Questions answered by Gary Steven Gaffney

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Hi I was served with a lawsuit from my mortgage companyWhich I answer it within the twenty day ireceived a dropping of party?

Gary's answer | Answered on September 06, 2016

Can't no for sure without actually seeing it, but my guess is, it's just what it sounds like, they are dropping a party from the case. And I...

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My residence just sent me a letter advising me that I didn't pay my rent on time, however, I have evidence that says otherwise.

Gary's answer | Answered on September 06, 2016

Sounds like sort of mixup, or, if not, no, they do not accept money orders. I suggest before worrying about "legal action," you just contact them...

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What should I do to get the services needed on the road I live on where all other properties have had professional maintenance

Gary's answer | Answered on September 06, 2016

I agree with my colleague, you should consult with and retain a good local land use attorney - and actively lobby the County Commissioners to FIND...

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Can we improve the easement to enable us to get our boat in and out of the lake? Are we responsible for disturbing the grass?

Gary's answer | Answered on September 06, 2016

It depends primarily on the wording of the easement; but easements that run to the water typically include "riparian" rights (the right to use the...

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Can my landlord evict me for a lease agreement violation that isn't even specified in the lease?

Gary's answer | Answered on September 06, 2016

It depends; if the leased premises are located in a community governed by an HOA, then you must comply with their requirements in addition to your...

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Florida HOA Communities:By Law's and CC&R's documents-My Understanding is that each document stands alone, and are independent?

Gary's answer | Answered on September 06, 2016

They are separate instruments, but are to be read together ("in pari materia"), to avoid conflict whenever possible. You (or the Board's) confusion...

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I need my name to be dismissed from an eviction notice.

Gary's answer | Answered on September 06, 2016

Perhaps; it depends on whether you paid rent - even though you weren't on the lease (for which a Chapter 83 eviction could be proper as against...

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Next step on Motion For Clerk's Default for spouse who was served but spouse didn't file answer even though I did?

Gary's answer | Answered on September 06, 2016

I agree with my colleague; you need to retain competent foreclosure defense counsel immediately. I am sorry, but FC defense is NOT a DIY project -...

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What are my options for retrieving my vehicle from the previous owner.

Gary's answer | Answered on September 06, 2016

Sorry this is the "real estate law" forum; you should try re posting this in the contracts or business forums, or perhaps even consumer law; or...

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How can I stop a fraudulent Lien and Intent to Foreclose on Lien?

Gary's answer | Answered on September 06, 2016

Not sure what you are looking for here, and sorry to say, there are really no easy answers in HOA fee disputes. Once the HOA lawyer get involved -...

Gary Steven Gaffney's Answers (28496)

Hi I was served with a lawsuit from my mortgage companyWhich I answer it within the twenty day ireceived a dropping of party?

My residence just sent me a letter advising me that I didn't pay my rent on time, however, I have evidence that says otherwise.

What should I do to get the services needed on the road I live on where all other properties have had professional maintenance

Can we improve the easement to enable us to get our boat in and out of the lake? Are we responsible for disturbing the grass?

Can my landlord evict me for a lease agreement violation that isn't even specified in the lease?

Florida HOA Communities:By Law's and CC&R's documents-My Understanding is that each document stands alone, and are independent?

I need my name to be dismissed from an eviction notice.

Next step on Motion For Clerk's Default for spouse who was served but spouse didn't file answer even though I did?

What are my options for retrieving my vehicle from the previous owner.

How can I stop a fraudulent Lien and Intent to Foreclose on Lien?