Archived
Can a Florida Condo association foreclose on an condo that is owned outright but behind in fees without notifying the owners
Marshall's answer
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Answered on December 20, 2011
Condominium associations are required to take resonable steps to make sure that owners know about liens and foreclosure proceedings. If the...
Archived
Loan Owners vs. Loan Servicers: Legal Standing to Foreclose, or Not?
Marshall's answer
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Answered on December 20, 2011
Legal standing to bring an action for foreclosure is an issue which the Florida appelate courts have been grappling with. The issue is a complex...
Archived
We want to take my husband off the house title and deed, we are trying to do a house modification ...........
Marshall's answer
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Answered on December 20, 2011
You commit fraud when you materially state facts causing someone to take an action he or she would not otherwise take. Your husband's giving up...
Archived
If I don't vacate immediately upon sale of my home in FLORIDA, can they file an Unlawful Detainer against me?
Marshall's answer
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Answered on December 20, 2011
If you do not vacate the property after a foreclosure sale, the new owner can apply to the court in the foreclosure case for a writ of possession,...
Archived
After the 3 day notice, FL statutes has expired can the landlord take possession?
Marshall's answer
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Answered on December 20, 2011
The three day notice you gave the tenant three days to leave the premises or to pay the back rent. In your case, the tenants called an told you...
Archived
What is the process for having someone vacate a residential home in Palm Beach County Fl if there is no lease or monies.
Marshall's answer
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Answered on December 20, 2011
Yes, you have to go through the eviction process to have the person removed. Your notice, however, has to be proper. The eviction statute...
Archived
Can a home in the foreclosure process be rented out if tenant is aware?
Marshall's answer
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Answered on December 20, 2011
Yes. Ownership of the property does not change until the foreclosure case is completed and the property is sold at public auction. The owner has...
Archived
Assuming my mortgage (FL)
Marshall's answer
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Answered on December 19, 2011
Assuming mortgages was common in Florida until the 1970's, when banks began adding "due-on-sale" clauses to their mortgage forms. These clauses...
Archived
Imy question is how do I deal with a hoa that is mis aproperating funds?
Marshall's answer
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Answered on December 19, 2011
You should bring this behavior to the attention of the members of the HOA as well as the other board members. Your best solution may be to vote...
Archived
What are fair terms for deferred payment and backend points for different production roles?
Marshall's answer
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Answered on December 19, 2011
There is not a standard one-size-fits-all answer to your question. The answer depends on a risk/reward analysis of the project and an analysis of...
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