Foreclosure & Securitization

Mortgages held in securitized trusts are tricky. Florida law (Fla. Stat. 609) requires a trust to be registered with the Division of Corporations....

We are currently living in a privately owned condo in The Regency Gardens Condos in Orlando, Floirida

There is a caveat to the new law that allows associations to collect the rent from tenants for past due assessments. No new law can be applied...

Can a Master Association put a lien on my property and foreclose when I am current in my Association payments and mortgage?

The typical arrangement in the governing documents of your condo association and master association call for you to pay your condo association and...

What happens after the bank "Voluntary dismissal" a case of foreclosure? Do they have to start the process all over again?

Usually when the bank voluntarily dismisses their own case its because they have problems with their documents and proving their case. They have...

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The Florida Statutes were revised to give HOAs the right to demand rent from tenants when the owner is past due on assessments. There is one caveat...

Renting through a rental agency & actual owner of the house is going into foreclosure, are we able to get our deposit back?

Even if the foreclosure were completed, the bank would probably not want to evict you as long as you are paying the rent. Renters have very few...

Can my landlord legally evict me now that the property is in foreclosure?

A common misconception is that tenants do not have to pay rent when a home is in foreclosure. That is not true and no court will allow you to live...

What can be done when no HOA invoice arrive for 12 month, yet the HOA threatens legal action.

There is a specific process HOAs must follow before they can go forward with foreclosure. They are required to send you a 45-day Intent to Lien...

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What documents can a HOA claim as proprietary and not disclose to community members when requested?

Florida Statute Sec. 720.303(5) is controlling on what constitutes official records of the association and what records are subject to disclosure....

Can I transfer a club golf membership which is included in a property lot so the person leasing the property? Real estate law

Generally, tenants have the same rights to common areas and amenities as the parcel owner, but both cannot have access. In other words, when you...