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Can a Landlord use the Security Deposit to Recoup Rent That's Owed to Him or Her?

A landlord may apply the security deposit to their actual lose from a tenant violating their rental agreement. The details for when a landlord can withhold a security deposit should be stated in the rental agreement. There are a couple situations where a landlord may keep a tenant’s security depo ...

Rights of Owner and Tenant Under Pre-foreclosure Situations on Month-to-Month Rental Situations

Are you a month-to-month tenant renting a home that is in a pre-foreclosure and wondering what will happen next? Although these answers are generally more accurate when looking directly at your case, here are some of the basic facts that can hopefully paint you a clearer picture of the next steps. ...

What is the Definition of an HOA Superior Lien in Florida?

A superior lien is a lien that takes precedent over all other liens, if it is in accordance with the state statue. These liens are given higher priority and that will play into how things are handled when dealing with liens from different sources. HOA assessment liens are liens on a homeowner’s pro ...

Is a Landlord Required by Florida Law to Put Security Deposit Funds in an Account Separate From His/Her Personal Bank Accounts?

Landlords are required to keep security deposit funds in a separate non-interest-bearing account in a Florida bank. The landlord can’t commingle the security deposit funds with any other funds nor can they use the funds until they are actually due to the landlord. Naturally, the landlord can’t mi ...

Can a Foreclosure Sale in Florida Occur Before a Foreclosure Judgment is Entered?

Foreclosures in Florida are judicial, which means that the lender must file a lawsuit in state court. In Florida, a foreclosure sale can’t occur before a foreclosure judgment is entered due to the fact that the lender must file a lawsuit. To initiate the foreclosure process, the lender files a co ...

What Do Charges for LPHI in Mortgages Mean?

When you see an LPHI charge on your mortgage statement, it likely stands for Lender Placed Hazard Insurance. Your mortgage company will buy insurance on your property if you don’t have it, or if what you have is not enough. The purpose of this insurance is to protect the lender’s financial interests ...

Do You Still Have to Pay ‘Equity Ownership’ if you Buy a Property in a Country Club Community?

Usually, when a homeowner buys a property in a specific community, such as a gated country club community that provides amenities like golf and tennis, paying for an equity ownership is required. However, each locality and every property association is going to have a different set of rules. The qui ...

What Are Your Rights as a Renter if a House is in Foreclosure and You’re Unsure if the Owner is Paying any of the Bills?

It can be extremely unnerving when you’re renting a house that ends up in foreclosure. When that happens, you can be sure that the owner isn’t paying the mortgage. In many cases, it’s easy to assume that the homeowner isn’t paying any of the taxes, insurance or homeowners association fees either. Yo ...

Am I Responsible for Foreclosure Attorney Fees After Chapter 7 Bankruptcy?

Every foreclosure is different, and so is every bankruptcy. What you may or may not owe your foreclosure attorney will depend on the terms of your bankruptcy. Start by checking the contract or agreement you had with your foreclosure attorney. Then, contact your bankruptcy attorney for help. In most ...

What are the Typical Fees for a Real Estate Attorney to Review a For Sale by Owner Property Contract?

Usually, the purpose of selling your home on your own is to reduce the costs associated with real estate transactions. When you sell by owner, you don’t have to worry about paying hefty real estate commissions to agents who market and show the house on your behalf. Even if you are selling on your ow ...

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