Pamela Jo Hatley’s Answers

Pamela Jo Hatley

Tampa Real Estate Attorney.

Contributor Level 4
  1. Is there a relatively new Florida law grandfathering leasing rights in the absence of any HOA covenants?

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    2. Marshall C Deason Jr.
    3. Carol Anne Johnson
    4. Barbara Billiot Stage
    4 lawyer answers

    Your amendment must be reasonable, and the HOA must very carefully follow its own procedural requirements, as set out in the declaration, bylaws, and article of incorporation, for the adoption of covenant amendments. Amendments such as the one you wish to adopt, which restrict property rights that were in existence when the parcel owner took title will be subject to strict scrutiny. The restriction on leasing rights will apply prospectively, to future rentals in the community; not...

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  2. What is involved with creating an easement for ingress and egress?

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    2. Barry Louis Miller
    3. Michael S ('Mike') Hagen
    3 lawyer answers

    The answer to your question is...it depends. It depends on several facts that you have not disclosed in your question. First, section 704.01(1), Florida Statutes provides that an implied grant of a way of necessity is presumed if a landowner conveys lands to which there is no accessible right-of-way except over her or his own land. In such cases, an implied way of necessity is presumed only if there is no reasonable and practicable way of ingress and egress, and a way of necessity is...

    4 lawyers agreed with this answer

  3. How do you remove a life use from a deed? The person with the life use is alive and is willing to be removed from deed.

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    2. David Lloyd Merrill
    3. Marshall C Deason Jr.
    4. Vincent J. Gallo
    4 lawyer answers

    If your stepmother has a life estate she could convey her life estate to you by deed. If the deed says something to the effect of You as owner, subject to a life estate in Stepmother...or Stepmother as to a life estate, and You as remainderman, then once Stepmother conveys her life estate interest to You, then by doctrine of merger You own in fee simple. You should have a real estate attorney verify the manner in which title is held, and prepare the deed accordingly.

    3 lawyers agreed with this answer

  4. In Probate, if a party is determined homestead can that person lose it or have it dismissed?

    Answered almost 2 years ago.

    1. Lawrence Jay Davis
    2. Marshall C Deason Jr.
    3. Astrid de Parry
    4. Pamela Jo Hatley
    5. Jeramie J. Fortenberry
    6. ···
    6 lawyer answers

    Based on your question, it is not clear exactly how title is held in the property. Nevertheless, section 732.401, Florida Statutes, states, "...if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death per stirpes." Assuming your father's wife holds a life estate, and you and your siblings are "remaindermen," your father's wife owns...

    3 lawyers agreed with this answer

  5. Country Link (C.L.) installed a line on my property instead of on owner's who wants C.L.'s service, what can I do?

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    2. Carol Anne Johnson
    2 lawyer answers

    CL does not have a right to install its lines on your property without your permission. However, CL might have installed its line in an area on your property where there is an existing utility easement that grants CL such rights. If you have a survey, title insurance policy, or copy of the plat (if your property is in a platted subdivision) you should consult those and see if such an easement exists. Additionally, CL might have installed its lines in an area that is actually public right-of-...

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  6. I want to keep the house, would I be responsible for the second mortgage on the house?

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    1 lawyer answer

    The short answer is "Yes." The lender may foreclose on the home if you fail to pay debt secured by a mortgage on the home. If you are unsure whether the debt is secured by a mortgage on the home, you should meet with a real estate attorney to review your documents.

    2 lawyers agreed with this answer

  7. 2 brothers 1 sister tegether own a property. 2 brothers decided to sell the property. Does law allow 2/3 go ahead to sell ?

    Answered almost 2 years ago.

    1. Barbara Billiot Stage
    2. Pamela Jo Hatley
    3. Marshall C Deason Jr.
    4. William R Wohlsifer Esq.
    4 lawyer answers

    The short answer is "yes." Any of the co-owners may sell their interest in a real property. If your brothers do sell, you will be left owning the property as a co-tenant with the new owner(s). If that is not a situation you wish to find yourself in, you might negotiate with your brothers to buy their interests. Keep in mind also, an owner of real property may only convey the interest he or she owns. Carefully examine your deed. Is there any language in the deed specifying the percentage...

    1 lawyer agreed with this answer

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  8. How to sue your city water and drainage dept. when they make your house unusable due to plumbing problems.

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    1 lawyer answer

    You may have a cause of action against the owner of the adjacent property under theories of trespass, negligence, private nuisance, and possibly others. One way to approach this would be to engage an attorney to serve a demand on the property owner to correct the drainage problem. It would be advisable to have your own independent expert evaluation of the drainage system. If the owner is cooperative s/he might do the right thing and take corrective action. If not, your only recourse might...

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  9. 4 parties on deed as jtwros, mom, dad, myself and DP. Mtg in dads name only. Dad and mom died. Can I pay off entire mtg balance?

    Answered almost 2 years ago.

    1. Marshall C Deason Jr.
    2. Carol Anne Johnson
    3. Dale Christopher Carson
    4. Pamela Jo Hatley
    5. John Arthur Smitten
    5 lawyer answers

    You may certainly pay off the loan...it is doubtful any lender would refuse a payment. How to get an accurate payoff amount seems to be the real problem as you expressed it in your question. Apparently the lender is reluctant to give you information on the loan because you are not the borrower. You may be able to get around that... For example, does the lender send a monthly statement showing the principal balance? Or at least an end-of-year statement showing the principal balance? If so,...

    1 lawyer agreed with this answer

  10. I have my state Lic for a in home day care and I moved in this sub division now the HOA is telling me I cant have it here

    Answered almost 2 years ago.

    1. Pamela Jo Hatley
    2. Barbara Billiot Stage
    3. Joseph Robert Gosz
    4. Vincent J. Gallo
    4 lawyer answers

    State law requires the seller to give the buyer an HOA disclosure prior to executing a contract to sell a residential parcel. You could have voided the contract prior to closing if you did not receive this disclosure. However, the right to void the contract based on failure to disclose terminated at the closing. So you cannot void the purchase now that you have closed on the sale. Even if you never received a copy of the HOA declaration and other governing documents, the use of your parcel...

    1 lawyer agreed with this answer