3
Attorney answers:
FL condo homeowner association law, homeowner's rights, unpaid assessments
In Florida, when a lender finalizes the foreclosure action, either a third party buys the property at auction or the lender ends up obtaining title to the property. Under both circumstances, a Certificate of Title is issued. If the title is issued to the lender (no bidder at auction), the lender only owes 6 months of back assessments to the association AND must then begin to pay all future monthly assessments. If they fail to pay, the association can file a lien against the unit and later...
11 people marked this answer as helpful
2
Attorney answers:
Non-payment of property taxes
The issuance of a tax certificate occurs upon the owner failing to make the tax payment when due, as explained by Mr. Chen. Your question states that either you have failed to make the payment or plan on not making the upcoming 2008 payment. Once the foreclosure sale (auction) occurs, the sale is made subject to the property taxes. As far as the county is concerned, the current (new) owner will then be responsible for the payment. However, if the lender keeps the property (in other words,...
4 people marked this answer as helpful
3
Attorney answers:
Procedure for responding to a summons and complaint for foreclosure in FL state
Before an accurate answer can be given to you, a thorough review of the complaint is required. Your specific situation with regards to the property and the loan that is being foreclosed will also determine what your response to the complaint will be as well as what your course of action should be. I strongly recommend that you seek the advice of an attorney that can review your complaint and help you make a decision in light of the other circumstances revolving around the property, the loan...
4 people marked this answer as helpful
4
Attorney answers:
My condo assoc. got a summary judgement against me yesterday. How long should it take in FL for my unit to actually go to
The actual Summary Judgment will indicate the sale date of your unit. The time depends greatly on the county where the property is located, but must be no earlier than 20 days from the date of the judgment or later than 35 days (unless the condo association's attorney agreed to more time). You can seek to have the judgment vacated, but you should definitely consult an attorney before you attempt this on your own. You can also file for bankruptcy protection, which, again, may require the...
1 lawyer agreed with this answer
1
Attorney answers:
Do I have the right for my full deposit, when landlord has not given written notice of his intention to impose a claim?
Florida Statute, 83.49(3)(a) states that "upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for...
2 people marked this answer as helpful
3
Attorney answers:
Under FL residential landlord tenant laws can a landlord begin eviction process after giving 3 days notice
It is difficult to give you a clear answer since little information has been given. Let it suffice to say that if you have not paid rent in a timely manner and the landlord has provided you with a "properly" 3-Day Notice, then the landlord may bring an eviction action against you and successfully remove you from the premises. If, however, the 3-Day Notice is incorrect (your facts seem to indiate that the landlord is asking for rent that is not yet due), then you have a very good and valid...
2 people marked this answer as helpful
3
Attorney answers:
Landlord tenant laws in FL state, final eviction notice provided by landlord
It seems that there might be some confusion with the clerk's office, unless you have another count pending (for money damages). I recommend that you contact the clerk's office to discuss this further with them.
2 people marked this answer as helpful
3
Attorney answers:
Can the owner of the house turn me down after we are under contract for me to buy the house?
No matter what the seller says, the terms of the agreement govern the way the transaction takes place. Since this is an REO, I am sure that the contract you have is riddled with terms that are very one-sided (benefiting the seller). Read it carefully and you will learn how funds are to be delivered at closing. You might very well find that a wire transfer is required at closing. Because of the circumstances, I highly recommend you hire a seasoned real estate attorney to review the contract...
1 person marked this answer as helpful
3
Attorney answers:
I purchased a condo assoc. foreclosure at the Broward County auction.
Yes, according to the scenario you describe, the mortgage lien is superior to your ownership interest and therefore you are responsible for paying off that lien. Your responsibility, however, is limited to that ownership interest. In other words, your failure to satisfy the mortgage (by not making payments or paying it entirely off) will not affect your credit (obviously) and they will not be able to pursue any deficiencies - but you will lose your ownership interest in the property....
1 person marked this answer as helpful
2
Attorney answers:
Ex Wife Foreclosing on home
As the previous attorney mentioned in his answer, the lender's attorney may have included you simply to ensure clear title to the lender after foreclosure. If they had no reason to include you (because, as you said, you were removed from title and liability under the note and mortgage), you may be entitled to attorney's fees for defending yourself (or having yourself removed from the suit). This, however, all hinges on what "really" happened during your divorce and your removal from the title...
1 person marked this answer as helpful