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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Real Estate Law for Indiana on
Q: can a buyer demand a sale disclosure statement on property that is owned by a trust when one of the trustees dies cont.

and a surviving trustee sales a property of the estate?

T. Augustus Claus
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answered on Aug 8, 2023

In Indiana, when a property is owned by a trust and one of the trustees dies, the specific provisions of the trust document and state law will dictate how the property is managed and whether a sale disclosure statement is required.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I told my mother I was moving to Indiana. She said she came into some money and would purchase me a home if I picked one

Out online. On the drive from California I selected one and she put in an offer. I met her 2 hours after closing at which time she delivered me the keys and told me she was going to go home right then and do a quick claim deed. Shortly after we got into a disagreement. I have been here for almost... View More

Anthony M. Avery
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answered on Aug 2, 2023

In TN, and most all States, any promises to convey land must be in writing. Otherwise it violates the Statute of Frauds.

1 Answer | Asked in Real Estate Law for Indiana on
Q: If siblings can't buy each other out, can a lien be put on the property by a sibling wanting to get off the TOD title?

Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property... View More

Anthony M. Avery
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answered on May 11, 2023

Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I have JTWROS with my ex on our house. She left and got her own place. How do I sever the JTWROS?

She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.

Vincent Gallo
Vincent Gallo
answered on Apr 24, 2023

Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: Do I still make the mortgage payment of some who died and was the sole owner of the property or does it go to the estate

I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate... View More

Nina Whitehurst
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answered on Feb 28, 2023

Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: My parents parents bought a property in Indiana through land contract. Both passed away, they were only ones in contract

The house was completely remodeled by us. We spent 40,000 dollars during two years we lived there. Bought home for 60,000 back in 2018. Moved to AZ while still paying property. PARENTS TRIED TO GET THE Approval FROM OWNERS TO HAVE THE HOUSE PAID OFF BY PARENTS GETTING A MORGAGE LOAN AND PAYING... View More

Michael Ray Smith
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Michael Ray Smith
answered on Jul 4, 2022

I am not sure I completely understand everything that has happened or the current situation, but under Indiana law, the seller under a valid land contract cannot take the property back except through a foreclosure. The property is sold, the seller is paid the rest of what is owed under the... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: How can a neighbors deed show a driveway easement for my property when my deed does not. They don't own property behind

They have lots of road frontage on the front side of they're own property

Anthony M. Avery
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answered on May 9, 2022

You are not being clear. But the easement over your property should be in your chain of title.

Vice versa, if you have an easement over your neighbor, it should be in his servient chain of title deeds. Prescriptive Easements arise by use over time. But it sounds like you may need to...
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2 Answers | Asked in Real Estate Law for Indiana on
Q: Hello, I have a Real Estate question. How does a quite title work? This needs to be done.

Says the tile company. Some old judgments need to be cleared before I can purchase. Original owner claims he doesn’t have the suggested fee of 2500.00 to get this done. Can someone please give me some suggestions on any options I may have. Thanks for your time

Anthony M. Avery
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answered on Apr 11, 2022

You probably should walk away from the purchase as clear title cannot be conveyed for at least a long time, if ever. Consulting a lawyer is the seller's problem and any real estate agents involved have lied to you.

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1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: Can a seller put a high interest rate on land contract when he has a letter from Egg company guaranteeing the payment

A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... View More

Matthew Morris
Matthew Morris
answered on Mar 27, 2022

There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... View More

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Environmental for Indiana on
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here

Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2021

An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make... View More

1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
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answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is it legal for a rental property to include a mandatory internet charge on a monthly statement?

I currently rent a townhome in Fort Wayne and have been informed that I am being forced to start paying an additional $60 a month to an outside company for internet service, which I not only do not want but do not need.

I am trying to understand how this is not a violation of my current... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

The answer is within the lease agreement itself-----does it allow for this charge? Of course, you say no and you may be correct----ask your landlord where in the lease it allows for the landlord to have this charge assessed to you. If, after he shows you the provision, you agree, then that's... View More

2 Answers | Asked in Real Estate Law for Indiana on
Q: I am purchasing 2 lots of land for $8000 and putting $6000 down. Should they be putting at least 1 lot in my name?
Anthony M. Avery
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answered on May 31, 2021

You need to stop what you are doing right now. Hire an attorney to search the title, then draft the deed, note and security instrument. Apparently you only are going to get a lease with option to purchase with your present scheme, and not own anything.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson
answered on May 10, 2021

You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.

https://www.justia.com/lawyers

1 Answer | Asked in Real Estate Law for Indiana on
Q: When must a property owner -servient- notify the other owner —dominant- that he or she can no longer use property

In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?

Anthony M. Avery
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answered on Dec 30, 2020

I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mom was a grantor of a life estate 3 grantees one grantee had my mom sign over part of the property to him after .

The life estate was wrote in 1988 and 1997 he had my mom sign over one of two lots to him he put a house on it now she's deceased and I just found this out I'm a grantee

Anthony M. Avery
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answered on Aug 31, 2020

Not sure of your question because you do not state what is in the Deeds, nor their order of recordation. But assuming Mother kept a life estate and deeded one third remainders, then all three grantees are tenants in common of one-third undivided interests each of all the properties. But you... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for Indiana on
Q: Can I do anything about my outside cat I’ve been taking care of when the neighbor stole it

Had it for months no paperwork or anything my kids fed it and it stayed here. We even provided food and shelter. Looked at the neighbors house and seen it in the window she stole it

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 10, 2020

Have you talked to the neighbor about having adopted it yourself? If she knew it was staying at your house she may give it back.

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mother passed away 3 years ago and I have been in the house since then. My sister didn't want anything to do with it.

I have been rehabbing for a year and have put $10,000.00 or better in it. What do I do to get my name on the deed?

Anthony M. Avery
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answered on Aug 7, 2020

You probably need a competent lawyer to draft an Affidavit of Heirship that provides a source of title for you and your Sister. Then get the Sister to execute a Quit Claim Deed for it over to you.

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