Video Summary

Am I required to allowed unattended access inside my home by my contractor?  The answer to the question is no; however, you need to look at the consequences and are you there, or someone there at every day to provide him access.

Because your contractor’s gonna want to be able to get in there and get the job done.  And so he’s not gonna want to have to wait until you’re at home or whatever.  Of course, if you have a contractor that hadn’t shown up, and he wants to show up every three of four weeks, well it sounds like you need to get rid of your contractor and get someone else.  But you could probably write into the contract that says that he is – that you will be available or negotiate that on the front end.  And particularly if you’re doing a remodeling and you’re living there in your home, the answer to the question is no.

However, it may impeded the progress of your job.  But my experience says, well, that hadn’t been a problem you being there to allow him access, it’s been a problem of him not showing up, and then him wanting to show up whenever he wants to and then complain that he couldn’t get in to do the work.  So it sounds like a problem between the owner and the contractor, and sounds we need to get a new contractor and go through that process rather than talking about access to the home.

So if you have any questions about your construction contract and your contractor, well give me a call at 727-847-2288.

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 the housing market on the rise in 2015?  Well you are simply asking an opinion of a real estate lawyer in New Port Richey, Florida.  From my perspective, yes; the market is picking up.  The number of sales in particular, as far as the price is concerned, we are seeing some price appreciation in that you have supply and demand. 

What is also interesting is the amount of owner financing that I’m seeing involved in the sale of properties or leases with options to sell.  So from my perspective in Pasco County, New Port Richey, Florida is yes, the housing market is improving substantially and hopefully we continue to get a price appreciation.

And if you need some assistance in selling your home or closing your home, I write title insurance and also if you need some help with the owner financing I’ll be glad to discuss with you the advantages, at least with an option to purchase, and also whether or not you can take back a note and mortgage and what the downside is to owner financing.

Give me a call at (727) 847-2288.

Video Summary

Are you still liable for a mortgage if you quit claim the property to a third party?  The answer to the question is yes; you are still liable under the promissory note that the mortgage secures.  The mortgage is a lien against the property, which of course the buyer is taking the property subject to so they can enforce the mortgage or foreclose if the payments are not made. 

You signed a promissory note and so if you are the maker under the note you have liability under the promissory note.  The time that that would be a problem would be if the property was not worth as much as the amount that is owed under the note and then the mortgage holder could if they would sue you for what they call “a deficiency judgment.”  But you are not relieved from the liability under the promissory note if you simply convey away the property by quit claim deed, sale, or any other type of conveyance. 

So if you would like to be released and you want to convey the property away, well give me a call and I’ll tell you what will be necessary to do that.

My phone number is (727) 847-2288.

Video Summary

What should I do if my neighbor’s fence is situated on a portion of my property?  Well usually it’s not a problem particularly if it’s just over a little bit and you get along with your neighbor.  Some people get concerned about having fences on their property and they get concerned about the neighbor cutting the grass or being able to claim that property if they leave the fence there a long period of time.  That is not the case.  The only time that you have to worry about if it comes into being is whenever the boundary line is uncertain.  Let’s say you don’t have a platted lot or you’re out in the field, and then you have a dispute as to where the actual boundary line is.  And then sometimes the fence can be indicative of where the boundary line should be.

But fences, a lot of people look at that when they buy property and think well, the fence shows where the boundary line is when in fact the fences don’t show where the boundary line is and you really need to have a survey.  Getting back to the question about what to do about it with your neighbor, well good fences make good neighbors and if it doesn’t, it encroaches just a few inches one way or the other, well, it’s certainly not going to hurt you in any way.  And so I wouldn’t worry about it.  If your neighbor becomes a problem, well then I suggest you get a survey so that you have a drawing that shows where your fence is on your property and if you want it removed and you don’t get along with the neighbor is to send him a copy of the survey and a letter saying that please move your fence and give him a time certain.  Say if you don’t contact me within that period of time I’m going to remove your fence from my property.  Please make arrangements and remove your fence.

So it really doesn’t present too much of a problem.  Now whenever you get financing and there’s a fence encroachment, the lenders really don’t have problems with the title insurance people will probably ensure the lender that they won’t suffer any loss by reason of a fence encroachment.  So it’s primarily a how well do you get along with your neighbor situation rather than any particular legal situation  ’cause you’re not gonna lose your property over the fence being on your property.

So if you got a fence problem, well give me a call.  I’ll be glad to talk to you about it but you don’t want to spend a whole lot of money on it.  The other solution is if you do want it removed at some point is try and enter into an agreement with our neighbor that says I don’t have a problem with it but if somebody on down the line, we need to take care of it for legal purposes, will you sign an agreement that you’ll remove it later on is another solution.

So if you have questions, well give me a call at 727-847-2288.  Thank you.