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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long do you have to own property in Tennessee before you can get a home equity loan?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

There is no legal requirement for a length of home ownership. Different Lenders have various time in place requirements, but sometime 2nd priority Deeds of Trust are given at closing, that is with no history of ownership. Ask your prospective Lender its rules.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My fiance sold his inherited land . In the contract it states that the buyer is to have him fully paid within 60 days. T

The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: There are 7 heirs for an estate, it's already been probated and all heirs get 1/7 of land each, so one of the heirs

Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)

Can she get in trouble for that or fined?

She didn't come to the family to ask permission to do this.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
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Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Real Estate Law for Texas on
Q: My Mother passed away with no Will. She and my Dad were both on the mortgage for their home. My Dad is selling the home.

Realtor said my siblings and I are considered having ownership in the home so all must sign to sell the house. Is this correct? If so, does that mean we also have to pay tax on the sale? We are not receiving the proceeds, only my Dad.

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

When your mom died without a will, part of her estate including the home passed to you and your siblings.

In the current market, you {may} have to pay capital gains tax on your share of a portion of the proceeds. You do not have to pay capital gains tax on the value of the home as of the...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: In the state of Maryland do I need to be informed if there was previously a meth lab on the property I just purchased?
Mark Oakley
Mark Oakley
answered on Sep 26, 2022

No, not specifically. If this is a normal purchase of a residential property (e.g., not a foreclosure sale), then the seller must "disclose any latent defects of which the [seller] has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

2 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 24, 2022

You are not trespassing if a co-owner invited you in. Do not expect the police to get involved.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: After one year I raised my tenant’s rent the San Diego’s allowed 9% and continued with a month to month agreement.

It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

To play it safe, wait five more months until the 12-month period has elapsed so that you can raise the rent again.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for California on
Q: Can a verbal lease agreement stand for a non-spouse of 30 years after the partner dies?

A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 24, 2022

A good theory of law that would likely apply is what is called "equitable estoppel."

"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the...
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2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

1 Answer | Asked in Real Estate Law for California on
Q: landlord raised our rent March 1, and emailed us terms of a lease agreement, now wants the place back 4 months early.

They raised the rent, but want the place back 4 months ealry and served us a 60 notice without the proper terms. Are they required to compensate for the unused months?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Yes. When you have a fixed-term lease agreement, the landlord would owe you damages for breach of contract for early termination.

1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: If after the sale of real or personal property what is the first action to file to prevent eviction or removal therefrom
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Is the owner of the home selling it while you are a tenant? If so, you would not need to do anything right now, as the sale of the home carries with it the leasehold that you have.

1 Answer | Asked in Real Estate Law for California on
Q: My landlord is selling the home my daughter and I have been renting since, 2011. He is only offering us $5,000.

To relocate and CA Relocation Fees chart says I'm entitled to at the least $9,100-$21,000. I told him I would discuss this with a professional and get back to him. He says he thinks he can do $9,000, but that's not enough to move here in Southern CA

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

He would need to pay you relocation expenses of either one month of rent or waive the last month of rent there.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

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