Q: I asked my golf course association for copies of all my records VIA FOIA and was told I had to have attorney ask ONLY
My golf club didn't follow Florida statute 720.305, suspension of 1 year without interviewing me and was done in 3 days.
Barbara Billiot Stage answered on Jan 17, 2022
It depends on if your golf club is paid for with your annual HOA assessments or if it is operated independently. You would need to have an experienced association lawyer review your HOA documents if you are unsure. If you are sure it is paid for with your annual assessments and there is no... Read more »
Q: Can You name institutions or addresses in Louisiana or internet for expropriation in Chicago?
Dear Ladies and Gentlemen,
my girlfriend living in Louisiana inherits a piece of land in Chicago that the city or state of Illinois wants to expropriate to build a school on.
As I understand it, the court is asking my girlfriend to receive $36,000 as compensation for the inheritance... Read more »
Randy Bryan Ligh answered on Jan 17, 2022
You will eventually need an attorney in Chicago if this matter goes to litigation but you may also want a Louisiana atty to assist you with this---use the Justia FIND A LAWYER tab and search for Chicago and Louisiana expropriation attorneys--contact/consult with a few of them ad then hire the one... Read more »
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.
I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »
Jane Kim answered on Jan 15, 2022
It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.
Q: My mother would like to transfer her house to me and my wife. Do we need a warranty deed or quit claim deed in Michigan
Are there tax ramifications?
Kenneth V Zichi answered on Jan 15, 2022
A quit claim and the appropriate transfer and tax affidavits will usually suffice but this is NOT a ‘DIY’ appropriate task. There is much at play and there will also be tax implications and the possibility of a gift tax return being required.
That snd depending on your situation... Read more »
Q: My stepmother is trying to buy me out but she hast to refinance the house to get the money and asked me to sign a paper
She asked me to sign paperwork relinquishing my rates what do I do
Ellen Cronin Badeaux answered on Jan 15, 2022
DO NOT SIGN!!! Hire a lawyer to review all documents. She is trying to take your inheritance.
Q: Are unsigned email agreements legally binding?
House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?
Michael David Siegel answered on Jan 14, 2022
Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.
Q: I am in RI. My siblings and I inherited a house from my brother when he died. There is a mortgage on the house.
One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?
Anthony M. Avery answered on Jan 13, 2022
First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... Read more »
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Q: I inherited a house that I lived in with my mom for 30 years it’s not been transferred to myself and sister yet
She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... Read more »
Shaneka Johnson answered on Jan 13, 2022
The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... Read more »
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had
been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?
There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »
Michael D. Birchmore answered on Jan 12, 2022
Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »
Q: My brother passed away in Puerto Rico. The property is in P.R. there's no will. He has no children, no wife.
Our father lives here in New York.
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?
Russel Morgan answered on Jan 12, 2022
You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”
Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.
Barry W. Kaufman answered on Jan 12, 2022
You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.
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Q: What to do when the HOA Management company is not operating by the CCR's of the HOA?
Per CCR's the payment shall be due after 30 days before the late payment is due. They are applying it after 15 days. They refuse to abide by our Articles and CCR's.
Randy Bryan Ligh answered on Jan 12, 2022
If you have brought it to the attention of the Board and nothing has been done, then I would contact a lawyer in your area to review your matter and perhaps write a letter to the Board/management company asking for a reversal of the late charges. Since there's probably more than 1 affected... Read more »
Q: What is the best way to gift a property?
My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?
Jane Kim answered on Jan 12, 2022
There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.
Q: To transfer house deed to me, (husband died), I need a new deed. Which, warranty, quit claim, or lady bird is correct?
And I need to send in his death certificate.
Michael Mayoral answered on Jan 11, 2022
I hate to not give you a simple answer on this, but it depends on a number of factors. You should contact a "probate" attorney in your area. That's the type of attorney who deals with transfers of property due to the death of a person.
Q: Can our HOA board controlled by Builder make us sign release to be on transition committee?
....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »
Barbara Billiot Stage answered on Jan 11, 2022
They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.
Developer-controlled HOAs will do or say anything because they are counting on you not... Read more »
Q: Any recourse for title co. incorrectly reported legal desc and forcing another delay in closing escrow? Loan was funded.
I'm trying to close escrow on a probate property in LA county, CA. After 2 yrs of court proceedings, the surviving siblings were awarded equal shares of the pending sale by the court. My loan was approved and funded and then title company comes back and say that they messed up and originally... Read more »
Anthony M. Avery answered on Jan 11, 2022
It is doubtful that any cause of action exists as title companies do not represent anyone. It is totally different when you hire an attorney, which is what anyone should do if transacting in real property. Sometimes Negligent Misrepresentation is possible, but very doubtful. Consult with a CA... Read more »
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?
My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.
James G. Ahlberg answered on Jan 11, 2022
This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?
My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »
Mike Branum answered on Jan 11, 2022
The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.
The problem will be finding legal representation to assist you with a complicated... Read more »
Q: We would like to take legal action against the person who sold us our home/the inspector for nondisclosure.
I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... Read more »
Brent T. Geers answered on Jan 11, 2022
Possibly, if you have more facts than what is disclosed here. The fact that it was a rental for 30 years isn't enough. Nor is the bathtub not being on proper supports. You'll need to show that the former owner knew or should have known of very specific issues.
I think you have... Read more »
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