Can the bank just come in and kick me out of my house?

  It’s not that simple. So the answer is no, they just cannot send somebody out there and say you got to get out, you got to do this. They had to go through a formal foreclosure process which typically means that if you don’t pay, they have to send you some kind of notice, […]

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Do I have to pay my mortgage if I owe more then the house is worth?

  Believe it or not I get this question all the time. The answer is, you made an obligation at some point. You signed a contract. You made an agreement with the bank that you were going to borrow x amount of dollars from them and then you were going to make payments back to […]

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What happens if I don’t pay my property taxes in Florida?

  In the state of Florida, property taxes are due by March 31st in the year following when the taxes were assessed. If you don’t pay them by the 31st, then what will happen is the county where the taxes are, they will sell what are called tax certificates. Typically June 1st of that year, […]

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What is a short sale in Florida?

  A short sale is simply selling a piece of real estate and getting the lender to agree to release the property even though you might owe more than what you’re getting for the sales price. Often times there may be ramifications from the lender to you. They may agree to waive whatever the difference […]

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What happens if I don’t pay my second mortgage?

  If you don’t pay your second mortgage, kind of similar to if you don’t pay your first mortgage, the lender has the right to do certain things.  The first thing you need to do is to read the promissory note that you signed. Oftentimes, that says what they have to do or what they […]

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Do I have the right as an owner to go into a place I rented out to someone else?

  The answer is:   not necessarily.   In fact, one of the most common tenant complaints is that a landlord/owner, because they own the place, think they can just go by and check the place out any time they want. I usually advise my clients to put something in the lease that explains when […]

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What do I do with my tenant’s security deposit in Florida?

  When a tenant gives you a security deposit when they move in, you are required to keep it in a separate account, separate from your money. You can keep it in a general account with a bunch of security deposits and it should be interest-bearing, it doesn’t have to be interest-bearing all the time, […]

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How do I make a claim on my tenant’s security deposit?

  It’s really quite simple. The Florida Statute very clearly says the form in which the claim needs to be made. It’s very specific language basically saying, “I hereby make a claim in the amount of x amount of dollars, and here’s the reason why.” The statute’s clear that you have fifty to thirty days […]

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What happens if my tenant owes me money after they move out?

  There’s a couple of different statutes that come into play here. If you have a security deposit then there’s certain rules and regulations you have to follow in order to make a claim against that security deposit. There are some absolute and very quick time frames that happens so make sure you’re following those. […]

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If my tenant breaks the lease, do I have to try and re-rent the place?

  The general answer to that is in the state of Florida, you have to try. There’s a lot of variables that go into that. The first part of that though is do you have possession of the property? In other words, did you evict them from the property or did they leave and give […]

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    Scott Van Ness
    I have been a practicing attorney for over 18 years. I am a born again Christian who believes The Bible is the inerrant Word of God. I believe that Jesus died sinless as a sacrifice for each of us who acknowledges Him as our Savior. I believe He died and was resurrected on the third day in fulfillment of Scripture. If you want more information send me an e-mail. If you have a question, please post it as I am sure you are not the only one with that question.