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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My mother passed away in MO & has a reverse mortgage. How long do we have to sell the home & pay back the loan balance?

MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 25, 2022

The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I take my ex wife back to court to get my name taken off the mortgage?

My divorce was final in April last year and my ex refuses to see if she would qualify fopr a loan assumption even though I am willing to pay for it. SInce I had to sign the deed over to her, I want my name off the mortgage so my debt to income ratio will come down. Can I take her back to court to... View More

Anthony M. Avery
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answered on Jan 31, 2024

Read your Court Decree. If the mortgage is not addressed then you have no leverage to force her to refinance. If you deeded it to her then you own nothing and have no right to a partition sale. However you are still obligated on the note.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you get a judgement removed from property that was received via beneficiary deed?

My father in law’s house was left to my wife and her two siblings in a beneficiary deed. Her brother had a judgement that attached to the house and we have bought out their interest. Is there anything we can do to remove the lien without him paying the judgment? It’s 16 years old so I’m... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2023

Maybe. Hire an attorney to review the docket to determine whether the judgment has been revived.

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

1 Answer | Asked in Real Estate Law for Missouri on
Q: Just because I didn't record my contract for deed in Missouri does that mean it is not valid
Anthony M. Avery
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answered on Dec 5, 2023

It does not make it invalid, but it is still only a lease with option to purchase. It is not a deed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a landlord change the dates of a breach of lease letter
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

Without knowing more, it’s hard to answer your question. For example, does the lease even require a letter advising of a breach as a precondition for filing suit.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I will my house to my children and the mortgage is not paid off and my children are unemployed what happens?

Can they assume the mortgage if they find a way to make the payments?

Anthony M. Avery
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answered on Nov 27, 2023

If the note is not paid, foreclosure will occur. Most mortgages/deeds of trust contain due on sale clauses which prevent a transfer without the lender's consent. Children will need to request to be on the note and also pay taxes/insurance. With a will, probate will be necessary.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We have acreage in Wayne County, Missouri - there are 3 siblings who need it divided up - my question is what has to hap

happen if one of the siblings will not agree to divide it up or pick their part? We are all elderly and need this taken care of quickly. Thank you

Anthony M. Avery
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answered on Nov 27, 2023

A Sale For Partition action will need to be filed. Hire a competent MO attorney.

1 Answer | Asked in Insurance Bad Faith, Contracts and Real Estate Law for Missouri on
Q: Hello i am in Missouri and im looking for a lawyer to go after my home owners insurance for acting in bad faith

and breach of contract i had a lawyer but they say now they don't have the manpower to go to court so i need a lawyer that will

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Re: Tenant rights in St. Louis. Can a landlord refuse to give you a one year lease forcing mo-mo tenancy?

Our building changed owners in June. The new owner has refused to provide a new one year lease, keeping us on mo-mo tenancy. Is this legal? It's uncomfortable knowing he can kick us out with 30 days notice. He has done some work in the building and now the unit type we moved into 18 months... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2023

I suggest you hire a local attorney to review the prior lease and see how if affects the situation. In general, a landlord is not required to renew a lease, but it's unclear from your post whether the prior lease expired.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a builder to cut across our property line to build a driveway?

He is trying to build a driveway through our property across our property line and part of our driveway Then he claims we have to move a shed 6 feet back from his property line we live out side city limits he is being a real jerk. I read the shed only has to be 2 feet from the side of the property... View More

Anthony M. Avery
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answered on Aug 7, 2023

Hire a competent MO attorney now to file suit for a Boundary Dispute, Restraining Order, and damages. Both titles must be searched and you will need a Surveyor to testify to the boundary.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Do ALL property rights pass on to children as heirs if no deed was established prior to death?

Four years ago my grandfather died, without a will, and several family members and I became co-owners of land after probate court, including my uncle. Before anything was deeded, my uncle also passed away last year. My question: Does his share of ownership, as determined in probate court, pass on... View More

Anthony M. Avery
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answered on Aug 2, 2023

Hire a MO attorney to determine heirship. Then execute and record an Affidavit of Heirship as a source of title for the tenants in common. Remember someone has to pay taxes, insurance or a note.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Neighbor refusing to pay HOA fees
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 30, 2023

You didn’t ask a question. The HOA can sue the neighbor for not paying the fees.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: In Missouri: We gave an investment company $30,000 to invest in real estate. We have no idea where our money went.

We were given no documentation, no updates. My spouse was told he was a "partner" but then fired. We requested the investment back and we have nothing. Is this lawful? Do we have a case?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 28, 2023

You need to have a consultation witn an attorney. There is a lot to discuss. The specifics of the agreement. Whether the investment was an unregistered security. Whether there investment was wiht an individual or business. Whether a judgment would be collectible. Too much money is at issue... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: Condo association fee question

We were just hit with a HEFTY condo association fee. We need to pay 3k in less than a month, or we will be fined. They are charging 3k per unit to fix the roofs, that they haven’t fixed in years. On top of this, we already pay 200 a month. It seems unfair to ask for so much money so quickly.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

That is a lot of money, but you've not asked a legal question. Perhaps you can finance the assessment, assuming it was properly authorized.

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