Condo is set for tenting i own the place the building won a lawsuit with insurance pest companys resulting in new roof and this tenting to be done. Who should be responsible for the hotel for weekend? Do i get a hotel take that off maintenance fee...
Both counsel are correct. You are the owner and thus you (via your Association) have to deal with normal maintenance and repairs (termite treatment is a normal maintenance item in South Florida).. It is a cost of homeownership.See question
I just started renting a property but did not know I had to have a permit and occupational license from the city. Now, the tenant wants all of his money back because he says that the written lease is illegal. I have tried to get the permit but s...
Your tenant is wrong.
Your non-compliance with the registration of the leased premises does not make the lease illegal nor invalid. Your tenant is also to give you access pursuant to Florida Statutes landlord laws.
Perhaps a letter from an attorney will help you - but it sounds like you have a problem tenant on your hands no matter what you do.See question
We live in a historical district near the intra-coastal waterway in Florida. There is a set of large condominiums east of us. A few years ago the condo put a gate exiting from their property on to our street. Since years ago, the problem is, peopl...
I agree with Derek as one solution. But you should also complaint to the "chronic nuisance department" of the City of West Palm Beach regarding this issue. Having some camera's installed even if temporary - to record the "acts" and confirm that the trespassers / violators are coming from the condominium property would also be very useful in your getting the City to cite the association for these violations.
You may want to contact your city commissioner regarding this as well - but he/she is also dealing with the association members as constituents. I think the code violation route is the best for now. And the cameras will help you in the trespassing issue as well.See question
I gave a deposit for window install and now don't have the money to complete. I have not signed for the permit or the notice of commencement or the financing documents and no materials have been received or work performed. Can the window compan...
Both answers are correct.
The issue is that if the order has been processed and the windows are being made, they are considered "unique" to your property since they were built to your specifications. So whether they are incorporated into the house or just sitting in a warehouse, it does not matter and the window company (and perhaps the manufacturer) would have a mechanic's lien right regarding the specific home.
The second issue is what work the sales company has done and needs to be compensated for.
Your best option may be to be immediately honest with the sales company and tell them to stop production and that you cannot afford the product because of some financial issue. If this is just a change of mind on your part, you could have a much harder time with this. But if you can show them the financial change that makes this an impossible (uncomfortable won't be enough) undertaking on your part, you may find the cancellation much easier to accomplish.
It would not be a bad idea at some early point in all this for you to consult with an attorney.See question
I bought a house Mar 2014 from someone who was the only owner of the house. A FL room was added about 1992 without building permits. When I started a kitchen remodel, the issue came up with the county & I had to get the room permitted & brought ...
This is complicated.
First you need to look at your contract. It likely says that the Seller will cooperate with the Buyer in the closing out of any open permits. Here the situation is different because there was construction without permits. So the issue becomes whether or not there was disclosure by those that knew or should have known that the additions were put onto the house illegally.
This knowledge issue requires inquiry into the owner and how long the owner was in possession and if this seller was the person who did the illegal improvements. If this seller did the illegal improvements, then there could be liability of this seller for intentional misrepresentation - and issue covered under clauses in the contract.
But if the seller was not the person who had direct knowledge of the illegal (non-permitted) work, then you have no privity with anyone who had a duty to discloses these facts to you.
This may be a time sensitive matter so see an attorney to understand if there is someone liable and do it soon.See question
My mom died had reverse mortgage no one on it but her. Today get a letter statig no jury trial & was sent to all us siblings. Mom had no money, no life insurance no assets at all. Why would they be doing all of this for a foreclosure on a reverse ...
The siblings have no liability on the reverse mortgage. You had to be defendants because your mother's death made you the presumptive heirs of her property (even if it had no positive equity) and to clear your heir interests from the home the mortgage company has to go through this process.
The claims of the mortgage company most likely are only to eliminate your "heir" claims from the property so it can be sold free and clear of your interests. There is or was a process you could have used early on where you renounced your interests in the property - but that now is very likely too late.
If you have concerns, have an attorney review the litigation file just to be sure. What I have given you here is a generalization of what typically occurs.See question
If property has code enforcement liens, do they have to be negotiated or removed before quiet title can be done ? Also if a property has IRS lien, does that go away after purchase (as its related to owners income, and new owner does not have anyth...
It depends on why you are doing a quiet title. In that respect, the question is HOW did you obtain title.
If you obtained title from a foreclosure sale, then you need to examine the liens to determine if they were properly included in the foreclosure. If so then they may, either entirely or at least partially, be resolved through the foreclosure sale process.
If you obtained title from a tax deed sale, then provided the lienors were provided proper notice of the unpaid taxes and right to redeem, you would be taking free from the liens - except ongoing violation from the code enforcement liens.
If you obtained title any other way, you are subject to the liens. Code enforcement liens are typically negotiable once the underlying violation is cleared up. IRS liens must go through a redemption process which the IRS may or may not elect to use to purchase the property.
A careful review of your particular situation is necessary to give you the correct advice.See question
My grandmother passed away and i am the remaining heir living in the home. She had a reverse mortgage and i was wondering if i am able to pay off in payments the loan and keep the home.
The loan must be repaid. You may be able to work out a short term repayment agreement with the lender but technically the loan is due in full upon death of the borrower(s).
Purchase of the home from the Estate or if you are the sole heir, transfer to you and refinance of it (your new lender may have various options available to you which may be called a purchase loan or a refinance - depending on the program).
To get the home into your name you will probably need to administer the estate of your grandmother and the attorney that does that for you may be able to guide you through the process of retaining the home.See question
My son did a favor for friends of his. His friends lost their house in a foreclosure matter. Although they did receive the surplus they were owed from the Foreclosure sale of their home which was a pretty decent size of money but not enough to buy...
Can your son get in trouble? Well the answer is definitely "YES". Will he get caught? At this point in time the answer is 99% "NO".
These owner occupied loans go through an audit soon after they loan is made. Since it has been 30 months, that audit has invariably been made and the loan cleared.
That being said, there is always a small chance of the loan being revisited.
There is also the issue of who is paying the mortgage, in whose name the insurance is in as owner, and other incidents of ownership. If the friends are paying everything, they are essentially leasing the property. Is there a written lease? Has the house been registered as a rental with the city or county (some counties and cities require this through a permitting process). Assuming there is at this point no restriction on leasing the property to others, documentation of the lease may be a good idea in order to justify no violation of the "due on sale or transfer" provision in the mortgage.
A trigger to some issue with the lender could be the divorce - if one spouse or the other (or both) claim equity in the home owned by your son.
As far as penalties - look at the loan closing package and you can see for yourself. These are federal penalties and illegal acts. The law and the undertaking that the statements made are true and correct are not merely suggestions - The law is to be strictly followed. Intentionally false statements of the type made by your son are criminal acts.
It would be a nice idea to sell the house and pay off the mortgage as soon as possible - or if the house is to be kept, refinance it. Selling it to the current "tenant" friends could work into the divorce resolution. If the buyer friend cannot qualify the alternative of sale may be the best route. Once the mortgage is paid off and satisfied, the likelihood of further inquiry into its past is nil.See question
My mother in law passed in 2004, Summary Administration was issued in 2006 dividing the property in a third to each child. My husband was the only one caring for the property (paying mortage, taxes, insurance ,utilities and repairs) we spent nearl...
There is no need - and perhaps no possibility - to reopen the estate. Your husband's remedy is an action for partition.
Partition forces the sale to the co-owned real estate at a price approved by the court. The sale can be by a realtor or by public sale - depending on how the case proceeds and the parties' agreement, if one can be reached. Upon the sale the net proceeds will go first to pay the parties' attorney fees, next to reimburse your husband for his outlays, next a determination of the value of the occupancy to the sisters of which your husband would be paid one-third, and then to the parties each one-third.
This generally is not too complicated - provided the attorney initially prosecuting the case keeps it on track.
Note that although the attorney fees are generally awarded by the court as stated, most attorneys will need to be paid currently, and then your husband would be repaid the expended fees upon the sale.
Partition is a statutory remedy - see Florida Statutes Chapter 64. This is definitely not something you want to do without an attorney.See question