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Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have purchased a property from two brothers and filed PA. Now one brother signed deed and other is MIA?????

Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 29, 2022

Hire a competent attorney immediately. You will probably need to sue for Specific Performance in

Chancery. A Title Search needs to be performed with some type of source of Title determined and placed in the Derivation of Title Clause. Who drafted the Deed, then transferred money...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

1 Answer | Asked in Real Estate Law for Alabama on
Q: My sister, brother and I inherited parents house.Brother moved in without my sister or my consent, refuses to leave/sell

In Alabama. Won’t pay rent, move or sell.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2022

Hire a competent AL attorney to search the title, determine Heirship, then file an Action for a Partition Sale.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, if a piece of land has no deed, who owns it? Does the state or county owm it?

Title company could not find chain of title, can't find any deed.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2022

Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.

1 Answer | Asked in Real Estate Law for Florida on
Q: I have paying my daughter's mortgage since 2008 including water and electric bill.can I requested a share if they sellin

If they are selling can I request a share of the sale of the house

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2022

Let's be clear. You are not on the mortgage but have voluntarily paid your daughter's mortgage since 2008. Your question is if your daughter elects to sell her house, can you ask for a share of the proceeds.

The answer is no, and yes. You are a stranger to the mortgage company -...
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1 Answer | Asked in Real Estate Law for California on
Q: What shall I do with refinance that was not closed properly?

I refinanced my 1st mortgage and HELOC to consolidate debt almost a year ago. I found out a few weeks ago that the HELOC was not closed even though I was charged the fee to close it. The HELOC servicing company sent me a letter threatening me that they would force home insurance on me if I did not... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 28, 2022

Take all your documents to a real estate attorney. You need a professional to review all of the documents to properly advise you.

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2022

I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Jack Mevorach
Jack Mevorach
answered on Jun 27, 2022

Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.

Jack

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my NC filed and registered Power of Attorney valid in Maryland?
Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It should be valid, however, you may need to take additional steps to use it in MD. Ask this on the MD boards rather than the NC board you will get a better answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: NC registered mobile home has 2 -1st lien holders on title. 1 died. Will this add his 6 beneficiaries as additl 1st LH

My parents are one of the original 2 first lien holders . Can they release the title back to me or do my parents plus all of the deceased grandfathers beneficiaries which consist of 5 individuals & his church have to all complete the Affidavit of North Carolina Lienholder form MVR-46D in order... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

Without seeing your grandparents will and getting a full timeline together of when the events took place I can't answer your question with any specificity.

However, my thoughts are that you should probably try and get everyone to sign.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If you was given a home to stay in and they said they could never give you the land but I would never be put out

And I have put 15,000 into this home and now a year later my dad's cousin is telling me I have to end of year to be out like is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

You can do several things; you can sue to have an injunction issued that would prevent you from being evicted. You would have to convince the judge that you were told this by one of the owners.

The second thing you can do is sue for unjust enrichment, basically saying that you have...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... Read more »

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What forms do I file to stop a transfer of ownership on a house or sale of the house
Yelena Gurevich
Yelena Gurevich
answered on Jun 27, 2022

There is barely any information stated here that would allow to an attorney to guess what form would apply. Please restate your question and provide more detailed facts.

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: I co-own land and a house and my co-owner has never given me a copy of the key or the passcode to the security system.

I have owned the property for close to three years. It wasn't a problem before not having access to the house and land until now. What can I do about the situation?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 27, 2022

You might want an attorney to search the Title and determine ownership. If no agreement can be reached, hire a competent attorney to file an Action For Partition.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Is a land contract legally binding in MI if owner dies or is incapacitated? Does it have to be entered into their will?

We were advised by another free legal aid that it has to be entered into their will in order to be binding in a court of law if the next of kin wanted to challenge it. I printed out a Codicil for the seller. Is that sufficient?

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 26, 2022

You don't 'enter' a land contract 'into a will'.

And a codicil is usually the 'worst of all possible worlds' to avoid a will challenge.

And finally, preparing a legal document for someone else potentially constitutes the practice of law which, if...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I need help with a promissory note that used the home I reside in as collateral that is blocking us from a clear title

We signed a contract for deed with my aunt on my residence on Dec 2013 she then conveyed her interest to her ex husband (my uncle) in June 2014 which in return he purchased the home from her with Rocket Mortgage for $55,000. In the same month 6/2014 she had a promissory note of $70,000 stating... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

I just saw this question this evening. What a mess!

The good news is that there is a way to achieve your goal. The bad news is you will need to go to at least one court to resolve it. You may have to go to two different courts because it has to deal with an Estate now.

It looks...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My HOA is asking for a special assessment because they list a suit.

My HOA sued some homeowners and settled the suit and the case is sealed and won’t disclose who is being paid. They want a special. Assessment of $1000 from each lot homeowner. Is this legal.

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

As you may know, when you buy into a development with a Home Owner's Association ("HOA"), you move-in agreeing to the terms of the HOA. The terms may change over time. But that is only done by the HOA board or other managing body.

Thus, you are stuck with the HOA rules by...
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1 Answer | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
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Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

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