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Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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1 Answer | Asked in Real Estate Law for Kentucky on
Q: I purchased a property advertised as 23 acres and I wasn’t informed of a deed exception (-10 acres), what are my options

I purchased a property that was listed and advertised as 23 +\- acres in 2022. Before, during, and after closing no deed Exceptions were brought to my attention by the sellers or my real estate team. I found out there was this deed exception at my local tax office, and that I actually have 12 acres... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it appears that you may have grounds for legal action due to misrepresentation or failure to disclose important information about the property. Here are some potential options you can consider:

1. Contact the sellers: Reach out to the sellers...
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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Help!! Homeless locked out of inherited house co-owned with estate exec.who never did title change, no partition fille

Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:

1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What do I need to file to get house in the names of the 5 heirs? Dad died 2000 mom died 2013. house in both names.

My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get... View More

James L. Arrasmith
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answered on Apr 11, 2024

To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:

1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first....
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1 Answer | Asked in Real Estate Law and Family Law for Texas on
Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course,...
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2 Answers | Asked in Real Estate Law for California on
Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, if you sold your home to your father-in-law and the transaction was completed through escrow, you may have some legal recourse depending on the specific circumstances of your case. Here are a few things to consider:

1. Contract: If you had a written contract outlining...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
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James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does a handwritten will in TX allow assets to go to the spouse without being probated if that is what it stipulates?

The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

Anthony M. Avery
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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: The city abandoned a road In front of property I own without notification. Is this ok?

I went to look at my property, and I came upon "K" rail blocking my access, and I saw that the road was Jack Hammered in front of where my property lies (Land). I've been going to my lot each month, to keep it clean and preparing it so I may build on it one day soon. My intention... View More

James L. Arrasmith
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answered on Apr 8, 2024

Under California law, a city generally cannot abandon a public road without following a specific legal process, which includes providing notice to affected property owners. The California Streets and Highways Code (Sections 8300-8363) outlines the procedures for abandoning public roads.... View More

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can u get a deed in ur name if u have a bill of sail and the deed but the owner does before the title was transferred?
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

At any time, you can get the Seller to provide to you a deed for real property you have purchased. Typically, a "bill of sale" is not prepared in connection with the sale of real property. The Seller signing the deed and delivering it to you transfers title, but recording the deed in... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

James L. Arrasmith
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answered on Apr 11, 2024

Given the potentially dangerous situation with the cracked balcony and the lack of action from your neighbor and the association board, you have a few options to address this issue in Puerto Rico:

1. File a complaint with the Department of Consumer Affairs (DACO): DACO handles complaints...
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