All Forum Posts by: David Wurzel

@Phil Reames @Dan Green

Phil is absolutely correct. The POA has nothing to do with the situation at this point. The only way to sell the house is to probate it.

@Dan Green  She goes through probate, gets the house, sells the house and pays off the bank, keeps the rest.  Done.  Happens all the time. If you wish I can put you in contact with my attorney.

@Dan Green This will come down to whether or not your cousin wishes to keep the house.  If they wish to keep the house then they should be able to take over the loan and continue paying it since it would be exempt from a due on sale or acceleration. Or, I guess they could take the loan over and refi.   If they do not wish to keep the house then they should sell it for the equity.  Either way they would need to do an Intestate (having a will) Summary Administration.  This transfers the asset to them.  That can be done fairly quickly depending on when your aunt died.  If she died within the last 2 years claims can be made against the estate.  In Florida, by law, an attorney must be involved except for "disposition without administration" (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary.  No matter what I would highly recommend an attorney.  Things can get complicated very fast.

Hi Dan:  It really depends on how the house was titled.  Was the property in a trust?  Was your aunt married?  Were there any liens on the property?  Did she have will?  Are there other assets involved.  These are just a few of the questions to be answered.  I've done multiple probates through an attorney who used to be an employee.  

Hi! I'm looking for stories of those who have purchased HOA liens at auction and then rented out the property. Tell me the good, the bad, the ugly. I am aware of all the pitfalls of being in a second position and am not worried about it. I am also aware of the "morality" and "ethics" and so on of purchasing a second and not paying the first. How was your success? Were you able to get in before foreclosure? How long were you able to delay it? This is for Florida properties only.

After reading your job responsibilities I am just curious why anyone would do this job for your company as opposed for themselves especially since it is commission only?

I started reading this thread to find that it was funny and a bit goofy.

Now I come back to see it has devolved into a petty b**** session.

That's sad.

OK, a bit tongue in cheek here but also semi-serious.

It's time to whip it out and let everyone know who has the longest...buyer's list.

Just curious as to how many buyers you have on your list.

Looking for a number only.

I'm trying to see if I (ahem..) measure up.

No exaggerations please!

@Account Closed

If I had to name it I would say that your PM is churning your account.  The term originates from when a brokerage firm will make trades whose only purpose is to generate commissions.

@Account Closed

A good contract lawyer will get you out of this.

Always remember that just because it is in a contract doesn't mean they can do it.  That's the first thing I learned when I had an attorney review a contract I was to sign.  He would just mark through it and tell them what they were proposing was illegal and that just because it was in the contract didn't suddenly make it legal.

If you have a lease with the tenant that says proper notice needs to be given to enter the premises and the PM is saying "whatever" when it comes to this then does your contract with the PM void the one you have with the tenant?  I highly doubt it.