How should I hold title? I’m assuming the question relates to how you should hold title to real estate. And the answer is dependent on what you’re going to be using the property for after you purchase it, if it’s going to be your home, I suggest that you hold title in your name as husband and wife. If you are married, if you’re not married and you have a significant other, then you need to take title as joint tenants with right of survivorship. If you’re single, then take title in your individual name. The reason for this, is do you have any number protections under our Florida constitution? Sensitive will be your homestead property. It’s exempt from the claims of creditors course not the mortgage cause that’s a secured creditor, but anyone that would just happen to sue you if it’s investment property, well then who are the investors and how should the investment property be titled. It may be in a LLC, some other name, if it is residential property of four families or less than, and you may want to take title just in your individual name in order to obey yourself or take advantage of the 30 year mortgages that are available, which are not available if you take title and an LLC. So a lot depends on the purpose that the property is being acquired for and its use after you acquire it. If you have any questions, give me a call at (727) 847-2288.
What identification do I need to bring to my real estate closing? If you’re the seller of the property, the notary Republic is going to ask for a driver’s license or a government issued photo identification, that’s usually a driver’s license. You can use a passport or a Florida ID card as far as that’s concerned, or any other government issued a identification card that has your picture on it.Sometimes a lender will ask for a secondary or two forms of identification. The second form I can take, can be a voter registration card, a social security card. I’ve used credit cards, with your name, or you even utility bills, which show your address and your name. So, that is what you need to bring. If you’re the buyer and you don’t need to have your signature notarized, you may not need to bring any identification. As far as the closing concern, primary reason for bringing the identification is if you have to have your signature notarized and that’s whenever, your need to have the identification, in order to be able to execute the documents. If you have any questions about this, give me a call at (727) 847-2288.
Can I be evicted during the COVID-19 pandemic? The answer is yes. Now, if you’re viewing this, this answer is for Florida and that the governor of the state of Florida has latest order has said that you cannot evict a tenant if for nonpayment or rent, if the nonpayment of rent as associated with the pandemic, just because you decide not to pay your rent is not good enough, you have, it has to be related to the pandemic. And this is good until August 31st, after which time all your rent can be due, unless they extend it. And you can then be a victim for all your past due rent. Also, you can be evicted in the event that your lease has been terminated, or if you have not complied with the provisions of the lease. There are any number of reasons why you can still be evicted. The exception being, if the reason you weren’t able to pay your rent is because of COVID-19. Now this, the governor of the state of Florida’s order is not being followed. Consistency can consistently throughout Florida. And it varies from County to County and sometimes even judge to judge as to how they treat this. Also, if you are living in a federal laid back, mortgage, facility or federal housing, there is a federal statute or federal order that you cannot be evicted, the period, until the end of August. Again, this also may be extended. So,hopefully that gives you some guidance. And if you have some questions, give me a call at (727) 847-2288.
Well, if a golf ball causes damage to my home while the first answer is, is the golfer. However that presents a real practical problem, as far as trying to identify who it is, gives his name in order to be able to sue him in order to try and recover whatever damages the golf ball made to your to your home. If it is a reoccurring problem you may want to advise or contact whoever’s operating the golf course or the owner and advise them that they need to make some provision to protect your property from golf balls. And if they don’t, then you may have a cause of action against the golf course operator for failure to put up the proper protective barriers to protect your property. So I believe you would need to give them notice or have to be a recurring problem in order to do that. If you hear again, I think I’ve handled one such case for golf course operator, but your remedy would be a course to just sue the golf course in small claims court for whatever your damages were. Small claims court, you can sue up to $8,000. My telephone number, if you have questions, although I don’t know that I’ll be able to answer them would be (727) 847-2288.
Can I add my children’s name to the deed of my home? If I have a mortgage, the answer is yes, you can. Although I don’t think it is a good idea and that there are any number of problems or, that you can encounter as far as adding children to the title to your property. First off is we would be sure that it would be an adult children, because if you put minor children in title, it would be impossible while you would have to set up a guardianship in order to be able to ever sell the property with their name on it, or wait until they turned age 18. If it’s adult children, you’re then partying with a particular interest in your home. And if they would ever have any creditor problems, though, they’re creditors could attach a portion of your house for their bet.
And it’s considered an asset. Also, if for any reason you would have some problems with your children and they decided that they didn’t think it was in your best interest to sell your house. Then you may be frustrated as far as having, trying to sell your house, cause you’re going to need your children to, or child who you put on title two to sign the deed. I suggest there’s an alternative. If the purchase purses purpose of doing this is to avoid probate so that your children receive it at the time of your death. And that’s called a transfer on death deed. Here in Florida, we referred to him as a lady bird deed, and it’s also called an enhanced life estate deed whereby you control the, your property during your lifetime, and also have the ability to sell it without having to have your children joining the deed.