Michael J Posner's Answers

Really confused in Florida as to best option for me/family. Fight foreclosure or Foreclosure & BK?

Avoiding a deficiency judgment is something you should negotiate with the lender. The best way to do this is through a short sale. It seems that if you have been trying to sell for two years either you are overpriced or have a bad realtor. Get updated comparables, and try to get a pre-approved short sale price from the lender with the agreement to waive the deficiency. If the loan was for acquiring or improving your primary residence then the debt forgiveness may qualify for exclusion...

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Landlord won't give back my last months rent nor my security deposit all the rent was paid in full and proper notice give

Florida Statute 83.49(3)(a) states: 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 imposing...

Under FL landlord tenant laws is there a one year limit to rental leases with a property management company

There is no one year limit on rental leases in Florida. However, FS 689.01 specifically requires that leases for a longer than one year must be witnessed by two subscribing witnesses to be valid. This rule is tempered by several judicial decisions that have somewhat waived this requirement if the tenant has already taken possession of the residential rental property. http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0689/SEC01.HTM&Title=-%3E2008-%...

What happens with a Second Deed of Trust when the First Deed of Trust is paid off?

A second deed of trust/mortgage is subordinate to the lien of the first deed of trust/mortgage. If that loan is paid off, the second lien moves up into first position and no action needs to be taken to make the second deed of trust a first deed of trust. However, if a new loan is taken and recorded, and the proceeds of that loan were used to pay of the first deed of trust, that new lender may have priority based on equitable subrogation, which literally means that the new lender steps into...

Can they legally charge me over $4,000 when they re-rented unit before I moved out + kept my deposit?

The general rule is that a landlord must mitigate their damages by attempting to re-rent the premises. SInce it appears from your question that the landlord did not have have any vacant period, the only amount you should owe would be the damages caused by your breaking the lease. Otherwise the landlord will be unjustly enriched. The applicable law is as follows and the key is the duty to mitigate. Use the statute to determine what you owe and ask the landlord for a refund if they took...