Video Summary

 

Can a contractor place a lien on my home if I did not sign a contract?  The answer is yes.  Under the Construction Lien Statute, someone who improves real property can place a lien on your property if they are not paid.  That is all under the Construction Lien Statute.  They do not have to give you a notice to owner.  The question then becomes, whenever they try and enforce the lien, as to the amount that they lien the property.  If they do not have a contract, and you do not have an agreed-on price, they have to prove the value of the services they put on your property if they try and foreclose the lien.  So, in answer to your question, yes they can lien your property.

 

 

So if you have any problems with a contractor liening your property, or have any questions about the Construction Lien Statute in Florida, give me a call at 727-847-2288.

 

Video Summary

 

Is a home warranty worth the price when purchasing a home?  Well, that is a real great question, and I do not think I have a good answer for it.  I guess if any of the appliances go out, the answer is yes.  If none of the appliances go out, well, the answer is no.

 

So that is the nature of the beast whenever you are talking about insurance.  Any time that you get insurance, well, if you do not have a casualty loss, you have paid the premium and therefore it was not a good deal.  However, you are getting the home warranty or buying the home warranty to have peace of mind so you do not have an unexpected expense.

 

If you want to further analyze the situation, look at how old the appliances are.  And if they are relatively old, there is a higher possibility of them breaking down, well then you can go ahead and buy a warranty so you are not surprised later on.  I suggest that you really understand the warranty so you know how much it is going to pay, whether you have to pay a service call or any of the deductibles, and whether there is a maximum they have to pay, let’s say, for an air conditioning system.

 

Also look at the value of what you are trying to insure against.  As far as an air conditioning system, you are looking at thousands of dollars.  If you are looking at a refrigerator, well, that could be depending on the refrigerator – could also be in the thousands.  And then look at how long the warranty runs for.  Because if you are paying $500.00 to insure a $1,000.00 refrigerator or a couple of thousand dollars worth of appliances, well that is a pretty steep premium to be paying for that.

 

So hopefully I have answered your question, and I do not think there is a cut-and-dry answer.  You need to look at the circumstances, and what your tolerances are as far as whether or not you could stand the surprise or have the money to pay for it.  You might also ask that the seller provide you with the home warranty whenever you purchase the home and negotiate that into the contract.

 

If you have any more questions about it, please give me a call at 727-847-2288.

 

Video Summary


Can a home equity loan be used to purchase investment property?  The answer is yes.  You can use the proceeds from a home equity line of credit to purchase investment property.

 

Once you obtain this line of credit on your home, the bank does not monitor what you use the money for.  You can use it for entertainment, to pay off credit cards; you can use it for anything you like.  The downside of it is, you put a mortgage against your home.  So if you do not repay it, your home is at risk.

 

So yes, you can use the proceeds from your home equity line of credit to buy investment property, or for that matter, to take your bride out to dinner.

 

If you have any questions about a home equity line of credit, give me a call at 727-847-2288.

 

Video Summary

 

Do property repairs have to be completed by the seller before closing?  Usually these repairs arise as a result of an inspection by the buyer or they may possibly be as a result of a final walkthrough whenever there has been some kind of loss or something discovered about the property and the sellers agreed to make these repairs.  Ideally it would be great to have the repairs done prior to closing; however, there is some urgency so the repairs many times are not done before closing and how you handle that is you simply escrow the money or give the buyer an allowance for these repairs so that the closing can go through.  The buyer can take care of doing the repairs themselves and the seller is relieved of any kind of responsibility.

 

So if you have any problems with real estate transaction, give me a call at 727-847-2288.

 

 

 

 

Video Summary


How long can you remain in your home after the property has been foreclosed and has gone to auction?  Well after it is auctioned off, the clerk will issue a certificate of sale and approximately 10 to 14 days after the property has been sold they should be issuing a certificate of title.  If you are the owner of the property, they then can apply to the court for a writ of possession.  In years past, the courts depending on which particular court it is or judge, they have issued an order direct from the clerk to issue a writ of possession, so I would have in the past told you have about 10 days to 14 days before you would need to move out because once a writ of possession is issued you only have 24 hours.

 

However, that depends a lot on the lender and if they wish to take possession right away.  In the past, we have seen lenders contact the owner and have a realtor contact them about when they are going to move out and work with people as far as vacating and leaving the property in good condition.  There used to be even some assistance where they would give cash for keys in order for the person to leave and not damage the property.  Lately we have seen whenever we have foreclosed and request the court enter an order directing a writ of possession to be entered, the courts telling us in Pasco County, Florida that we have to set our motion for hearing, which is out probably six weeks.

 

Unfortunately, I cannot give you a hard and fast rule but it is safe to say that you have a minimum of 10 days after the foreclosure sale to be able to stay in your home or stay on the property.  If you are a tenant, the Federal Obama Law has sunsetted and there is no longer a federal law that allows you to remain in the property after the property has been sold at auction on a foreclosure sale.  However, I believe there is now a state statute and I am not sure the effective date that may give you some relief to be able to stay in there if you were a tenant of the property.  So unfortunately I have not given you a definitive answer but you do have a minimum of 10 days.

 

If you have any questions or need representation in conjunction with the matter, give me a call at 727-847-2288.