How to Deal With a Neighbor’s Problematic Uses of Property Next Door to You?
Video Summary
With a neighbor’s problematic uses of the property that’s next door to you? Well, that’s a real problem, but about the only solution, which is not a very good one is to contact the County or municipality where you live. And if there’s any code violations, ask the County to come out and investigate the situation and see about having the neighbor sided and hopefully correct the problem. If it is a continuing problem that rises to a nuisance, which is a legal term, you can contact an attorney who could fall on the action for nuisance and see about having the court, enjoined them from this particular use of the property. Usually a nuisance action is cost so much that it’s only use used whenever there’s commercial property involved, because of the attorney fees involved. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
May a Lender Perform an Interior Inspection of the Property if They Have Concerns About Property Condition?
Video Summary
May a lender perform an interior inspection of the property if they have concerns about the property condition? The answer to that is no, they can not. Unless the loan is in default, the mortgages don’t allow them to do an interior inspection due to the condition. They only have a right to, they can do a drive by, there is an exception. However, in the residential mortgages, in the event, the property is vacant. They have a right to conserve the property and scene and whenever there’s a foreclosure and the property is vacant, they send contractors out that, hang a notice on the door, that where they’ve gone and secured the property and they’ll enter the interior of the house. There’s been certain abuses of that, when it’s in foreclosure, it’s a tough situation. If they have abused that privilege, if you’re occupying the home or occupying the property, then they’re not going to be able to enter the property while you’re there. So they don’t have a right to do the interior inspection on residential property. If it’s a commercial loan there, you might have look at the terms of the mortgage, but generally if the mortgage is current, they don’t have a right to come in and inspect the interior of the unit. So, if you have any questions about this, give me a call at (727) 847-2288.
- Published in Real Estate, Real Estate - Foreclosure, Videos
When Is An Estate Too Small For Probate?
Video Summary
Is an estate too small to probate? Anytime that there’s an asset in the name of the decedent, and there was no designated beneficiary. It has to go through some sort of probate proceeding. Now, the answer, to the question is, you don’t want to pay the lawyer or someone to handle the probate that costs more than the asset that you’re trying to have passed to a beneficiary. There are various, small estate, administrations, if the assets less than $10,000 and the funeral bill has been paid, then you may be able to proceed with the court and get a distribution without administration, without going through a formal type of probate. If the assets exceed the $10,000. And however, they’re less than $75,000 and provision has been made to pay all the creditors. Well, in that event, you can file what they call a summary administration, which is a short version of probate and is fairly quick and is less expensive than what they call a formal administration.
If the assets exceed $75,000, or that there are creditors that no provisions has been made for, then you would go through what they call a formal administration, where you have letters of administration issued to the executor, and you give notice to creditors. You have the claims filed, you have the beneficiaries to determine, and if there’s real property involved, you have the property declared to be homestead, which may be exempt from the claims of creditors. So then if, even if it’s so small that it doesn’t make any sense to even go to a smallest state administration, after a certain amount of time, the asset may be forfeited unless it’s real estate and go to the to the state of Florida. And they have a treasure hunt after two or three years where you could possibly apply to obtain the asset. Once it’s forfeited to the state of Florida. If you have any questions about probate, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos