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Kevin Lamontagne’s Answers

3 total

  • If someone agrees to take payments on something by a certain due date and you go past the due date can they keep your money?

    we have been making payments on a saddle since 11/11/09 for my daughter for Christmas. We thought we would have it paid off by Dec 1st but because of an unforseen emergency we wont have it paid for til 12/23/09. The person we were making the pay...

    Kevin’s Answer

    There is legal authority to the effect that a purchaser in default is not entitled to recover from a vendor monies paid in part performance of an executory contract. That might give the vendor the right to retain the monies you have already paid. However, if there is not a "time is of the essence" provision in the contract, you may very well be able to force the vendor to sell the saddle to you if you tender the balance of the purchase price to the vendor. The sooner you make the tender the better. Good luck.

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  • What is needed to purchase a forclosed condo in florida and where are they being sold at the county court house

    a certified check? how do know which amount or do you give a deposit and bank check the rest of it? are you responsible for any back association fees or taxes that may owed

    Kevin’s Answer

    In Palm Beach County, you must pre-register in order to bid at a foreclosure sale. The Clerk of Court maintains printed information on all of the requirements. Check with the Clerk of Court. A deposit must be made at the time of sale, and the balance must be paid by a specified time on the day of sale. It is all in the Clerk's printed information. The purchaser is liable for any unpaid real estate taxes. There are also limits on what association fees are wiped out in a foreclosure, so you may very well be liable for some association fees. There is a specific Florida Statute which must be consulted. I would recommend having the title checked before purchasing any property at a foreclosure sale. For example, if you purchase a property in which a second mortgage is being foreclosed, the purchaser will take title subject to the first mortgage.

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  • Bank is asking us to vacate property before they have title in foreclosure.

    I am a tenant in a property that foreclosed on 12/2. On 12/8 a realtor had asked us to leave propery by the end of the year. Title was filed on 12/21. How do I protect myself in this situation. With the new law, tenants are supposed to get a 9...

    Kevin’s Answer

    The 90 day notice you refer to is part of the Protecting Tenants at Foreclosure Act, which most likely applies to you if you are the tenant of a residential property. I know that in Palm Beach County, Florida there is an administrative order which requires counsel for the plaintiff to certify that the 90 day notice has been given, or the court will not issue a writ of possession. The administrative order in Palm Beach County was issued in order to comply with the Act. Even if there is not a similar administrative order affecting Sebastian, Florida, the court in Sebastian would still be required to comply with the Act. I would advise getting legal counsel to assist you in ensuring that the Act is complied with.

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