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Recent Homestead questions

What percentage increase can an appraisal district legally

What percentage increase can an appraisal district legally raise a homesteaded property in a year? Over a three year period?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I own a condo in Century Village, Florida, I also own a

I own a condo in Century Village, Florida, I also own a private home in New Jersey. The condo in Florida was originally mom's and transferred to me via a Quit Claim Deed. It became a huge burden, as Medicaid forced me to pay for it for 4 yrs while my mom was on Medicaid. They told me if we foreclosed on it or did not sell it for what they felt it was worth they would drop my mom from Medicaid. The condo is in bad condition and needs costly repairs, it has not been updated since 1972 with electric, plumbing, and more.*** Problem Now: My mom passed away and Medicaid Recovery now put a Lien on the condo. If I stop paying the Taxes, Association fees, Maintenance fees, because my name is ***** ***** on the deed, can they lien my New Jersey home? I heard that the tax dept can only put a Lien on the Florida Condo, is this correct? Can the Association and Maintenance Firm go after me personally and Lien my New Jersey Home or personal bank account.

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Damien Bosco

Attorney

Doctoral Degree

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We have a piece of land that we acquired from my husband's

We have a piece of land that we acquired from my husband's parents, we paid our brother-in-law money as part of us receiving the land. Our question is we would like to sell the land which is worth about $120,000 but we will be retiring in the next two years and wonder if we sell it now with our income what type of taxes would we incur.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,322 satisfied customers
My wife and I own a home in Pinellas County. However, we

My wife and I own a home in Pinellas County. However, we have moved out of Pinellas County, and our son resides in our house. We are taking a homestead exemption at our new residence, but we want to add our son to our deed in Pinellas County as a trustee so he can maintain the homestead exemption. What do we need to do?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
I own a home in PA (which I reside in), and a condo in FL

I own a home in PA (which I reside in), and a condo in FL (currently renting out). I've recently been laid off and am still unemployed. I am looking to sell my PA home, but don't think I can get much for it. What are the guidelines and consequences of doing a short sale, and will a lean be placed on my FL condo if my PA home goes into foreclosure or I short sell the PA home?

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Lucy, Esq.

Juris Doctor

29,926 satisfied customers
A Florida Condo President billed a unit owner for $650 paid

A Florida Condo President billed a unit owner for $650 paid to Condo Lawyers for having charged the Condo for a written opinion. That opinion was to the effect that the spouse of a unit owner of record was not also a unit owner as a function of "The Florida Constitution and Homestead laws".The unit owner vowed never to pay it. The the issue is no longer alive. The invoice has been outstanding for several months. Collecting the invoice requires going to small claims court, since the invoice does not fall under the dues/assessment subject to lien.Questions:1. Would any argument against payment be valid under the law?2. Can the President make the decision to bill the unit owner alone, or must it come before the Board, absent any specific mention in the documents?3. Can the Ass'n begin to charge interest on the invoice, and if so at what rate?4. Does that decision have to be made by the Board, or does the President have the authority alone?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
My husband and I are separated. We are not in a rush to be

My husband and I are separated. We are not in a rush to be formally divorced as I am not currently working and am covered under his medical insurance. He is looking to buy a house with his girlfriend in the state if Florida (where he currently resides). He was told that he cannot buy a house without my name on the deed and/or the mortgage. I have no interest in doing either, as I am not investing in this house nor living in it. I had read something about a "Homestead Waiver", which would allow me to waive my rights to the house. Anyone my husband has spoken to knows nothing about this. Is there such a thing?

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DrakeLAW

Juris Doctorate

544 satisfied customers
Pre-Marital Agreement. A California Divorce and Property

Pre-Marital Agreement. A California Divorce and Property settlement. I have a complete Pre-marital Agreement, prepared in accordance to the Pre-Marital Agreements Act and Case Law as Contained in Family Code sections 1600-1617, in which my to be wife and her Attorney signed. Her current attorney representing her in the Divorce/ Property settlement is trying to invalidate it, when the agreement so states the only way it can be invalidated is for a statement is signed so invalidating it?In 2011 - 2012 my health prognosis was not very good as I am 77 and she is 53, I deeded a percentage of 4 properties to her and in 2014, I declared BK and one of the properties that I deeded 25% ownership in was seized by the BK court and sold. That particular property was Homesteaded by me and because of my age I was awarded a $175,000 exemption. The BK Court negated the transfer of 25% in the Homesteaded Property, due to lack of funds being exchanged. The other 3 properties were part of an inheritance in which I deeded the entire 25% ownership to her. These 3 lots were released by the BK court back to her, as they deemed them to have Title Flaws, etc. As far as i am concerned, she can have those lots, however she wants those plus she wants 25% of the $175,000 exemption? I have valid proof that she was the cause of the BK, plus a statement in thye Pre-marital Agreement says; "The parties agree that a change in form of their separate property shall not constitute a change in its characterization and the separate property of each party shall remain that party's separate property regardless of any change in form."I have gone Pro-per and she is on her second attorney, which is being paid for by her new boyfriend, which use to be an old friend of mine. A few twist over 2 years of battle, in which I had to do a Ex-Parte hearing to overturn a court order that was attempting to make me divide the money from the BK court Exemption. Thanks to you and your organization gave me the information necessary to stop it.I need case history of Pre-marital's that were invalidated and why? I also need case history of Pre-marital agreements being upheld in court and why. My agreement contains a provision for Attorney and legal expenses to the prevailing party? Can I ask for that before the final decision or do I have to wait for the final?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
My wife and I are separating, not legally yet, she is

My wife and I are separating, not legally yet, she is refinancing the house and giving me cash out on my half of the equity, so I can purchase my own property. To ensure neither of us claim future equity or rights to in the other's house, will we be protected if we each sign Homestead Waivers on the other's mortgage? Or, is there another document we should use?

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LawTalk

Attorney at Law

Juris Doctor

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