A fine property in AyrshireKeep OUTTA my HouseDBNZ 9downstairs modern house Keep Out!Basement 4

LANDLORD / SLUM LORD?

On October 14, 2009 / By Real Estate Law Help / In Florida-Real-Estate-Law / No Comments

I just had a major problem with my Landlord, He refused to fix any problems in the house and he lied to me daily, This guy is known in the city by all the Law firm, because he always wins in court because he has almost no paper trail…It got to the point where i had to call Code enforcement to my house to inspect, they failed the house on Safty and Health issues….I have tons of pics and videos of the house, to include on my part all the times i did a work order with the real estate company..
I am in the military and i asked my Landlord for a letter of release so i could move on post, and he refused, so i moved my family to florida and i dealt with the house and the mold…
I got myself some advice from a lawyer and by the law i withHeld rent for landlord failure to repair and remedy..
I went to court when the landlord said he was going to Evict me from the rental, I had a mountain of evidence and there was no way i was going to loose..
WELL I DID, I got evicted…And with no letter of release..
The landlord didnt even show in court, only his secretary..and she didnt even defent the real estate company, i did all the talking..and the Judge didnt care about the conditions of the rental…

I need to know what i need to do from here to know go after my previous Landlord…..What are my options…?
Also for me to apeal would cost me $2800
Also for me to appeal would cost me $2800

Where do I get legal help?

On October 12, 2009 / By Real Estate Law Help / In Florida-Real-Estate-Law / No Comments

I NEED HELP. My husband messed up when he was young, because his mother was a drug addict and alcoholic who had him dealing before high school and taking the blame for her. He has since met me and found out what a family, morals, and living like a real person and is doing his best to do that. My father passed away last year leaving his pride gun collection(trap and hunting) he was a competion trap shooter and an expert marksman, we lived in rural Indiana and if anyone in the area had problems like coyotes they called my dad to take care of it, we were a tight community and did not even have to lock doors! My mom moved to Florida and I went with her. When my dad died we have to settle the estate, I called and asked about the gun collection and they told me we should split them up for safety and there was no problem with having them in my home. I actually used to work for the local sheriff’s department have never gotten into trouble in my life. I called several agencies all telling me the same thing, no problem. Then my mother in law(did I mention hates me and does not believe in god) got mad when my husband told her he had went to church several times and she needed to quit pushing him about me that he loved me and I was his life and if she did not like it then he would have to quit speaking to her. This woman is very convincing to everyone and nobody knows the real her, she has hired people to harrass me and threatened to make sure I had an accident and nobody would know that she had anything to do with me dying!!! She called the local police and told them he was in the house with loaded guns and was going to kill himself and them. HE DOES NOT AND WILL NOT TOUCH guns of any kind. But they broke in my house and found a gun that I had loaded because he was not home and I heard a noise. The same day a man shot local police officer right down the street so they are trying to charge him for possession of a firearm by a felon. I had asked if he could be in the house with them and they told me that they were mine and it would be against the 2nd admendment to tell me I could not! The problem is they need to make an example and I lost my job and can not afford an attorney and the local defenders office and does not seem to be helping! He is guilty of nothing for once in his life he was trying to do the right thing with his life and they are trying to give him 30 years. I need help, I am pregnant out of work and need my husband I am going to lose everything, who did nothing and can’t find any help. He has been in there since March for nothing!
We are in Volusia County Florida, anybody know anywhere to turn?

Real Estate - Wholesaling Preforeclosures - Legal or not?

On April 14, 2009 / By Real Estate Law Help / In Florida-Real-Estate-Law / No Comments

In the state of Florida, is it legal to wholesale/quick flip preforeclosures? What around that area of business should an investor be aware of in terms of the law?

Real Estate Appraiser - Verify Repairs?

On April 14, 2009 / By Real Estate Law Help / In Florida-Real-Estate-Law / 2 Comments

This is not a new construction nor a FHA-insured loan.

I am trying to purchase a foreclosure in Florida and my bank required repairs made that were noted on a home inspection report.

I had 5 licensed contractors come in and do the required repairs (electrical, AC, windows and doors, etc.) … all minor, maintenance, per the contractors (none noted that any impaired the safety, sanitation or structural soundness of the dwelling). I even had an architect look for structural integrity issues for my own peace of mind (architect opinion allowed under Florida Law).

I had each licensed contractor sign the home inspection report next to each repair that applied to them and I have their itemized bills / invoices which state repairs made per inspection report or inspector.

Last week the appraiser came out to the property without anyone’s knowledge; and therefore, did not go over the inspection report. He said he would only look at what he noted on his original appraisal (items which were not required to be repaired by the bank).

The bank order the appraiser again to came back to the house and again specifically order the re-inspection according to the home inspection report.

Now another week has gone by. Time is of the essence and I am paying 100.00 per day to the seller for this delay up until the day of closing because I have asked for 3 extensions, so far it has cost me 700.00 for this delay and will cost me another 1,400.00. I also had to sign an extension including that my 2,000 earnest money is now be non-refundable. If do not close in 1 week, I will lose the house and the money I have paid for the repairs (all contractors came in less than 24-hours notice and finished in 4 days).

How is the appraiser to verify that the repairs have been done? He will do a walk-through I assume. Some things are visual, but others are not.

Can he use my copy of the home inspection report signed off by the contractors and their itemized invoices?

Crazy, I know. But the banks are making it extremely had to purchase a REO / Foreclosure. I know you are saying, just get another house. I really want this house, I am getting it for a great price and it is a great investment. I looked at 22 other houses and this one is in great condition for a foreclosure. I agreed to do the repairs because I would have done them anyway. Besides I was 6 weeks into the deal when the bank made the demand for the repairs. This appraiser took 3 weeks to come out and do the first initial appraisal.

Thanks for your time in answering my question!!
Thanks kemperk. I do have a buyer’s broker and he is working hard to fight these people, especially the appraiser. And I do now have an attorney to file suit if I do not close.

This is in part "the principal" … big banks beating up the hard working little girl or guy. I am not the only one this is happening to.

Question-Florida Real Estate Law~"Tenants in Common" on Deed?

On December 14, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

My husband and I live in New York and own a home.

The title of the home, on the deed, is "Tenants in common". This allows me to make a will and leave my part of the house to my child if I pass-on first. (This could not be done, making such a will, if the title were "jointly").

We are moving to Florida, and would like to know if we can purchase a home with "Tenants in Common" on the Deed, still allowing me to will my share to my daughter?

Is Florida law different? Would that half transfer to my husband although we had "Tenants in Common" on the deed?

florida real estate laws?

On November 27, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

I bought this house off of my uncle. I went to get a load and they said he has to file a mortgage release. He keeps on giving me the run around about it. I can’t get the loan with out it. I paid it off 5 years ago. How can I make him sign it?? Or can I make him sign it? Limbo in Florida.

Is this for real: Florida voted to keep an old law saying that Asians can’t buy/own real estate?

On November 20, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 3 Comments

It was one of the propositions that all the semi-literate people get to vote on. It’s totally illegal to discriminate like that. I can’t believe the law wasn’t thrown out anyway without it even going to a vote. Will this be challenged in the US supreme court?
It was Proposition #1, and was intended to delete the old law from the 1920’s that prohibited Asians from owning property in Florida. The idiots didn’t read it I guess or thought no meant yes or yes meant no. Why didn’t a court throw it out?
http://www.firstcoastnews.com/news/florida/news-article.aspx?storyid=122878&provider=rss

Actually it was worded to say "prohibit aliens ineligible for citizenship to buy or own real estate" but they say when the law was written in1926 into the state constitution it was intended for Asians.

Florida Real-Estate/Rental Laws?

On November 17, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 2 Comments

I was in an abusive relationship, but do not have documentation to prove it. I have moved out of the apartment I shared with my husband. Both our names were on the lease. I have been told there is a law to protect abused men/women that allows one party to sign off the lease without the other persons consent. Is this true?

State of Florida tax law for real estate sales associates?

On November 15, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

In the state of Florida what are the advantages and disadvantages of a sales associate or broker associate registering as any of the following:
Professional corporation
Limited liability company
Professional limited liability company

Florida Real Estate Lease Laws on Foreclosure?

On October 17, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

We are renters in Florida and we heard that our condo (leased through a private party) may be foreclosed. We don’t have a clause in our lease on this issue. I’ve heard rumors of renters just being kicked out because of foreclosure and I’ve had legal advice saying the bank has to let you fullfill your lease by law until the end.

Does anyone know the laws on this? We can’t break our lease without having the pay the rest of our months rent but I don’t want to get taken down with them.

Thanks