The document discusses various options for mobile home ownership in Florida and how to prove ownership through titles. It provides details on:
1) Renting a mobile home lot from a park owner or renting both the lot and mobile home. Annual registration of the mobile home is required with the DHSMV.
2) Purchasing a mobile home as real property through a cooperative or condominium, which involves titles, deeds, and real property taxes.
3) Purchasing land and a mobile home requires deed and title transfers along with securing loans through mortgages on both. Titles can also be "retired" for properties treated as real estate.
This document discusses landlord and tenant obligations under Illinois law. It provides an overview of key topics including:
1. The duties of landlords to deliver possession to tenants, make repairs, and provide quiet enjoyment. It summarizes relevant statutes and common law on these issues.
2. The rules around security deposits, including timelines for returning deposits and paying interest. The key state statutes governing these obligations are summarized.
3. A brief overview of the applicability of the Fair Credit Reporting Act and Protecting Tenants at Foreclosure Act in landlord-tenant relationships.
4. Abandoned property issues are also listed as a topic but not further discussed. Background information is provided on the author and their qualifications
This document appears to be a practice exam for a law school final exam in LAW 421. It contains 30 multiple choice questions testing various concepts in business law, contracts, torts, and criminal law. Specifically, it covers topics like jurisdiction, jurisprudence, the Commerce Clause, preemption, international law, litigation costs, torts, intellectual property, contracts, the Uniform Commercial Code, and white collar crimes like fraud, embezzlement, and Ponzi schemes.
The document provides 30 multiple choice questions that appear to be from a law exam related to various legal topics including contracts, torts, intellectual property, business organizations, and ethics. It tests understanding of concepts like mediation, jurisdiction, preemption, assumption of risk, trademarks, patents, contracts formation and discharge, UCC sales, warranties, Ponzi schemes, and the Sarbanes-Oxley Act.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
Subrogation othman bin hashim v kkw auto centre [2012] hcFAROUQ
This summary provides the high level details of the document in 3 sentences:
The document discusses a case regarding subrogation where an insurer filed a claim in the plaintiff's name after the plaintiff's vehicle was involved in an accident while in the defendant's possession. The court determined that the insurer was not entitled to subrogation as the driver at the time of the accident was covered by the plaintiff's insurance policy. The court also found that the plaintiff did not prove the defendant was negligent and dismissed the plaintiff's claim, while allowing the defendant's counterclaim for outstanding repair costs.
This document discusses landlord and tenant obligations under Illinois law. It provides an overview of key topics including:
1. The duties of landlords to deliver possession to tenants, make repairs, and provide quiet enjoyment. It summarizes relevant statutes and common law on these issues.
2. The rules around security deposits, including timelines for returning deposits and paying interest. The key state statutes governing these obligations are summarized.
3. A brief overview of the applicability of the Fair Credit Reporting Act and Protecting Tenants at Foreclosure Act in landlord-tenant relationships.
4. Abandoned property issues are also listed as a topic but not further discussed. Background information is provided on the author and their qualifications
This document appears to be a practice exam for a law school final exam in LAW 421. It contains 30 multiple choice questions testing various concepts in business law, contracts, torts, and criminal law. Specifically, it covers topics like jurisdiction, jurisprudence, the Commerce Clause, preemption, international law, litigation costs, torts, intellectual property, contracts, the Uniform Commercial Code, and white collar crimes like fraud, embezzlement, and Ponzi schemes.
The document provides 30 multiple choice questions that appear to be from a law exam related to various legal topics including contracts, torts, intellectual property, business organizations, and ethics. It tests understanding of concepts like mediation, jurisdiction, preemption, assumption of risk, trademarks, patents, contracts formation and discharge, UCC sales, warranties, Ponzi schemes, and the Sarbanes-Oxley Act.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
Subrogation othman bin hashim v kkw auto centre [2012] hcFAROUQ
This summary provides the high level details of the document in 3 sentences:
The document discusses a case regarding subrogation where an insurer filed a claim in the plaintiff's name after the plaintiff's vehicle was involved in an accident while in the defendant's possession. The court determined that the insurer was not entitled to subrogation as the driver at the time of the accident was covered by the plaintiff's insurance policy. The court also found that the plaintiff did not prove the defendant was negligent and dismissed the plaintiff's claim, while allowing the defendant's counterclaim for outstanding repair costs.
This document summarizes key concepts in real property and environmental law. It discusses different types of property interests like fee simple, life estates, easements, and profits. It also covers how ownership can be transferred through deeds, wills, adverse possession, and eminent domain. The document outlines landlord-tenant relationships, including rights and duties of landlords and tenants. It briefly discusses environmental law and how it is regulated at both the state and federal level, including through statutes like NEPA.
The document is a settlement agreement between the United States government, the US Army, Leo Burnett Company Inc., and relators Greg Hamilton and Michele Casey to resolve claims under the False Claims Act and Contract Disputes Act. Key points:
- Leo Burnett will pay the US $12.1 million to resolve claims regarding labor rates and billing affiliated companies as subcontractors.
- Leo Burnett will waive $3.4 million in claims for unpaid advertising buys by the Army.
- The US will pay the relators 18% of the total settlement amount as their share for bringing the suit.
- The parties will dismiss the related qui tam lawsuit with prejudice upon execution of the agreement
The document provides guidance for realtors on protecting landlord clients by educating them about Chicago's landlord-tenant laws. It summarizes key points of the Chicago Residential Landlord Tenant Ordinance (RLTO) including how it strongly favors tenants' rights. Common issues include improperly handling security deposits and failing to provide required summaries to tenants when signing leases. Realtors are advised to familiarize themselves with the RLTO and recommend landlords consult attorneys to review leases for compliance.
The document is a 10 page mock bar exam containing multiple choice questions regarding civil law. Question I discusses whether a lease provision granting a lessee first right of refusal is an option contract or right of first refusal. Question II discusses the personal liability of an industrial partner for partnership debts. Question III addresses the validity of an articulo mortis marriage and legitime rights of the surviving spouse.
The document summarizes key concepts in creditors' rights and bankruptcy law. It defines secured transactions and how a security interest is created. It also discusses remedies creditors can pursue like prejudgment attachments, writs of execution, and garnishment. The document then covers bankruptcy proceedings, including what constitutes property of the debtor's estate and exempt property. It also discusses the roles of debtors, trustees, and creditors in Chapter 7 liquidation and Chapter 11 reorganization cases.
A contract of insurance differs from a wagering contract in several key ways:
1. A contract of insurance requires the holder to have an insurable interest, meaning they will suffer damage if the insured event occurs, while a wagering contract does not require any interest in the outcome.
2. In a contract of insurance, both parties have an interest in the subject matter, while in a wagering contract neither party has any interest in whether the event happens or not.
3. Contracts of insurance are intended to indemnify against loss or risk, while wagering contracts simply pay a fixed amount regardless of any loss or damage from the event.
Law 421 final exam mcq`s correct answers 100%Austing_3
This document appears to contain 30 multiple choice questions related to business law. It provides the questions and 4 possible answer choices for each question. The questions cover a range of topics including contracts, torts, intellectual property, criminal law, and corporate governance. No answers are provided. The document encourages leaving positive feedback if it is helpful for an exam and wishes the reader good luck.
This document discusses alternative obligations under Philippine law. An alternative obligation allows a debtor to fulfill their obligation by choosing one of multiple possible prestations or undertakings. The right of choice typically belongs to the debtor, unless expressly granted to the creditor. The debtor cannot choose prestations that are impossible, unlawful, or could not have been the object of the obligation. Once the debtor communicates their choice to the creditor, the obligation becomes simple rather than alternative. If the creditor's actions prevent the debtor from making a choice according to the terms, the debtor may rescind the contract and claim damages.
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
CGL Coverage Form -- Coverage A (from FC&S Legal: The Insurance Coverage Law ...NationalUnderwriter
This article analyzes coverage A, bodily injury and property damage coverages of the ISO CGL form CG 00 01.
Bodily Injury and Property Damage Liability:
Summary: Coverage A of the current commercial general liability (CGL) coverage forms, both the
occurrence form and the claims-made form, provides bodily injury and property damage liability
insurance. This article discusses the features of coverage A that are common to both the occurrence
and the claims-made form.
Bajaj Allianz General Insurance offers add-on covers, which gives benefits like Depreciation Shield, Engine Protector & 24x7 Spot Assistance. These covers can be availed with the payment of an additional premium. Here's a presentation based on the add on packages that you can opt for with our motor insurance policy. Know more about our Car Insurance policies by visiting our website.
A minor's agreements are void and cannot be ratified or create estoppel, even if the minor becomes insolvent. Agreements by those of unsound mind or those who are disqualified like convicts or insolvents are also not enforceable. Minors and those of unsound mind have limited capacity to enter into contracts under law.
A minor is not competent to enter into a contract. An agreement made by a minor is void. However, a minor can be reimbursed for necessaries supplied that are suited to their condition in life from their property. A minor may also be admitted to the benefits of a partnership with consent of all partners but is not personally liable for acts of the firm. On attaining majority, a minor admitted to partnership benefits can choose to become a partner within 6 months or leave the firm.
The National Reverse Mortgage Lenders Association wrote a letter to the Chairman of the California State Insurance Committee to express concerns about Assembly Bill 793. The bill aims to protect senior homeowners but is too broad and vague. It does not provide clear guidance and could dictate how seniors use their own funds. The letter outlines challenges with the bill, existing laws that offer protections, potential unintended consequences, and alternative proposals that meet the goals of protecting seniors without limiting choices or business activity.
This document discusses key concepts in real estate analysis including definitions of real estate as a physical asset and industry. It covers the three markets of real estate - user, capital, and property markets. It also summarizes different types of property rights and interests like the bundle of rights, estates including fee simple absolute and life estates, and non-possessory interests like easements and liens. Key characteristics of real estate like heterogeneity and illiquidity are examined.
The document discusses the concept of free consent in contracts. It defines free consent as consent that is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. It examines each of these factors in detail - outlining what constitutes coercion, undue influence, fraud, misrepresentation, and mistakes of fact and law. It provides examples for each factor and discusses the consequences when free consent is compromised, such as contracts becoming voidable or requiring restitution.
Tenants of Foreclosed Properties Have Rightswsunter
The document discusses tenants' rights in foreclosure proceedings. It outlines the Protecting Tenants in Foreclosure Act, which states that a purchaser of a foreclosed property takes ownership subject to any leases signed before notice of foreclosure. This protects tenants by allowing their leases to remain valid after the property changes hands in foreclosure. There are two exceptions: if the new owner will occupy it as a primary residence, or if there was no lease. Even then, 90 days notice must be given. To benefit from these protections, a lease must be a bona fide arm's length transaction without involvement of the foreclosed owner or below market rent. The document advises tenants to obtain legal counsel if issues arise
A non residents guide to buying property in floridaJames Lavigne
This document provides an overview of the process and key considerations for non-residents buying property in Florida. It discusses choosing reputable developers and investigating sellers' backgrounds. Original home purchases provide more protections than resales. The document also outlines immigration laws allowing British citizens to live in Florida up to six months per year or obtain visas by investing or starting a business. Steps in buying property include knowing the property, contract terms, costs, zoning, financing options, legal rights, and consulting professionals.
This document provides an overview of title insurance. It discusses what title and title insurance are, when title insurance may be needed, what types of losses it covers and does not cover, how to purchase it, and what to do if you need to make a claim. Specifically, it notes that title insurance protects against unknown title defects, liens, and other issues affecting ownership. It also outlines that residential policies cover homes and condos, while commercial policies cover other property types like offices and stores. The document advises reading policies carefully to understand coverage and exclusions.
This document summarizes an investment opportunity for mobile home asset-backed loans offered by Affordable Housing Acquisitions (AHA). AHA offers loans between $12,000-$228,000 for 30 months at interest rates between 12-18%, with the loans secured by mobile homes valued at 20-25% above the loan amount. The document includes sample loan documents, frequently asked questions about the investment, and information about AHA.
This document summarizes key concepts in real property and environmental law. It discusses different types of property interests like fee simple, life estates, easements, and profits. It also covers how ownership can be transferred through deeds, wills, adverse possession, and eminent domain. The document outlines landlord-tenant relationships, including rights and duties of landlords and tenants. It briefly discusses environmental law and how it is regulated at both the state and federal level, including through statutes like NEPA.
The document is a settlement agreement between the United States government, the US Army, Leo Burnett Company Inc., and relators Greg Hamilton and Michele Casey to resolve claims under the False Claims Act and Contract Disputes Act. Key points:
- Leo Burnett will pay the US $12.1 million to resolve claims regarding labor rates and billing affiliated companies as subcontractors.
- Leo Burnett will waive $3.4 million in claims for unpaid advertising buys by the Army.
- The US will pay the relators 18% of the total settlement amount as their share for bringing the suit.
- The parties will dismiss the related qui tam lawsuit with prejudice upon execution of the agreement
The document provides guidance for realtors on protecting landlord clients by educating them about Chicago's landlord-tenant laws. It summarizes key points of the Chicago Residential Landlord Tenant Ordinance (RLTO) including how it strongly favors tenants' rights. Common issues include improperly handling security deposits and failing to provide required summaries to tenants when signing leases. Realtors are advised to familiarize themselves with the RLTO and recommend landlords consult attorneys to review leases for compliance.
The document is a 10 page mock bar exam containing multiple choice questions regarding civil law. Question I discusses whether a lease provision granting a lessee first right of refusal is an option contract or right of first refusal. Question II discusses the personal liability of an industrial partner for partnership debts. Question III addresses the validity of an articulo mortis marriage and legitime rights of the surviving spouse.
The document summarizes key concepts in creditors' rights and bankruptcy law. It defines secured transactions and how a security interest is created. It also discusses remedies creditors can pursue like prejudgment attachments, writs of execution, and garnishment. The document then covers bankruptcy proceedings, including what constitutes property of the debtor's estate and exempt property. It also discusses the roles of debtors, trustees, and creditors in Chapter 7 liquidation and Chapter 11 reorganization cases.
A contract of insurance differs from a wagering contract in several key ways:
1. A contract of insurance requires the holder to have an insurable interest, meaning they will suffer damage if the insured event occurs, while a wagering contract does not require any interest in the outcome.
2. In a contract of insurance, both parties have an interest in the subject matter, while in a wagering contract neither party has any interest in whether the event happens or not.
3. Contracts of insurance are intended to indemnify against loss or risk, while wagering contracts simply pay a fixed amount regardless of any loss or damage from the event.
Law 421 final exam mcq`s correct answers 100%Austing_3
This document appears to contain 30 multiple choice questions related to business law. It provides the questions and 4 possible answer choices for each question. The questions cover a range of topics including contracts, torts, intellectual property, criminal law, and corporate governance. No answers are provided. The document encourages leaving positive feedback if it is helpful for an exam and wishes the reader good luck.
This document discusses alternative obligations under Philippine law. An alternative obligation allows a debtor to fulfill their obligation by choosing one of multiple possible prestations or undertakings. The right of choice typically belongs to the debtor, unless expressly granted to the creditor. The debtor cannot choose prestations that are impossible, unlawful, or could not have been the object of the obligation. Once the debtor communicates their choice to the creditor, the obligation becomes simple rather than alternative. If the creditor's actions prevent the debtor from making a choice according to the terms, the debtor may rescind the contract and claim damages.
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
CGL Coverage Form -- Coverage A (from FC&S Legal: The Insurance Coverage Law ...NationalUnderwriter
This article analyzes coverage A, bodily injury and property damage coverages of the ISO CGL form CG 00 01.
Bodily Injury and Property Damage Liability:
Summary: Coverage A of the current commercial general liability (CGL) coverage forms, both the
occurrence form and the claims-made form, provides bodily injury and property damage liability
insurance. This article discusses the features of coverage A that are common to both the occurrence
and the claims-made form.
Bajaj Allianz General Insurance offers add-on covers, which gives benefits like Depreciation Shield, Engine Protector & 24x7 Spot Assistance. These covers can be availed with the payment of an additional premium. Here's a presentation based on the add on packages that you can opt for with our motor insurance policy. Know more about our Car Insurance policies by visiting our website.
A minor's agreements are void and cannot be ratified or create estoppel, even if the minor becomes insolvent. Agreements by those of unsound mind or those who are disqualified like convicts or insolvents are also not enforceable. Minors and those of unsound mind have limited capacity to enter into contracts under law.
A minor is not competent to enter into a contract. An agreement made by a minor is void. However, a minor can be reimbursed for necessaries supplied that are suited to their condition in life from their property. A minor may also be admitted to the benefits of a partnership with consent of all partners but is not personally liable for acts of the firm. On attaining majority, a minor admitted to partnership benefits can choose to become a partner within 6 months or leave the firm.
The National Reverse Mortgage Lenders Association wrote a letter to the Chairman of the California State Insurance Committee to express concerns about Assembly Bill 793. The bill aims to protect senior homeowners but is too broad and vague. It does not provide clear guidance and could dictate how seniors use their own funds. The letter outlines challenges with the bill, existing laws that offer protections, potential unintended consequences, and alternative proposals that meet the goals of protecting seniors without limiting choices or business activity.
This document discusses key concepts in real estate analysis including definitions of real estate as a physical asset and industry. It covers the three markets of real estate - user, capital, and property markets. It also summarizes different types of property rights and interests like the bundle of rights, estates including fee simple absolute and life estates, and non-possessory interests like easements and liens. Key characteristics of real estate like heterogeneity and illiquidity are examined.
The document discusses the concept of free consent in contracts. It defines free consent as consent that is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. It examines each of these factors in detail - outlining what constitutes coercion, undue influence, fraud, misrepresentation, and mistakes of fact and law. It provides examples for each factor and discusses the consequences when free consent is compromised, such as contracts becoming voidable or requiring restitution.
Tenants of Foreclosed Properties Have Rightswsunter
The document discusses tenants' rights in foreclosure proceedings. It outlines the Protecting Tenants in Foreclosure Act, which states that a purchaser of a foreclosed property takes ownership subject to any leases signed before notice of foreclosure. This protects tenants by allowing their leases to remain valid after the property changes hands in foreclosure. There are two exceptions: if the new owner will occupy it as a primary residence, or if there was no lease. Even then, 90 days notice must be given. To benefit from these protections, a lease must be a bona fide arm's length transaction without involvement of the foreclosed owner or below market rent. The document advises tenants to obtain legal counsel if issues arise
A non residents guide to buying property in floridaJames Lavigne
This document provides an overview of the process and key considerations for non-residents buying property in Florida. It discusses choosing reputable developers and investigating sellers' backgrounds. Original home purchases provide more protections than resales. The document also outlines immigration laws allowing British citizens to live in Florida up to six months per year or obtain visas by investing or starting a business. Steps in buying property include knowing the property, contract terms, costs, zoning, financing options, legal rights, and consulting professionals.
This document provides an overview of title insurance. It discusses what title and title insurance are, when title insurance may be needed, what types of losses it covers and does not cover, how to purchase it, and what to do if you need to make a claim. Specifically, it notes that title insurance protects against unknown title defects, liens, and other issues affecting ownership. It also outlines that residential policies cover homes and condos, while commercial policies cover other property types like offices and stores. The document advises reading policies carefully to understand coverage and exclusions.
This document summarizes an investment opportunity for mobile home asset-backed loans offered by Affordable Housing Acquisitions (AHA). AHA offers loans between $12,000-$228,000 for 30 months at interest rates between 12-18%, with the loans secured by mobile homes valued at 20-25% above the loan amount. The document includes sample loan documents, frequently asked questions about the investment, and information about AHA.
The document summarizes Chicago landlord/tenant law and the Chicago Residential Landlord Tenant Ordinance (CRLTO). It outlines that the CRLTO establishes tenant rights and protects tenants. It notes that landlords often get in trouble related to security deposits, by commingling funds or not providing proper receipts, and for lease issues like failing to attach the required summary of the CRLTO. The document provides an overview of the eviction process in Chicago and general advice for landlords, such as following the CRLTO and not waiting too long to begin an eviction.
This document provides an overview of landlord-tenant law in Chicago, Illinois. It discusses the key points of the Chicago Residential Landlord Tenant Ordinance (CRLTO), including that it was enacted in 1986 to protect tenant rights. The CRLTO applies to most rental properties in Chicago, except for certain exempted units. Common issues landlords face include mishandling security deposits and failing to properly draft leases in accordance with the CRLTO. The eviction process in Chicago is lengthy and favors tenants. Landlords must follow all requirements of the CRLTO to avoid penalties and ensure tenant compliance.
As Interest Rates Rise, So Do Mortgage Foreclosuresrmiller1
The document discusses mortgage foreclosures. It explains that a mortgage is a security interest in a property that secures a debt, and if the debt is not paid, the lender can foreclose on the mortgage through a legal process to recover the property or the balance of the debt. The foreclosure process involves filing a legal case, notifying all interested parties, obtaining a judgment if the debt is not paid, setting a sale date for the property, and conducting a public auction. The lender is not guaranteed to regain the property, as it must bid at least the judgment amount and someone could outbid them.
This consent order resolves claims by the United States that SunTrust Mortgage engaged in discriminatory lending practices between 2005-2009 in violation of fair lending laws. Specifically, the US alleged that African American and Hispanic borrowers paid higher interest rates and fees. SunTrust denies the allegations but agreed to the order to avoid litigation. The order prohibits SunTrust from engaging in pricing discrimination and requires it to maintain policies to ensure loan pricing is not discriminatory. It also requires SunTrust to compensate certain borrowers and maintain standards governing employee and broker compensation to prevent discrimination.
2M E M O R A N D U MTO Supervising Attorney F.docxtamicawaysmith
2
M E M O R A N D U M
TO: Supervising Attorney
FROM: [Student name]
RE: LP Assignment
DATE:
FACTS: [Include the facts that are necessary to your answer. In most memos, the facts are written in chronological order.]
QUESTION/ISSUE: [You may have more than one QUESTION/ISSUE and ANSWER for an assignment.]
ANSWER: [Your answer should include one or more statements of law with BlueBook citations, an application or analysis of the law to the facts, and a conclusion. In other words, you are following the Legal Writing pattern IRAC: I (Issue), R (Rule), A (Application or Analysis), and C (Conclusion).]
*Use APA style formatting: 1-inch margins, Times New Roman size 12 font, double-space.
*Use Bluebook citation.
LP6 Assignment: Who Owns What?
A woman named Bonnie walks into your firm one day requesting help in a dispute over a property she purchased. The circumstances of the property are as follows:
Ponch owned Easy Acres, an undeveloped parcel of land located in Green. Ponch had always wanted to purchase a Tomahawk motorcycle, but the ones that were available for sale were always beyond his price range. But thanks to a significant increase in the value of the Easy Acres parcel, Ponch finally had the means to acquire his coveted motorcycle. Ponch gets a loan from his friend Jon, securing the loan with a mortgage on Easy Acres for $100,000. Jon forgets to record the mortgage.
Ponch subsequently sold Easy Acres to Grossman for $75,000 in cash and rode off to Arizona to live out his life-long dream of starring in television commercials as a mattress pitchman. Grossman recorded the deed of sale and immediately built a roller derby track on Easy Acres, which increased the value of the land to over $500,000.
Grossman sold the facility to Bonnie, a roller derby impresario and your client, for $600,000 in a duly recorded deed.
One day, Jon happened by Easy Acres and noticed the roller derby facility. He was unable to contact Ponch but located Bonnie, presented her with the mortgage documents, and demanded that Bonnie pay him his $100,000.
Bonnie needs help with the action Jon is threatening to bring for recovery of his $100,000. Your firm's partner asks you to help her craft her response to Bonnie.
In a 2-page double-spaced APA Style memorandum, explain what rights Grossman, and subsequently Bonnie, have with respect to Easy Acres and why. What rights does Jon have, and why?
NEEDS TO INCLUDE:
1) What rights did Grossman have with respect to the property, and subsequently, what rights does Bonnie have with respect to the property? Why?
2) What rights does Jon have with respect to the property? Why?
3) Some place in your memo, please state whether Bonnie has to pay Jon the $100,000.
HINT: The answers to these questions are found in Chapter 12, but the answers are not found in the section on Recording Statutes.
Criteria
1. Memorandum details the rights and interests of Bonnie in the property, and why.
2. Memorandum details the rig ...
Sean Roland | Introduction to Real Estate Insurance for Realtors and Mortgage...Sean Roland
This document discusses various types of real estate insurance. It explains that title insurance protects the purchaser and lender from defects in ownership, and every real estate transaction requires title insurance. It also discusses that homeowners insurance is required by lenders to protect the property from damage, and covers the structure, contents, and liability. Additionally, some situations may require flood insurance or mortgage insurance for small down payments. The document provides details on types of policies including owners policies, lenders policies, and credit life insurance.
Dana Chiles | Introduction to Real Estate Insurance for Realtors and Mortgage...Dana Chiles
Insurance requirements have become such an integral part of the real estate and loan transaction, they must be included in any comprehensive discussion of real estate finance.
Real Estate Market In India : A Profitable Investment by MCHIshashikant
The document discusses various aspects of purchasing a home in India, including:
1) The process of buying a home involves determining your budget, obtaining a home loan, and searching for a property that matches your needs and budget. Key documents to check include approved plans, ownership documents, and encumbrances.
2) Important considerations when buying a home include location, amenities, construction quality, and costs like maintenance fees. It's best to buy early in life to enjoy the home and build equity.
3) Tax benefits can make home ownership more affordable through deductions on loan interest and capital gains exemptions. Maintaining your own home provides stability compared to renting.
4) Additional documentation and procedures apply
PRIVATE ENCUMBRANCES Private encumbrances are voluntarily create.docxsleeperharwell
PRIVATE ENCUMBRANCES
Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law.
Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located.
A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination.
Mechanic’s and Materialmen’s Liens
A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens.
Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens.
Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens.
Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work.
Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work.
Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
The document discusses various types of borrowings against property in India. It begins by defining a loan against property, where a borrower uses their property as collateral to secure a loan. It then describes different types of property-backed loans like pledge, hypothecation, lien, and various types of mortgages. Key terms like mortgagor, mortgagee and registration charges are also explained. The rights and liabilities of parties in property-backed loans are discussed at the end.
1) The document is an exclusive listing agreement between a property owner and a real estate brokerage firm to list a property for sale for one year.
2) The owner pays the broker a $450 fee to list the property on the multiple listing service and install a for sale sign.
3) The owner agrees to disclose property defects and pay a commission to any broker who finds a buyer for the property.
Types of Mortgages in Housing loan & the rights of the lenderPratistha Mishra
Types of Mortgages that are provided by the lenders in Housing Loan & what the rights of the Mortgagor & Mortgagee along with it what are the essentials of each type of mortgage.
This document provides an explanation of estimated fees and costs for purchasing a new home through a mortgage. It lists and describes various lender fees, third party fees, attorney/title fees, government fees, other fees, prepaid items, and closing costs. The document aims to give an accurate reflection of costs at settlement to help buyers understand and prepare financially for home purchase settlement charges. It estimates fees on the high end to ensure buyers have sufficient funds. Questions are welcomed to clarify any part of the settlement cost estimate.
The document summarizes new California laws providing protections for homeowners against personal liability following a short sale. The laws prohibit lenders from pursuing homeowners for deficiencies or deficiency judgments after a short sale of their property for less than the outstanding loan balance. The laws apply to mortgages secured by 1-4 residential units and provide protections for homeowners who complete short sales after July 15, 2011, subject to some exceptions. The document provides charts outlining the applicability of protections following short sales versus judicial foreclosures.
This document is an advisory for properties being sold by lenders after foreclosure. It summarizes exemptions and requirements for the seller. The seller is exempt from providing certain disclosures but is still required to disclose known material facts affecting the property's value. The seller must also disclose information about earthquake zones, smoke detectors, water heaters, and lead paint. The sale is not exempt from state requirements for carbon monoxide devices or tax withholding obligations. Brokers still have obligations to conduct inspections and provide agency disclosures.
Similar to Clearing Mobile Home Title Defects Pre-Disaster 10.2.15 (20)
Clearing Mobile Home Title Defects Pre-Disaster 10.2.15
1. The Hillsborough County Bar Association
and
Bay Area Legal Services
No Place Like Home . . . If You
Can Prove Title
CLEARING MOBILE HOME TITLE DEFECTS
PRE-DISASTER
October 2, 2015
Jennifer Lynn Codding, Esq.
Jonathan James Damonte, Chartered
12110 Seminole Boulevard
Largo, FL 33778
(727) 586-2889
jcodding@damontelaw.com
2. ABOUT THE PRESENTER
JENNIFER LYNN CODDING is an associate lawyer with the law firm of Jonathan James
Damonte, Chartered in Largo. She graduated from the University of New Hampshire with a B.A. in
English/Journalism and a minor in Justice Studies in 1994. In 2010, she received her J.D. from the
University of New Hampshire School of Law. While in law school, she was admitted to the
UniversityofNewHampshireSchoolofLaw’sprestigious DanielWebsterScholarHonorsprogram,
a two-year bar practicum. Upon completion of the program, she was certified as having passed the
New Hampshire Bar examination and admitted to the New Hampshire Bar. In addition, she is
admitted to practice in Florida and is admitted to practice before the United States District Court for
the Middle District of Florida. She is a 2014 recipient of the Florida Association for Women
Lawyers Leaders in the Law Award and is Immediate-Past President of the Pinellas County Chapter
of the Florida Association for Women Lawyers. In 2015, the Pinellas County Chapter of the Florida
Association for Women Lawyers nominated her for the Marshall R. Cassedy Sr. Award for
outstanding service to a voluntary bar association and for Florida Trend Legal Elite 2015. She
currently serves on the Board of Trustees for the Sixth Judicial Circuit's Law Library, and she is a
hearing officer for the St. Petersburg Housing Authority. She practices in the areas of real estate
transactions, litigation, and community associations law.
3. No Place Like Home . . . If You Can Prove Title
CLEARING MOBILE HOME TITLE DEFECTS PRE-DISASTER
October 2, 2015
What is a Mobile Home?
A mobile home is a dwelling which is built on an integral chassis in a factory, transportable in one
or more sections, and which is eight feet or more in width. All single family mobile homes
manufactured since June of 1976 must be built in accordance with the Manufactured Housing
Construction and Safety Standards established by the U.S. Department of Housing and Urban
Development (HUD), and must display a label certifying compliance. One of every three homes
constructed in Florida is a mobile home.
What is the difference between a Mobile Home and a Manufactured Home?
Mobile homes are also sometimes called manufactured homes. This can be confusing as the term
“manufactured”home is also sometimes used to describeFlorida Departmentof CommunityAffairs
(“DCA”) Modular Homes, which are built to the Southern Building Code for site-built homes.
Modular homes are built in sections at a factory, trucked to and then assembled on the site on a
permanent foundation. As of October 1, 2015 modular homes placed on a mobile home lot in a
mobile home park, recreational vehicle park, mobile home condominium, cooperative, or
subdivision are required to be titled by the Department of Highway Safety and Motor Vehicles
(“DHSMV”).
Certificates of Title and Proving Ownership to a Mobile Home.
In Florida, a mobile home is designated as a motor vehicle and requires a Certificate of Title issued
by the DHSMV as proof of ownership, just like a car or truck. There is not a Certificate of Title for
any added on “Florida Room”.
What are the options for placement of Mobile Homes?
1. Rental Options:
a. Rent a lot, own the mobile home.
b. Rent both a mobile home and the lot on which it sits.
2. Real Property Options:
a. Purchase a mobile home cooperative unit.
b. Purchase a mobile home condominium unit.
c. Purchase a fee simple lot with a mobile home on it.
d. Purchase a cooperative, condominium or fee simple lot with a mobile home on it, the
title(s) of which has/have been “retired.”
4. Rent a Lot.
Mobile home lot rentals are governed by The Florida Mobile Home Act, Chapter 723 Fla. Stat. In
this instance, the park owner owns the land in fee simple. He or she rents individual lots to mobile
home owners. The mobile home owners pay monthly rent to the park owner and must register the
mobile home with the DHSMV annually, similar to registering a car. Once registered, the DHSMV
will issue a colored sticker for each side of the mobile home, which is/are placed in the front window
of the mobile home to evidence proper registration. Registration must be renewed annually and tag
fees paid, just like a car. The sticker color changes every year, just like the ones on cars.
For mobile home parks containing 26 or more lots, per §723.011 Fla. Stat., the park owner must file
aprospectuswith theFloridaDepartmentofBusiness andProfessionalRegulations. Priorto entering
into an enforceablerental agreement for a mobile home lot, the park owner must deliver a prospectus
to the prospective tenant. Upon delivery of a prospectus to a prospective tenant, the lot rental
agreement is voidable by the tenant for a period of 15 days. However, the park owner is not required
to furnish a copy of the prospectus if the tenancy is a renewal of a tenancy and the tenant has
previously received the prospectus.
Rent both a mobile home and the lot on which it sits.
Sometimes, in addition to rental lots, a fee simple land owner may have rental mobile homes in his
or her inventory. These can be mobiles the land owner obtained through abandonment sales, or even
mobiles turned over to the land owner in exchange for being released from any delinquent and
subsequent rent obligations. When a land owner rents the lot and the mobile home to a tenant, the
tenancyis governedbyTheFloridaResidentialLandlordandTenantAct,Chapter83Fla.Stat.These
mobile homes require annual registration and are also issued the colored sticker(s) by the DHSMV.
Purchase a mobile home cooperative unit.
Mobile home cooperatives are governed by The Cooperative Act, Chapter 719 Fla. Stat. A mobile
home cooperative consists of three pieces of property - the share or membership in the cooperative
association, the real estate interest in the lot on which the mobile home sits, and the mobile home.
The cooperative association owns the land in fee simple. Upon purchasing a cooperative unit, the
association issues a share in the association and a long-term leasehold interest in the lot on which
the mobile home sits to the purchaser. Generally, share records and transfers are handled by either
the association or its share transfer agent.
The leasehold interest, which gives the purchaser exclusive use to the lot on which the mobile home
sits, is transferred at the County Clerk’s Office in the County where the property is located, similar
to a deed. This ownership has a chain of title just like fee simple ownership and parties must pay
Florida documentary stamp tax on the total sales price to the State at the time of recording the
instrument of transfer pursuant to §201.02 Fla. Stat. The cooperativeunit and mobile home are taxed
as real property. Mobile home cooperative owners do not have to pay personal propertytaxes on any
attachments to the mobile home. Since the lease is long-term (usually 99 years), if the unit is the
5. owner’shomestead, the owner benefits from the realestatetaxhomesteadexemption, andprotection
against judgments.
The mobile home title(s) is/are transferred at the DHSMV. However, since a mobile home
cooperative is considered real property, purchasers do not pay sales tax or tag fees to the DHSMV
and the mobile home does not need to be registered annually. Rather, the DHSMV issues black real
property (“RP”) sticker(s), which cooperative unit owners place in the front window of the mobile
home to evidence the mobile is real property.
In instances where the owner obtains a loan from a lender, lender will secure the loan with a
mortgage on the land, a lien on the mobile home title(s) and a pledge of the share.
Purchase a mobile home condominium unit.
Mobile home condominiums are governed by The Condominium Act, Chapter 718 Fla. Stat. The
association may or may not issue shares. Unlike a cooperative, the land in the condominium is
platted and thus condominium owners own the lot under the mobile in fee simple. As with a
cooperative unit, the mobile home title(s) must be transferred at the DHSMV, with the DHSMV
treating the mobile home as real property and issuing the black “RP” sticker(s). In instances where
the owner obtains a loan from a lender, lender will secure the loan with a mortgage on the land, a
lien on the mobile home title(s) and a pledge of the share, if applicable.
Purchase a fee simple lot with a mobile home on it.
If a person purchases a lot in fee simple with a mobile home on it, ownership of the land will be by
deed, while ownership of the mobile home will be transferred through the DHSMV. The DHSMV
will treat the mobile home as real property and will issue black “RP” sticker(s). In instances where
the owner obtains a loan from a lender, lender will secure the loan with a mortgage on the land and
a lien on the mobile home title(s).
Purchase a cooperative, condominium or fee simple lot with a mobile home on it, the title(s)
of which has/have been “retired” pursuant to §319.261 Fla. Stat.
If a person purchases a cooperative, condominium or fee simple lot with a mobile home on it, the
mobile home title(s) may be “retired.” If the title(s) has/have been retired, then any future transfer
of the mobile home and real property will be by deed only. Once “retired”, it is unnecessary to
transfer the mobile home title(s) at the DHSMV. As to loans, lender security consists of mortgages.
The DHSMV will not recognize the mobile home as a separate security interest and will not allow
lenders to place liens on the mobile home title(s).
Basic Mobile Home Certificate of Title Transfer.
The transfer of mobile home titles at the DHSMV is basically the same as transferring car titles.
Upon purchasing a mobile home on a rental lot, the purchaser takes the original mobile home title(s)
6. signed by the seller along with the Bill of Sale from the seller to the DHSMV for transfer. The
transferee will need to pay for the new title(s), sales tax and any registration fees.
For transfers of mobile homes that are real property, the purchaser takes the original mobile home
title(s) and a copy of the recorded “muniment of title” (i.e. deed, Assignment of Lease, Order of
Summary Administration) evidencing that the mobile home is to be taxed as real property to the
DHSMV for transfer. In this instance, the purchaser pays for the new title(s) and “RP” Sticker(s)
only as there are no sales taxes nor registration fees.
In cases where a third party is handling the transfer for seller and purchaser, the DHSMV accepts
Powers of Attorney and provides the form for the same. The seller and buyer each need their own
individual POA, and there needs to be one for each party for each side of the mobile home. So, if the
mobile home is a double-wide, you need two POAs for seller, and two for buyer. The POA form
does not require that the seller or purchaser signatures be notarized. However, the third party does
have to produce copies of valid government issued identifications for the sellers and buyers.
Examples of accepted identifications are driver’s licenses, State issued non-driver identification
cards and passports.
Searching the DHSMV Database.
Florida MVR Service, Inc. www.flmvr.com is an inexpensive search tool for DHSMV titles if you
know either the Vehicle Identification Number or Title Number. The company charges $1.50 per
search and provides virtually instantaneous results. The FLMVR reports provide you with all
identifying numbers to the mobile home, the name, address, birth date and driver’s license number
for each owner, the last date of transfer, the status of any liens and the use designation for the mobile
home (general property or real property).
Practical Tip: In some instances you may have the Vehicle Identification Number and/or
Title Number for the mobile, but are unable to find a record of the title in the DHSMV’s
system. If this is the case, the title may be stored in the DHSMV’s prior database and a
search of the database by a DHSMV employee is required.
If you do not have any identifying numbers to the mobile home, you will need to conduct a more
extensive search. Our office uses LexisNexis Accurint www.accurint.com for these searches.
Accurint allows you to run motor vehicle asset searches through its system by the owner’s name,
social securitynumber, address or driver’s license number. The searches currentlyrun around $6.00
per search. However, as the information on the website may not be as up-to-date as that in the
FLMVR registry, once you have identified the mobile home it is good practice to run a subsequent
search of the FLMVR website to verify the current status of ownership.
Common Problems.
The DHSMV has several useful resources on its website at www.flhsmv.gov. On the home page, if
you click on Motor Vehicles, Tags & Titles, there are Simple Wizards for obtaining duplicate titles,
7. obtaining title when the title owner is deceased and obtaining Florida titles in general. With a series
of questions, the Simple Wizards guide you through the various processes based on your individual
circumstances.
Also on the website under Resource Center are the DHSMV forms, which can be filled out on line,
printed and then taken to the DHSMV.
In addition, the DHSMV Procedures Manual is also on the DHSMV’s website. On the home page,
click on Motor Vehicles, Tags & Titles, then Motor Vehicle Home, then Manuals and Guides and
then DMV Procedures Manual.
Practical Tip: If you still need assistance determining how to resolve a title problem, call the
DHSMV directly. The DHSMV personnel are generally knowledgeable and helpful.
However, be aware that attorneys may have better luck getting information out of the
DHSMV personnel than non-attorneys.
The following problems apply to mobile homes originally registered in Florida only. When dealing
with a mobile home previously titled out-of-state, refer to the Manual for specific instructions.
Mobile Home Title Missing - Procedure TL-05
Mobile home titles may be missing for various reasons. If a mobile home owner obtained a loan
secured by a lien on the mobile home, then most likely the lender has the original title or the
DHSMV issued an electronic title.
Of course, a mobile home title may be missing because the mobile home owner misplaced or
destroyed the paper title. In this instance, the DHSMV will issue a duplicate title. Persons requesting
a duplicate title need to fill out an Application for Duplicate or Lost in Transit/Reassignment for a
Motor Vehicle, Mobile Home or Vessel Title Certificate (form HSMV 82101) and pay a fee for the
duplicate title. The duplicate title voids the original title, so the DHSMV will not accept the original
title for transfer once a duplicate has been issued.
Mobile Home Unidentifiable
Sometimes a mobile home cannot be identified. This can happen in instances when the Vehicle
Identification Number is not locatable, missing or scratched off. If the mobile cannot be identified,
the Division of Motorist Services Bureau of Motorist Services Support has inspectors who will go
to the unit and attempt to identify the unit for free (813-612-7111). In order to do this, generally the
inspector needs access to the inside of the unit.
Liens Paid Off But Not Released - Procedure TL-33
When a lien is over 5 years old, has been paid in full and the lienholder can or cannot be located to
satisfy the recorded lien, the DHSMV provides for an alternate method for removing the lien.
8. The mobile home owner starts by sending a letter to the lienholder by certified mail asking for a lien
satisfaction. The letter must be mailed not less than 20 days prior to the date of application.
If the lienholder returns an original, signed satisfaction, then the mobile home owner submits the
satisfaction to the DHSMV for lien removal.
If the lienholder does not send a satisfaction, then the mobile home owner must submit proof of
mailing (either the original, unopened certified envelope or the original returned receipt card for the
certified mail signed by the lienholder, along with the paid receipt for the certified mail and
photocopy of the letter that was sent), along with a copy of the lien contract showing the scheduled
payoff date to the DHSMV. Note that the payoff date cannot be after the application date.
Problems that Must be Resolved through the Court System.
Unfortunately, not all mobile home title issues can be resolved through the DHSMV. In the above
example, the DHSMV requires that the mobile home owner provide the DHSMV with a copy of the
lien contract before it will release the lien. If the mobile home owner cannot provide a copy of the
lien contract, then the mobile home owner must obtain a Court Order ordering the DHSMV to
remove the lien. Sometimes this only involves a few extra steps. For instance, in cases where a
landlord has evicted a tenant and taken title back at an abandonment sale, the landlord can file a
motion in the eviction case to order the DHSMV to remove the lien. However, when there is not
already a case open, the aggrieved party will likely need to file a Petition for DeclaratoryJudgment.
The circuit and county courts have jurisdiction within their respective jurisdictional amounts to
declare rights, status, and other equitable or legal relations whether or not further relief is or could
be claimed. §86.011 Fla. Stat.
In order to invoke jurisdiction under the Declaratory Judgment Act in the 2nd
DCA, the complaint
must show:
1. that there is a bona fide, actual, present and practical need for the declaration;
2. that the declaration will deal with present, ascertained or ascertainable state of facts,
or present controversy as to a state of facts;
3. that some immunity, power, privilege or right is dependent upon facts or law
applicable to facts;
4. that there is some person or persons who have, or reasonably may have, an actual,
present, adverse and antagonist interest in the subject matter, either in fact or law;
and
5. that the antagonistic and adverse interests are all before the court; and that the relief
sought is not merely the giving of legal advice by the courts or the answers to
questions propounded from curiosity. City of Sarasota v. Mikos, 613 So.2d 566, 567
(Fla. 2d DCA 1993).
The test of the sufficiency of a complaint for declaratory action is not whether the complaint shows
that plaintiff will succeed in getting a declaration of right in accordance with his theory and
9. contention, but whether he is entitled to a declaration of rights at all. The possibility that the court
will rule adversely to the plaintiff on the merits does not preclude the right to a declaratory decree.
Id.
As a practical matter, problems can arise in proving the facts necessary to support a Petition for
Declaratory Judgment. As an example, a common problem occurs when a buyer/tenant enters into
a rent-to-own agreement with a mobile home park owner who has an open title from the actual
mobile home owner, and after the buyer/tenant has made all the payments, he or she discovers that
the original mobile home title is missing and the owner is not locatable.
In this example, before the Court will consider entering an Order Directing the Department of
Highway Safety and Motor Vehicles to Issue a Certificate of Title, the petitioner will likely need to
file the following evidence in conjunction with his or her Complaint:
1. Affidavit of Diligent Search for the former owner. The following is a list of actions the court
may find are reasonable for the petitioner to take before filing a sworn statement that he or
she made a diligent search and inquiry:
• Ask the U.S. Postmaster in the cities of the prior owner's previously known
residences for a forwarding address under the Freedom of Information Act.
• Search phone directories of the cities and towns of the prior owner's possible
residence.
• Search public real estate and business tax records of the tax collector’s office.
• Search public real estate records of the property appraiser’s office.
• Inquire of persons in the neighborhood where the prior owner formally lived.
• Contact the last known employer of prior owner.
• Inquire of regulatory agencies including licensing agencies.
• Contact prior owner's relatives.
• Search the Social Security Death Index to determine whether the prior owner may
have passed away.
• Inquire of law enforcement agencies at the last known residential area of prior owner
including highway patrol, state police, and the department of corrections.
• Use services of private investigation agencies or similar "skip tracing" services.
• Search the Internet.
• Search the DHSMV records for the prior owner’s address. To do so, complete form
HSMV 85054 – Driver License, Motor Vehicle/Vessel Records Request. Use
exemption number five stating the record will be used in connection with a civil
proceeding for investigation by any person in connection with any filed proceeding.
The petitioner must follow through on all leads that he or she discovers in making the
search.
2. Copies of the bill of sale, canceled checks, letter, memorandum or some means of proving
rights to ownership.
3. If the former owner has moved from the area without leaving a forwarding address, a copy
10. of a letter sent to the former owner’s last known address via certified mail, return receipt
requested requesting the title. To prevent anyone other than the owner from signing for
delivery of the letter, the sender should also indicate that the letter be sent by “restricted
delivery”. Finally, if the letter is returned unopened, hold the unopened letter in the file. The
DHSMV may require you produce the unopened letter at the time of application for
Certificate of Title.
4. An Affidavit for Vehicle Title Application.
Additional problems can arise regarding service of process. For instance, in cases where there is an
open title, the original Certificate of Title is missing, the unit owners are deceased and the heirs have
not probated the estate, the petitioner may need to hire a Guardian Ad Litem to locate and represent
the heirs.
Finally, it is imperative that the petitioner draft the proposed final order so that it identifies the
mobile home by year, make and vehicle identification number and so that it contains a clear
statement that directs the DHSMV to act. If there are any questions as to what it is the DHSMV is
to do, the DHSMV may reject the order.
Casualty Damage - Is a Tenant Obligated to Pay Rent to the Landlord Post-Disaster?
For persons who rent both the mobile home and the lot, per §83.63 Fla. Stat. if the premises are
damaged or destroyed other than bythe wrongful or negligent acts of the tenant so that the enjoyment
of the premises is substantially impaired, the tenant may terminate the rental agreement and
immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable
by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value
of that part of the premises damaged or destroyed.
However, The Florida Mobile Home Act does not contain a similar provision for mobile home
owners who rent their lots. If neither the prospectus nor rental agreement contain language
addressing rent payment after a casualty, then arguably in the instance of a total loss caused by a
casualty,atenant’srecoursewouldbeterminationoftheleaseundertheprospectus,rentalagreement
or statute.
11. WEBSITES AND CONTACTS
Florida MVR Services, Inc. www.flmvr.com
To search for a mobile home title when in possession of the vehicle identification number, title
number or tag number.
Lexis Nexis Accurint www.accurint.com
To search for a mobile home title when in possession the owner’s name, social security number,
address or driver’s license number.
Division of Motorist Services Bureau of Motorist Services Support (813)-612-7111
To request that an inspector go to the unit and attempt to identify the unit.
Department of Highway Safety and Motor Vehicles
Hillsborough (813) 635-5200
Pasco Dade City (352) 521-4360
Land-O-Lakes (813) 235-6020
New Port Richey (727) 847-8165
Wesley Chapel (813) 235-6020
Pinellas (727) 464-7777