Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: I live in Florida. My neighbor left her home to me in her will. How do I find the deed and have it put in my name?

1 Answer | Asked in Real Estate Law for Florida on Feb 25, 2015

Answered on Feb 27, 2015

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Robert Jason De Groot's answer
I would have to review all of the probate documents to answer your question, as well as the land records.

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Q: Is it my responsibility to have a beehive removed in my tree in the front yard?

1 Answer | Asked in Real Estate Law for Florida on Feb 26, 2015

Answered on Feb 27, 2015

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Robert Jason De Groot's answer
It is going to cost you well over 300 to go see an attorney and discuss this problem, and whether or not you have to get it corrected. The attorney will need to read the HOA bylaws and rules and regulations and all other relevant documents.

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Q: Refinancing and HUD1 shows only 1 borrower when there are 3 borrowers.

1 Answer | Asked in Real Estate Law for Florida on Feb 24, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
You know what? An attorney needs to have a full discussion with you regarding this in order to make any valid conclusions.

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Q: What is A/the legal document(s) that the Loan Servicer has to show to prove they have the loan?

1 Answer | Asked in Real Estate Law for Florida on Feb 25, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
It depends upon the facts, and you have not provided any. Usually there is a notice of transfer of servicing rights and they might even have the original loan. It depends upon the facts. They might have an endorsement in blank. It depends on the circumstances.

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Q: My Mom has a mortgage loan. If I/son pay it off, could she transfer the house (title?) to me? if yes what's the process?

1 Answer | Asked in Real Estate Law for California on Feb 25, 2015

Answered on Feb 25, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your suggestion should work. Also, if the mortgage is assumable, you may be able to assume the loan and receive the property's title. Be sure to consult your own attorney to protect your legal rights.

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Q: How long does an escrow company have to return my deposit when I have decided not to purchase the property?

1 Answer | Asked in Real Estate Law for California on Feb 21, 2015

Answered on Feb 23, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The escrow holder is a neutral third party--it will not judge which party (buyer or seller) is right. If both parties sign papers authorizing the escrow to be cancelled and deposits be refunded to buyer (you), then the process will be fairly quick. Otherwise, it can take much longer and, in extreme cases, the parties may need to resort to legal and equitable relief. I suggest...

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Q: In an easement that grants my husband and I, our heirs, and our "assigns" to travel over a private drive to get to our

1 Answer | Asked in Real Estate Law for Ohio on Feb 19, 2015

Answered on Feb 22, 2015

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Matthew Williams' answer
Assigns are people you assign your property rights to. For example, if you were to sell your property, the purchaser would be your "assign" and get the benefit of the easement along with the property.

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Q: We have two condos that are now one. Board approved the build. We want to sell as one unit. What are the legal steps?

1 Answer | Asked in Real Estate Law for Georgia on Feb 10, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
You need to get a new survey, a new address for the one unit, get final board approval for the sale, and make sure that the deed now shows the units as one. Then sell the house.

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Q: I have been served with an injunction that states I am encroaching on my neighbors property.

1 Answer | Asked in Real Estate Law for Georgia on Feb 10, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
Answer the injunction and state your claim, and get a survey! Was the encroachment before or after the sale? If you are allegedly encroaching now and you disagree, then get a survey. You should have gotten a survey before closing and that would have shown any existing encroachments. You can try to bring the agent in along with the seller's disclosure statement, but beware of language that states that they are not aware of any encroachments based on a visual vs. an actual survey.

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Q: If the seller and buyer closed on a property and did not pay their real estate broker what action should be taken ag

1 Answer | Asked in Real Estate Law for Georgia on Feb 10, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
Depending on who owes the broker under the terms of the contract (i.e. the seller, the buyer or both), then you need to pay or you will be in breach of contract. I am going to make a guess here....did the buyer and the seller find the property and negotiate the deal without the help of the broker? If this is true, then talk to the broker and see if you can't work something out and also read the contract with the broker carefully to see where it speaks to this type of issue.

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Q: Once I have Quit Claim Deed filed , do I have to advise mortgage comapny before I sell.

1 Answer | Asked in Real Estate Law for Georgia on Feb 15, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
First, if you notify the mortgage company that you have a quit claim deed, then, under the terms of the mortgage, the mortgage may become due in full so unless you plan on using that deed, it is best to put it in a safe place for now. You will only be able to remove your husband's name from the mortgage if you qualify. Otherwise, his name remains on the mortgage. It is not necessary that he give you the house to sell it. He can simply give you power of attorney to effectuate the sale of the...

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Q: Can a developer force me to sell my home?

2 Answers | Asked in Real Estate Law for Georgia on Feb 13, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
There has to be a conversion on the part of all, or some, of the units, specifically yours, to condominiums or townhouses or co-ops of the like to authorize a sale. Yes, if this happens and you don't want to buy, then your unit can be sold so long as they give you proper notice which they probably will. You can't hold onto your place just because you are a renter. If the building converts to units that are for sale, then you need to buy or find another place to live. It happens all the time...

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Q: Once I have a Quit Claim deed in Georgia, can I sell my home

1 Answer | Asked in Real Estate Law for Georgia on Feb 15, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
No, no and no. The mortgage company owes the house. Unless you can refinance the house in your name, then you both own it and it can not be sold without both of you agreeing the sale. Your husband can name you power of attorney to sell the house but you better be sure you get more for the house than in owed on the mortgage or you both are going to have to pay out of pocket at closing when you sell the house. A Quit Claim Deed is dangerous because under some loan agreements if someone signs...

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Q: My husband bought a house in Georgia in '97 in his name only. He borrowed $$ on the property in '07. He died in '12 and

1 Answer | Asked in Real Estate Law for Georgia on Feb 16, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
This is too complicated to be answered in this forum without looking at all the documents. First, there is no adverse possession until 20 years so I don't know where that is coming from. It sounds like he took out a loan on the property in 2007 and the lenders want to be paid. You need to find out how much they are entitled to (legitimately), how much the house is worth, and then you need to try and hire a private attorney to work this out if you want to keep the house. Without more...

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Q: Do we have any recourse against seller/seller's agent for septic problems since they listed property as city sewer?

1 Answer | Asked in Real Estate Law for Georgia on Feb 16, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
Yes, you can sue the seller and tell them to take the property back under specific performance and you can also ask that they pay for the damages you incurred. You must look at the seller's disclosure carefully to make sure that they didn't disclose this information. You may also have some recourse against your agent as well.

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Q: If a seller backs out of a sale for personal reasons, what legal rights do I have?

2 Answers | Asked in Real Estate Law for Georgia on Feb 16, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
Read the contract. You have the right to keep the earnest money. You also have the right to sue for specific performance which means that you can force the seller to buy your property. If you have incurred damages outside of the earnest money and the contract allows you do so, then you can also sue for breach of contract and attempt to collect any damages you have incurred as a result of the seller's breach. If you want the house, get an attorney and sue for specific performance and make...

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Q: I have an easement problem

1 Answer | Asked in Real Estate Law for Georgia on Feb 16, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
You must first go to your deed to determine how much of an easement the other party has over your property. You can also check the county records. If they are widening the driveway past was is the prescribed easement then you must go the court immediately and stop them with an injunction. You can do this yourself, but you are best to seek the assistance of legal counsel. Whatever you do, don't wait. If they build that driveway and you say nothing, then the longer you wait the harder is...

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Q: A large limb fell from my neighbor's tree into my yard. Who is liable for the cleanup?

1 Answer | Asked in Real Estate Law for Georgia on Feb 17, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
Your neighbor ~ his/her insurance company will most likely pay for it so get the information for his/her homeowners policy and file a claim.

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Q: My father wants to buy a piece of land and put it in my name. Will this raise questions at closing?

1 Answer | Asked in Real Estate Law for Georgia on Feb 19, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
If you father is buying a piece of land and he can not be at the closing himself, then he needs to designate someone to be his power of attorney on his behalf. He can give the property to whomever he wants so long as he is buying the property out right without a mortgage, but there must be some documentation that proves that this is his wish and exactly who is to be named as the owner of the property.

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Q: A family member passed away recently. There is a signed purchase agreement with a closing date in June 2015.

1 Answer | Asked in Real Estate Law for Florida on Feb 19, 2015

Answered on Feb 20, 2015

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Robert Jason De Groot's answer
More facts are needed to answer this question fully. Someone needs to go see an attorney about this. A probate should be filed.

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