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1 Answer | Asked in Contracts and Real Estate Law for Maine on

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Fred Bopp III answered on Aug 22, 2019

Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?

Gregory L Abbott answered on Aug 22, 2019

I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by... Read more »

1 Answer | Asked in Estate Planning for California on

Q: Can a revocable trust be changed three times?

My husband and I are trustees of a revocable trust. The owner of the trust has changed it three times, has had one trustee in 2003, had a falling out with that one, got another one in 2010 had a falling out with that one and now has my husband and I since 2017. Each time she gets a new trust at a... Read more »

James Edward Berge answered on Aug 22, 2019

If she makes a change to a trust and expects it to have a binding effect on the trustee, she must inform the trustee of the change and the trustee needs to sign off on the change.

If she makes a change to a trust which changes the trustee, no notice is required to make the change, but once...
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1 Answer | Asked in Landlord - Tenant for Oregon on

Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

Gregory L Abbott answered on Aug 22, 2019

It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on

Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

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