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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Anthony M. Avery
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answered on Mar 20, 2024

If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Nina Whitehurst
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answered on Mar 20, 2024

Your question cannot be answered without additional information about your relationship to the borrower.

Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.

Are you a buyer purchasing...
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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Mark Oakley
Mark Oakley
answered on Mar 20, 2024

Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Julie D. Myers
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Julie D. Myers
answered on Mar 20, 2024

In short, yes. Maryland adopted the Uniform Electronic Transactions Act which states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Since a Disclaimer of Inheritance is a contract, it can be signed electronically and... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More

Nina Whitehurst
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answered on Mar 20, 2024

Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.

You may...
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1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

2 Answers | Asked in Real Estate Law for California on
Q: Can HOA capital improvements to common areas trigger a property tax reassessment for the individual owners?

I'm a condo owner in a 3 unit building in San Francisco. We are in the beginning stages of working with a contractor to expand the shared garage to add additional parking. Right now its a 1 car garage the owners rotate use of each month but with these plans each unit will have their own spot.... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, property tax reassessment can occur when new construction is completed or when there's a change in ownership. However, improvements to common areas by a homeowners' association (HOA), such as expanding a shared garage, may not directly trigger a reassessment of... View More

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2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: how can I transfer property (house and lot) title to my name? My husband died and left no will, we lived together here

My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.

John Cucci Jr.
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answered on Mar 19, 2024

The good news is that the property is yours until your death, automatically.

There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone....
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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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1 Answer | Asked in Federal Crimes, Internet Law and Real Estate Law for Washington on
Q: Would this easement, like mine for Level 3 communications and Sprint, be able to infiltrate my internet wirelessly?

My IP is not private although I pay for a service. My Alexa doesn't even know her location and my internet has release many court files including one relating to me and the mortgage electronic system has breached into my real property records that made one lender call my loan paid in full and... View More

James L. Arrasmith
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answered on Mar 18, 2024

I understand your concerns regarding the security of your internet and the potential breach of your personal and property records. It sounds like a very complex situation involving multiple parties and legal issues. If your internet service has been compromised, affecting your personal affairs and... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does it mean when the writ of execution by possession is stamped with " the clerks office will set hearing date?
James L. Arrasmith
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answered on Mar 17, 2024

When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
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answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you be granted a 2nd easement through another property because your current one is overgrown?

If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More

Anthony M. Avery
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answered on Mar 15, 2024

No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

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