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David Harris Rosenberg

David Rosenberg’s Answers

93 total


  • Is a real estate license required in Florida to do Assignment of Contracts for homes and manufactured homes in Florida?

    Can someone legally do Assignment of Contracts and back-to-back closings (A to B closings funded by B to C closing) for residential homes and manufactured homes ( with or without land involved in the transaction of manufactured home) in Florida? ...

    David’s Answer

    Most title insurance underwriters will not allow A to B to C unless the A to B closing is fully funded and can stand on its own merits.

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  • Ex-girlfriend was put on the deed, but I've made all the payments. Now I want her off the deed. Any way to get her out?

    I placed my girlfriend on the purchase contract and deed, but she didn't make any of the payments. I paid for everything. Now we are split. Anything I can do to get her out and off the deed?

    David’s Answer

    she has to sign a deed over to you - be nice - offer a few dollars - otherwise she can make this very difficult

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  • Will my lien ever get satisfied ?

    Before the economy crash I was working on a contracted jobsite which I financed for fifty percent of the work. The lender ( Ocean Bank ) withdrew the loan for the construction and the contractor never paid our company what was owed. We filed a lie...

    David’s Answer

    Based upon the timing you have described your lien rights are most likely expired. A claim of lien is required to be foreclosed within 1 year of the recording of the lien. You may still have other legal or equitable remedies, but not with regard to the lien.

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  • Will I owe FL Doc stamp tax on a house I am building on a lot I already own?

    I will have a $200,00 mortgage.

    David’s Answer

    if you are taking out a mortgage you will owe doc stamps on the mortgage and intangible tax on the note. this will be paid at the closing of your construction loan.

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  • In Florida , Pinellas county, how to do an eviction of a tenant that we no longer wish to do business with. not delinquent.

    we have a week to week rental agreement, no lease

    David’s Answer

    per FL 83.57 need to provide not less than 7 days written notice (assuming when you say week-to-week you are referring to the frequency of the tenant's payments)

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  • I own a property in Miami titled solely in my name. How do I change the title to joint tenancy with my partner?

    I prefer to not have to pay attorney fees for what I imagine is a fairly simple procedure. There are no mortgages or encumbrances of any kind. I live out of state in Chicago.

    David’s Answer

    Prepare, sign and record a deed to you and your partner. Very easy.

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  • I just completed a short sale and the lender agreed to forgive the debt... Approval letters says there may be tax consequences

    What are the potential tax consequences? It was my primary residence and I heard that there are no taxes due on your home in a short sale. True? Should I speak with an attorney or accountant??

    David’s Answer

    You should speak with an accountant/CPA. In the past this was "generally" true in that the Mortgage Debt Relief Act was in place. However, it expired 12/31/13 and has not been reinstated as yet. Also, there are limitations even under the act as it applied to a primary residence.

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  • My attorney want me consent judgment Foreclosed to have more time to do the modification, is that a good strategy ? :(

    .........

    David’s Answer

    If you are at the point of facing a trial or summary judgment this may be the best way to get a few months to work on the modification. Usually the consent judgment is given in exchange for 90-120 days for the sale date.

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  • The foreclosure auction on my home took place today. How could the buyer get into the home without my key and take things out?

    I live in Florida. The buyer is a private investor. According to the auction website for the court, the buyer had until the end of today (sale date) to pay for the property but the bank attorney said I would still have a short period of time to ...

    David’s Answer

    The winning bidder at a foreclosure sale does not own the property until such time as full payment is made And the Clerk issues and records the Certificate of Title which transfers title to the buyer. Was the house listed or on aa lock-box? Perhaps that is how buyer got in.

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  • What is required from my contractor to remove a mechanics lien?

    Contractor put a lien on our property for final payment. We have negotiated terms, and come to a final agreement for the total. What paperwork must be filed to release the lien?

    David’s Answer

    Contractor to sign and record a release of lien.

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