Archived
How long does an attorney have to respond or refile with the court if their foreclosure case
against a defendant is dismissed?
Barbara's answer
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Answered on July 17, 2012
It depends on the wording of the dismissal. If it was dismissed without prejudice there is usually language that gives them 20 - 30 days to amend...
Archived
What are the ramifications of letting the HOA lawyers forclose on a rental house that I own? I'm way upsidedown anyways.
Barbara's answer
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Answered on July 17, 2012
Collection billing by HOA attorneys is one of the most abused areas of the law because the Homeowners Association Act, Fla. Stat. 720, provides...
Archived
Our building has a history of mold and I was able to have the board hire a company to see if there was any mold in my condo apt
Barbara's answer
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Answered on July 16, 2012
You need to send them a certified letter requesting to inspect the official records. You can specify which records and they cannot ask you why. If...
Archived
Can the state of FL gov walk right into my home because on the INC papers with the state it has my home address, they did it
Barbara's answer
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Answered on July 16, 2012
More facts are needed. What state agency?
Archived
Can you tell me if my condo is responsible for paying for a leak that went from my unit to the unit downstairs.
Barbara's answer
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Answered on July 16, 2012
Generally, the water line to an ice maker is not a common element the association is liable for. To be absolutely certain you would need a condo...
I feel that my HOA is misappropriating funds. How do we get an audit done to make sure that our HOA and management are legit.
Barbara's answer
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Answered on July 16, 2012
You will need 10% of the owners to petition the board for an audit. Your other option is to request at copy of the financial records pursuant to...
Archived
Condo Association is holding my lease agreement application in limbo. What course of action should I take?
Barbara's answer
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Answered on July 16, 2012
You need to put them on notice that this is tortious interference with a contractual relationship and their actions in delaying the approval are...
Can a bank put a lock on a foreclosed house without an eviction?
Barbara's answer
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Answered on July 16, 2012
No. They have to have a writ of possession and the sheriff notifies you to get out. You could try calling the police to see if they will help, but...
Archived
What does illness give the landlord/tenant rights in the state of Florida.
Barbara's answer
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Answered on July 16, 2012
No court will allow you to live in someone else's property rent free and illness and financial hardship are not defenses to eviction. You should...
Archived
I am underwater by over $60,000 so why is my 3rd mortgage company suiing me for foreclosure? I am also being sued by my 1st!....
Barbara's answer
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Answered on July 16, 2012
While you can fight a foreclosure for quite a while with a good defense attorney, you will lose pretty quickly if the HOA forecloses. At the very...
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