Seven months ago in Gainesville, I sold my Dad's home to a friend; she wanted no formal closing & I had only her hand-written cash offer & her oral statement that she would handle filing the warranty deed & pay the documentary stamp tax. She gave ...
The buyer and seller are both jointly liable for not paying the correct amount of documentary and intangible tax. The Florida Department of Revenue routinely audits deeds and mortgages recorded and will seek to obtain taxes not paid, plus interest and penalties, when they discover taxes not paid. You should continue to document in writing that your understanding of the contract was that the purchaser was to pay...and retain proof of your attempts to pay the amount due. The only method to pay the taxes is to file a DR-228 form, but that would only cover the full amount of the transaction...not the half you feel compelled to provide.See question
My company has Certificate of Title from an HOA Auction. My company has owned it for 3 years and now the Bank is going to auction the property in February. There's a catch, the bank has not followed the Administrative Order. They have not filed th...
Whether you even have the opportunity to challenge those technical failings is a complex question that requires a careful examination not just of the title work but also of both lawsuits. You absolutely need an attorney to review this or you will certainly lose all interest you have.See question
I have inherited a vacation home in Florida. It has no liens. Probate is closed in home state. Do I need to get title to home in my name before selling?
If the estate closed outside Florida, transferring title would likely require a simple ancillary estate to be opened in the county where the property is located. The good news is an ancillary estate is a relatively simple and inexpensive matter when all the other issues have been concluded as part of the primary estate.See question
final default judgment of foreclosure by county court do I own property free and clear can I sell it?
you can never tell what you bought at a foreclosure auction without a full title search done by an attorney that works for you....you could have "won" a second mortgage auction or a homeowner's association auction. There may be IRS or municipal liens. The only way to know what you got and if it is marketable is with a title search.See question
order of dismissal the court finds; A. notice prescribed by rule1.420(e) was severed B . there was no record activity the 10 months immediately preceding service of the foregoing notice. C. There was no record activity during th...
those lack of prosecution dismissals are particularly technical, but can be good for the homeowner, depending on what happens after the fact. If you are not represented by counsel already, I would be happy to discuss with you.See question
My wife and I just purchased a retirement home in Florida that was a bank foreclosure . the yard is fenced as is both neighbors on each side .The realtor told us the property next door was purchased in the last two years and a survey had been don...
The failure to get a survey might very well leave you in a buyer beware situation....you need an experienced real estate attorney immediately to carefully review your options.See question
Today, I had a hearing with case the Judge, promptly denies my 2 Motions, Motion To Strike Attorneys Affidavit, and Motion to Dismiss for Lack of Capacity. The Judge was very rude and condescending. The hearings were set for 30 mins total, last...
You must hire an attorney immediately to review what defenses may exist and present those defenses properly. Sadly, you cannot just go to court and say, "i've got my checks, I paid".... Depending on your county and the rules applied in that county, you have a very tight timeline to try and turn this around. If you try a trial without an attorney, you will very likely lose.See question
I am in the middle of a foreclosure civil case, but this has been going on since 2009. Can anyone please tell me what does this mean?
you need an attorney immediately. the courts here locally are setting trials without the plaintiff asking for them...that seems to be what happened to you because you got a notice of trial and the plaintiff moved to strike it. if you do not hire an attorney fast, you will likely be in trial and lose your home. I will be happy to look your case up and tell you what I see from the court docket. email@example.comSee question
Florida: Forecloser case filed by plaintiff on 10 21/2010 . (while I was under bankruptcy protection) came home from 341 meeting to summons being served upon me and a les pendents filed with the court along with foreclosure complaint.. Long...
It sounds like you MIGHT have gotten a dismissal for failure to prosecute, but you MUST understand that these are not always what they seem and that often, consumers think a case is closed and final, only to find that it is resurrected and a trial or a sale is set without you knowing. My advice is to have an experienced foreclosure defense attorney review your file IMMEDIATELY. If it is dismissed, there are things that we will want to do to protect you from a subsequent filing.See question
Assocation foreclose on home and sold lien to 3rd party who is shaking me down for $ 20,000 in the next month or he is going to evict me ,I paid him $10,000 allready but I can't pay him and the Bank too what do I do?
sounds like you may have a good fair debt collection practices case....it's unfortunate that you lost your home at foreclosure, but that should be examined as well to see what can't be done. Feel free to email me with more details, I will review and respond.See question