WANT TO PUT A LIEN AGAINST MY BIRTH CER
Your question makes no sense. There is no such thing as a lien against a birth certificate.See question
I moved out of martial home due to harassment he stopped paying on cars and mortgage live in fl have equity in home should I let house go to in foreclosure want to be free from soon to be ex
I agree with attorney Gallant. You are essentially joined-at-the-hip regarding the mortgage assuming that you both have signed the promissory note that the mortgage secures. The Foreclosure is going to result in a public sale of the property and if the amount of the mortgage to Dish the amount of the promissory note and final judgment - is not reached in the Foreclosure sale, there can be a deficiency which the lender can used to go after both you and your ex husband in order to have it paid. The fact that you became divorce is irrelevant.
You need a real estate attorney that understands matrimonial law or if you were first going through the process of the divorce you should have your matrimonial law attorney seek the advice of a real estate attorney in order to properly document your marital resolution. In any event, your divorce proceeding does not affect the mortgage obligation because the lender is not a party to the divorce case.
Best advice is to get to an attorney now and get a free consultation.See question
I live in Cape Coral, FL. Because of medical issues, I let my real estate taxes get delinquent. The tax collector is sending 3 years of taxes to the clerks office to force payment. I could've redeemed 2013 now and 2014 and 2015 later- but now if I...
All good answers posted here - but in essence you have two options:
1. Do a bankruptcy - which will provide you with a payment plan.
2. Borrow the money needed to pay the real estate tax before the tax deed sale.
Unfortunately you are up against one of the two inevitables in life: Taxes.See question
Arraignment coming up out on 2 bonds
i have changed this Practice Area to CRIMINAL DEFENSE.
you may want to repost the question under that category.
my grandmother in Jacksonville has a house that has some storm damage but its mostly aged ware I was curious if the bank has any obligation to fix it seeing as it has a long term mortgage I was curious to see if we could get the bank and the insu...
Your short answer is that the lender has absolutely no obligation to fix your roof. Repairs are the obligation as the borrower.
You could go to the lender (or another lender) and seek a loan for the repairs in the form of a second mortgage for the $12,000 you need for repairs. Repayment of that loan may not be all that expensive.
Check out your options - but the lender paying for the repairs is not going to happen.See question
Parents live in MA, own property in FL. House is titled in both parents name. Daughter currently lives in the dwelling. Father has since passed away. Estate settled in MA. House transferred to Mother however death certificate was never filed in F...
This is a relatively quick process for a real estate attorney.
Although the documents can be filed the same day, the order in which they are filed is very important.
1. Record a certified copy of the death certificate in the public records of Palm Beach County.
2. Then have your mother sign a deed - which can be quit claim or warranty deed - to you. Note that on this transfer, documentary stamps on the value of the property must be paid to the Clerk of Court at the rate of $7 per thousand dollars of consideration. If there is no consideration and the home is a gift from your mother and the property has no mortgage, then only minimum tax ($10) must be paid. If it is a gift and there is a mortgage, then the value is the amount of the mortgage (remaining balance) and tax must be paid on that amount.
An attorney should handle this for you and the cost is not expensive.See question
I have a quick claim on my house from my mom who owed the mortgage but I was not on the original mortgage. Could the bank sue my moms estate when no estate was established to avoid having me represent the property? I paid the mortgage for years in...
You ask plenty of questions and indeed this is complicated. You would be foolish to try to get through this without an attorney as for sure, you will not end up in a happy place.
The estate need not be administratively opened for your mother to be a defendant - however the bank may decide to open the estate for the purpose of marshalling assets - including perhaps whatever you took from your mother that otherwise would be available to creditors.
Because the deed is now in your name, you will be named not as a borrower but as a person in possession whose claim to title is subject to and inferior to the mortgage. This does not however make a monetary claim against you personally.
Seek out an attorney sooner than later to get advice on what help you need and your potential outcomes.See question
My wife and her parents share ownership of a home in Broward County Florida. Her parents own 95%, she owns 5%. We are moving into the house and the ownership will be transferred to just my wife and I. The house currently has homestead, and we o...
These are two completely different questions.
First you mention percentage interests. If the current deed of record shows the percentage interests, then a new deed of transfer from your wife's parents to you and your wife is necessary to transfer their remaining 95% interest. Documentary stamps on that transfer are due to the State based on the value of the 95%. If no percentage is on the prior deed, then the parents could deed their remaining interest in the property to your wife (not you), but they must be prepared to explain to the State why there was nominal documentary stamps paid on the transfer and if no proper support can be provided, penalties will be due.
Your wife can later deed the property to you under a deed that you too will have to sign.
Homestead right now apparently is in the name of your inlaws. Their homestead will be lost since the property is now going to be occupied by you and your wife, and not the parents. You will have to provide proof your residence was this house as of January 1, 2017. This application is available online through the tax assessor's office website. The deadline to apply is around the end of February.See question
Property was listed as an approved short sale but was not. I found that out AFTER I signed the contract. The same day the seller signed the contract. I wanted out, since it was unapproved. So I sent seller a declaration to end contract. I signed b...
This is all guided by the contracts you signed.
If the contract short sale addendum (was there one?) says the bank must approve the purchase price stated in the contract you have with the seller within a certain number of days, then you can terminate the contract after that many days.
Buying a home is a large investment and you should not go it alone or go it with a real estate agent who cannot give you (by law) legal advice.
Hire an attorney to at least review your contract documents so you know your rights.See question
I accepted an offer on Real Estate to sale my property asis on a FARBAR contract, which was contingent on an inspection. After the inspection the buyer send me an addendum for a price reduction, and a change on closing date. Is this addendum consi...
The FLABAR most recent (and most previous) edition contract provides that the BUYER may terminate the contract during the inspection period if it does not approve the inspection. This termination is done by a termination notice that is specific.
If the inspection period has ended and the Buyer is asking for concessions, then meeting those concessions is optional with you - as you have a contract that is no longer contingent on inspections.
If the inspection period is not yet over, then the Buyer still has the option to exit the contract during the inspection period.
This "counter-offer" issue after or at the end of the inspection period is probably the most misunderstood portion of the contract. Buyers need to realize that if they don't like the house at the agreed price because of issues with the inspection, they need to either renegotiate the contract during the inspection period or terminate the contract and then re-negotiate. Not terminating makes the deposit at risk and there is no longer an inspection contingency to get out of the contract.
From the Seller point of view - and your situation - the contract is apparently "hard" at this point. If they want to terminate the contract ask them and refund their money if they want out. But otherwise you and the Buyer have a firm contract. They have to buy and you have to sell.
Another contingency may be financing - but since you provided no facts in that area, I am not addressing it.See question