Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: My mom put $4100 down on a For Sale By Owner Property (based on a verbal contigency to sell her home first in 90 days).

1 Answer | Asked in Real Estate Law for Arizona on Dec 30, 2013

Answered on Sep 18, 2014

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Adam Martinez's answer
Generally, if a person is entitled to a refund of funds based on a unfulfilled sale or contingency, and the person owing the funds will not voluntarily return the funds, the person entitled to the funds may need to file a lawsuit against the person owing the funds. In some cases, a legal demand letter may cause the person to voluntarily return the funds.

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Q: What is needed to claim lawful interest in property that has been seized. The lien is mine they are still owing me

1 Answer | Asked in Real Estate Law for Arizona on Jul 18, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
An secured creditor's interest in real property subject to seizure may be exempt. A secured creditor may usually file a claim to protect its interest with the Court conducting the proceedings.

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Q: In AZ when a buyer purchases property "as is". Is it really '"as is"? They still have the opportunity to have an

1 Answer | Asked in Real Estate Law for Arizona on Aug 18, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
It depends on the terms of the contract. Generally, however, most contracts in Arizona provide that even where a sale is "as is" the buyer is still entitled to conduct inspections and ask the seller to make repairs, even though the seller need not make any repairs, and may still cancel the contract without penalty during the inspection period. Additionally, even where a sale is designated "as is" the seller is usually obligated to maintain the property in the same condition until the close of...

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Q: Hello, my ex-boyfriend paid cash for a condo in Arizona. He put 90% in his name and 10% in my name.

1 Answer | Asked in Real Estate Law for Arizona on Aug 31, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
In Arizona, absent an agreement to the contrary, where two owners of real property cannot agree on how to use the property, either of the owners may obtain a court order requiring that the property be sold and that any proceeds be divided among the owners according to their respective interests. As a practical matter, a divided interest is difficult to sell on the open market because buyers do not want to own property with another person.

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Q: Our buyers decided to walk after loan was approved and going to docs. Do we have any kind of legal right to sue.

1 Answer | Asked in Real Estate Law for Arizona on Sep 12, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
Generally, most Arizona real estate contracts state that a buyer's failure to close escrow after loan approval can be a breach of the contract. A seller in this situation usually is entitled to retain the buyer's earnest money deposit or pursue the buyer for its actual damages. A buyer is probably not liable for damages arising from the seller's inability to close on the seller's new home.

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Q: If I suspect forgery on 2 seperate transfer of land actions that occurred in 1988, is it too late to take legal action?

1 Answer | Asked in Real Estate Law for Arizona on Sep 17, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
A forged deed does not transfer title. Additionally, a deed in Arizona is required to be notarized.

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Q: Can I re-finance my home if someone has filed a property lien against it?

1 Answer | Asked in Real Estate Law for Alabama on Sep 11, 2014

Answered on Sep 11, 2014

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Mr. James Parrish Coleman's answer
The lien will have to be satisfied or otherwise dealt with. The lender will decide, but will require that the new note on the house will come before any liens.

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Q: In state of Md if mortgage company failed to transfer the note/ deed to new owner are they still legal owner?

1 Answer | Asked in Real Estate Law for Maryland on Aug 5, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
Notes are not recorded. And the originals are often endorsed "in blank." Maryland law has changed much over the last three years, mostly to protect the rights of a party to foreclose if they have possession of the note, and authority to act for the owner of the loan. That is as specific an answer as you can expect without someone reading through all of your documents and correspondence on the subject.

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Q: Can I do a adverse possession in Maryland the house has been empty for 2 years and there has been no foreclosure.

1 Answer | Asked in Real Estate Law for Maryland on Aug 3, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
No. An empty house is not available for adverse possession unless you satisfy all the other requisites for this cause of action. And if you want to see some interesting articles, google the subject in California. You will read about several folks who went to jail for taking vacants by adverse possession based upon fudged affidavits.

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Q: Is their recourse for a property that went under contract without knowing there was a second lien on it?

1 Answer | Asked in Real Estate Law for Maryland on Aug 14, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
It depends on what the contract says. If it is a standard MAR contract, you have the rights to cancel if good title cannot be passed, as in this case. Alternately, if the seller will set aside sufficient money from the settlement funds to clear the lien, you might still have settled. Your settlement attorney should be advising you on this stuff.

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Q: If I have maintained a common property that adjoins my private property can I claim ownership?

1 Answer | Asked in Real Estate Law for Maryland on Aug 26, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
You might have a claim for adverse possession, or for abandonment. We recently litigated this issue where an undeveloped road ran right to our client's front steps. A neighbor claimed rights to drive on the lawn, and off to court we went. 10 months later, we had a written agreement about ownership and rights to use the existing road, not the road running over the lawn. But this is not an easy area of law. The answer to your question requires that someone review all of the title documents,...

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Q: No resale certificate provided

1 Answer | Asked in Real Estate Law for Maryland on Aug 30, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
Your realtor is wrong. The failure to deliver HOA documents at the time of contracting would have given you a basis to cancel the contract of sale. But is sounds like you closed the deal and moved in. If the HOA is properly constituted in the Land Records, and your property is within the HOA regime, you are a member. But rather than guess, take your documents to a lawyer for review and consultation. Don't lose your home, or acquire needless liens for being stubborn! Learn your rights and...

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Q: Am I obligated to use the same realtor when we make another offer after a couple of weeks on the same property?

1 Answer | Asked in Real Estate Law for Ohio on Aug 22, 2014

Answered on Aug 22, 2014

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Charles Snyderman's answer
No you're not obligated. However, the first realtor could claim that he or she was the procuring cause of the sale, and file suit against the seller for part of the commission.

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Q: I made a contract with a builder to buy a house after 1 year the house is not done, what can I do?

1 Answer | Asked in Real Estate Law for California on Aug 22, 2014

Answered on Aug 22, 2014

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Charles Snyderman's answer
The answers to your questions depend on what your agreement of sale says. Schedule an appointment with an attorney in your area, and take the contract with you to the lawyer's office.

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Q: My ex husband refinanced a loan and took my name off of it & off of title. How do I get my name off of deed of trust?

1 Answer | Asked in Real Estate Law for Nebraska on Aug 22, 2014

Answered on Aug 22, 2014

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Charles Snyderman's answer
This doesn't make sense. If your ex really refinanced, the deed of trust with your name on it would have been paid in full and the mortgage would have been satisfied. In addition, on a foreclosure, the lender usually goes after the property, and you would not have any liability. The deed of trust creates a lien on the property. It does not obligate you to pay. Only the note obligates you to pay back a loan.

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Q: My husband, my brother, and I are living in my moms house but she passed away.

1 Answer | Asked in Real Estate Law for Indiana on Aug 6, 2014

Answered on Aug 7, 2014

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Charles Snyderman's answer
I am not an Indiana attorney, but I am not aware of any state that requires you to change the Deed. One question, however, is how did you acquire title. Was there a Will?

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Q: Is there anything we can do if we paid for a property and were never given a deed?

1 Answer | Asked in Real Estate Law for Ohio on Aug 6, 2014

Answered on Aug 7, 2014

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Charles Snyderman's answer
Send her a letter telling her that if she does not provide you with the Deed in 10 days, you will refer the matter to an attorney. Be sure to hire an attorney if you do not receive the deed.

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Q: Can't agree on offer

1 Answer | Asked in Real Estate Law for Virginia on Jul 28, 2014

Answered on Aug 2, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
You may have some options, but they may not be good options. There is a court action whereby you can attempt to split the property into tow parcels. If you are taking care of the upkeep, you may have a claim against the tenant in common for the cost and labor you put in to the upkeep. These can be used as persuasion for a reasonable sale.

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Q: If I have paid the taxes, Insurance and maintained the property of my parents for the last 30 years do I have any rights

1 Answer | Asked in Real Estate Law for Alabama on Aug 1, 2014

Answered on Aug 2, 2014

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William E. Scully Jr.'s answer
No, it's not that easy. There are limited circumstances where paying the taxes can get you title by adverse possession, but there are a lot of additional conditions that must be met before you can get title in this way. Sounds like your folks are still living in the house. If so, it's pretty much impossible for you to get title by adverse possession since you aren't actually in possession...they are! If your parents want to leave the property to you they can do so in their wills.

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