Question:  If a property forecloses and becomes owned by the bank, and it was occupied by a tenant, does the tenant still have to pay rent to the original owner, or does he wait to hear from the bank. In other words, is lease invalid at that point? And if the tenant wants to stay, can he negotiate with the bank? Is the tenant protected by law in any way?

Toby Says:  I assume you are talking about a single family residence. Generally speaking, the mortgage supersedes the lease. In other words, the lender can, and usually does, evict the tenant in order to sell the property. The tenant's recourse is against the foreclosed owner for breaking the lease. Since the owner was foreclosed, it would likely be difficult to collect any judgment.

Question:  How does one apply for jobs at the Target store?

Toby Says:  You can visit Target's Career website (click here). Target typically advertises a job fair prior to store openings. The opening is currently scheduled for July.

Question:  Have you heard any more rumors about the property in St. Johns County that Six Flags and/or Disney were looking at to purchase?

Toby Says:  One local commercial broker mentioned that something was going on up in lower St. Johns County. All I could verify was that a developer had floated a Development of Regional Impact (DRI) plan to St. Johns County (not a theme park). The anti development bias existing there was not conducive to approval. The land in question is located north of US1 and west of I95. The developer's name given me was Fletcher Management Group, however I was unable to Google this name successfully. I've heard nothing new about Disney or Six Flags.

Question:  With respect to the issue of portability, here is my situation:  I moved from S. Florida in Oct 2007 & rented out my home there.  I plan on purchasing a home in Palm Coast either this year or more likely, next year. I understand that the law allows up to 2 tax cycles to transfer the benefit. I had the homestead in 07, but will not in 08.  How will the transfer work, and do I have to apply by this March 3?

Toby Says:  To get the answer to this question, I turned to Jay Gardner, Flagler County Property Appraiser. Here is what he says. "You have two tax cycles from the last year of homestead on the original home. March 3rd is the last date to apply for Homestead in a new home for 2008. The owner would have been required to occupy this new home on January 1, 2008 to be eligible for homestead in 2008. If they moved in after January 1, they would apply for 2009 by March, 2009. It appears that this person would need to buy and occupy a home by January 1, 2009 and apply by March 1, 2009 for the exemption with portability." Jay is always willing to take the time to answer questions. You can reach him at (386) 313-4150.

Question:  Any idea when the PetSmart store will be coming/opening? I was just wondered if there is a target date. Soon I hope.

Toby Says:  I'm told that PetSmart and the other "big box" retailers will be opening along with Target in the July timeframe. Target originally planned to open in March but a management change sent them in another direction. Their new CEO wants to open at the same time as the other tenants in the plaza. That way they can cross promote grand openings and share job fairs.

Question:  Can you tell me more about the Grand Haven area called "The Estates"?  I've noticed a vacant lot with an asking price that seems to good to be true for a gated community.  It is a 48,000 SF lot listed at $129,000.  Address is 123 Willow Oaks.  The previous owner paid $177,000 per public records.  At approx. $2.68 per sqft, it seems under valued.      Has this area been abandoned by builders?

Toby Says:  "The Estates at Grand Haven" is also known as "Wild Oaks." The lot that you mention is owned by Weekley Homes LLC. This builder constructed nearly 100 homes in Palm Coast between 2004 and 2007. Only one permit was issued to them in 2007. The builder is not currently active in the area. However, there are actually some private homes being built in the Wild Oaks. There are also several builder models, both completed and under construction. As in The Conservatory, many buyers were investors planning to flip their property. The high carrying costs of private community lots (association fees) makes it more difficult to justify a long term hold strategy, so many are simply listing below cost. There has been only one sale in Wild Oaks in the past several months. 60 lots are currently listed on MLS, the least expensive being offered at $99,900. The original buyer paid $146,000.

Question:  If a buyer were to purchase new construction in a subdivision that is not built out and the developer/builder decides to pullout, what happens to the homeowners association and perhaps the buyers home which is not yet completed but has started coming out of the ground?

Toby Says:  This is a very complicated issued. The answer depends on the wording of the association documents, the contract between the buyer and the developer/builder, and Florida statutes. The only person who can legally help you sort out the likely mess is an attorney, preferably one that specializes in real estate law.

Question:  Supporting two homes, one in NY and one here in Palm Coast, does not allow me to become a member at some of the private and semi-private clubs around here but am an avid golfer and look forward to access to a reasonable commute public course.  I saw the latest communiqué (1/31/08) from the friends of golf.  Can you include me in any future distributions relative to the status of the Palm Harbor golf course?

Toby Says:  The best way to be sure you get the latest news is to become a member of GoToby.com. It's free. (click here to register)

Question:  When do they expect Kohl's Dept Store to start building and planned opening?

Toby Says:  Kohl's original plan was to have construction underway in order to open in time for the holidays. The permitting process has taken longer than expected, primarily because of delays from the Army Corp of Engineers. Kohl's however has been diligent in their efforts to move forward with no indication that they wish to delay the project. At this juncture, it's unlikely that the store will open before 2009.

Question:  For a retirement community, where is the senior housing that seniors can afford? Where is the housing for low income seniors? Where is safe low income housing for seniors?

Toby Says:  This is an excellent question. The following information was provided by the City of Palm Coast. I hope you find it useful.

Senior Housing options within Flagler County

Madison Green Apts. is the newest "Affordable Senior Housing" within

Flagler County. Other options are:

1. "The Villages" in Flagler Beach they are located behind Food Lion

Shopping Plaza.

2. There are about 6 apts. across from the Wickline Senior Center (801

S. Daytona Ave, FB) that are lower rental fees and seniors generally

reside. 

3. The option of subsidized housing - rental assistance is available

through Section 8 Housing and can be used on most any apartment after

qualifying (both the person and chosen housing). I believe this is

coordinated through SHIP Program in Bunnell 313-4012.   

Supportive Facilities:

1. Benton Village - 445-3500

2. Alterra Healthcare - 445-8728

3. Flagler Pines - 437-4168

4. Grand Oaks - 446-6060  

5. There are also a number of 5 person Assisted Living Homes within the

Community.

Information: Flagler County Senior Services #586-5185