Seeking Quiet Title for a piece of property I own in St. Maries, ID. Everything has been filed, accepted, processed, adjudicated upon & a Default Judgment has been granted..but it is incumbent upon me to file a 'Proposed Judgment of Quiet Title'. I can't find an example of such a... View More 
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answered on Nov 23, 2021
You will need a competent ID attorney to draft that proposed Order. Remember the Order is adjudicating Title to real property. It is permanent and must be perfect. And every cloud on titles is different. If you do it yourself, and probably mess up, it is another cloud on the title you are... View More
I did sign off the final inspection, even though my agent ( who was a dual agent) didn't tell me that the $ would be considered non refundable. The sale of my home was my money/financing for the new home. The buyers of my house backed out a day before closing.
So, my financing fell... View More
answered on Oct 29, 2021
What you need to do is look at each, signed contract. You need to examine what the contingency or contingencies were and the time and dates that the contingencies must be met or dropped or failed etc. That's what a lawyer will do for you. It is a complicated set of facts to figure out without... View More
I plan to refinance the home I owned prior to marriage to purchase some land with my mom. Would my spouse be entitled to half that property if he’s not involved in the purchase and we were to divorce?
answered on Oct 9, 2021
Your wife is entitled 1/4, as you have only 1/2 interest with your mother, so your wife is entitled 1/2 of your community interest.
I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... View More
answered on Sep 10, 2021
The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty... View More
I’m considering investing in a little property and I need to know if there is anything standing in my way. Thank you!
answered on Sep 2, 2021
I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show... View More
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... View More
answered on Jan 28, 2021
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... View More
I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.
My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... View More
answered on Jan 12, 2021
Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... View More
The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... View More
answered on Dec 29, 2020
Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... View More
Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... View More
answered on Nov 4, 2020
You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... View More
Her Son and daughter in law occupy the residents and have destroyed property and payments are over 10,000 past due.
answered on Oct 7, 2020
Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain,... View More
out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?
answered on Sep 10, 2020
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More
We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... View More
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answered on Sep 1, 2020
Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's... View More
let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... View More
answered on Aug 20, 2020
Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!
Or can one make them buy out their interest?
answered on Aug 13, 2020
The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate... View More
answered on Jul 21, 2020
Real estate contracts are by nature, writings. As such they are governed by a 5 yr. Statute of Limitations. These cannot be extended and are absolute bars after the date that you signed a contract.
Property management wants to charge $500 and the HOA fee states its $140 fee. I was directed to discuss the matter with the HOA but now the property management is trying to go off of the lease. Conflicting information and lack of communication between the two.
answered on Apr 28, 2020
The Property Managers have an agreement with the owners of the property. It appears as though the HOA agreement is dated and needs to be updated. However, you have an effective defense by pointing out the discrepancy to the Property Managers and I believe you would be successful in any litigation.
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... View More
answered on Apr 28, 2020
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... View More
answered on Mar 9, 2020
Seller leased the property to you on a one (1) year lease and now the seller has sold the property and you're wondering whether you have to move and what your rights are?
The new owner buys a piece of property subject to "conditions." One condition in his/her purchase of... View More
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