Questions answered by Barry Louis Miller

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I live in Florida and just found out my landlord passed 2 weeks ago. The niece/nephew have not notified me about anything. Now?

Barry's answer | Answered on December 06, 2012

If you do not have anything in wrting, it would be extremely difficult to assert a claim for the property. The family will need to probate the...

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In Florida, if the statute of limitation on the promissory note has run, is the mortgage still a lien on the property?

Barry's answer | Answered on December 05, 2012

Yes, although the statute of limitations may have run to collect on the promissory note, the mortgage remains on the property as it is on the...

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How should my uncle respond to a preforeclosure summons?

Barry's answer | Answered on December 05, 2012

You should seek out an attorney to assit you and your uncle. There are several factors to consider. First, it must be determined if your uncle...

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Am I responsible for paying my last months rent / or a smaller cancellation fee

Barry's answer | Answered on December 05, 2012

You need to reviw the terms of the lease to determine if there was a breach. From your senerio it appears that they mave have breached a covenant...

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I bought a house in auction but this is from asociation, and i now this house have a mortgage and am crying for my money.

Barry's answer | Answered on December 04, 2012

You need to provide more information for a complte answer. If you bought this at a public sale and the HOA was the plaintiff, you have purchased...

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How can I get a payoff amount on a property the bought from HOA foreclosure auction?

Barry's answer | Answered on December 03, 2012

You need to hire a real estate attorney to assit and evaluae the situation. The first thing would be to run a title search to see the status of...

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What are the same in the Florida statue of the UCC 1-207 & 1-308

Barry's answer | Answered on November 27, 2012

The corresponding FL Statutes are online at: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXIX#TitleXXXIX

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I have a tenant that has not paid rent in over six months. He has a month to month tenancy.

Barry's answer | Answered on November 27, 2012

Presuming the residential property is in Florida and you do not have a lease, Florida Statute 83.57 states: "When the tenancy is from month to...

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I want to purchase a home at foreclosure judicial auction. What do I need to look out for?

Barry's answer | Answered on November 27, 2012

There are many pitfalls for a novice buying at a judicial sale. First, you should hire a real estate attorney to assist you. Have a title search...

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How many times in one year can i be charged attorney fees , forclosue cost, fees to terminate forclosure from a forclosure attur

Barry's answer | Answered on November 26, 2012

You should request a breakdown of the fees. We have found lenders charging attorneys fees when an attorney was not involved. To clarify some of...

Barry Louis Miller's Answers (77)

I live in Florida and just found out my landlord passed 2 weeks ago. The niece/nephew have not notified me about anything. Now?

In Florida, if the statute of limitation on the promissory note has run, is the mortgage still a lien on the property?

How should my uncle respond to a preforeclosure summons?

Am I responsible for paying my last months rent / or a smaller cancellation fee

I bought a house in auction but this is from asociation, and i now this house have a mortgage and am crying for my money.

How can I get a payoff amount on a property the bought from HOA foreclosure auction?

What are the same in the Florida statue of the UCC 1-207 & 1-308

I have a tenant that has not paid rent in over six months. He has a month to month tenancy.

I want to purchase a home at foreclosure judicial auction. What do I need to look out for?

How many times in one year can i be charged attorney fees , forclosue cost, fees to terminate forclosure from a forclosure attur