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Questions Answered by Vincent Gallo
1 Answer | Asked in Real Estate Law for New Mexico on
Q: .The day of closing(unfortunately after signing) I went to the house and the enclosed attached carport had been removed.

This was not discussed and it was removed while under contract

Vincent Gallo
Vincent Gallo answered on Oct 2, 2019

That was a big mistake, the final inspection should be conducted BEFORE you turn over the purchase monies to the Seller.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: If my name is on the deed and not on the mortgage and I financially responsible for the property

Property is deeded tenants in common with rights of survivorship

Vincent Gallo
Vincent Gallo answered on Sep 16, 2019

You’re not personally liable but if the mortgage isn’t paid you will lose the house nonetheless.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Are sellers required to keep utilities on for the final walkthrough?

This home is in Tennessee. Sellers have turned off power 5 days before closing. Our contract states that home is to be in same condition as the date of the bonding sales contract for the walk through. I assumed that meant utilities.

Vincent Gallo
Vincent Gallo answered on Sep 15, 2019

That would depend upon how the contract reads, but common sense would tell you that a purchaser should have required it as a condition of signed the contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Person signed a warranty deed over with no mention of retaining his life estate on that property.

He was awarded a life estate in the divorce, but a few years later he signed this to remove his name from the deed. But the life estate was not mentioned in this deed. Did he lose his interest in the property?

Vincent Gallo
Vincent Gallo answered on Sep 15, 2019

Then it sounds as if he conveyed the entire property to you.

1 Answer | Asked in Real Estate Law for California on
Q: My parents loaned us the down payment to buy our house via a promissory note. We also signed a Deed of Trust

with them as the beneficiary. When we couldn't pay them back we deeded the house over to them for the market value. Does that "repay" the promissory note?

Vincent Gallo
Vincent Gallo answered on Sep 9, 2019

This should suffice under what is referred to as the doctrine of merger, however, a close examination of the documents will confirm my opinion.

2 Answers | Asked in Real Estate Law for Colorado on
Q: The loan termination deadline was today. I've been asked by buyer to sign an addendum changing it to 9/5.

As a seller with cold feet can I use this to somehow to get out of the home purchase contract unscathed? Here is the relevant text:"New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s sole... Read more »

Vincent Gallo
Vincent Gallo answered on Sep 3, 2019

From the language it doesn’t appear that you have a right to terminate the contract.

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2 Answers | Asked in Real Estate Law and Products Liability for Wisconsin on
Q: I own a house in Oconto County, WI. I want to add my fiance to the deed. He has bad credit. Ramifications?

Can a lien be placed on my property because of his bad debt? He is not on the mortgage.

Vincent Gallo
Vincent Gallo answered on Sep 3, 2019

If he has bad credit, that could effectively "infect" your ownership of the house, to a point where someone who has a judgment as against him, could effectively execute on the judgment and force the sale of the house. So think about this carefully first. Also, once he is added to the Deed, he's... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Put a deposit on a house in Florida with a contingency of selling my house but with a definite close date of Sept 13 20

The seller continued to show house and got another offer. Ob Saturday was given notice that I had 48 hours to put 24000 additional deposit down. How do I get money if banks and brokers are closed always thought weekends didnt count in timeline only banking days did

Vincent Gallo
Vincent Gallo answered on Jul 21, 2019

Your contract should dictate what your rates and your obligations are as it is transaction. Examine it closely.

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Vincent Gallo
Vincent Gallo answered on Jul 21, 2019

The “family” is not personally obligated to pay the Mortgage, unless the “family” executed the Note.

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2 Answers | Asked in Real Estate Law for Arkansas on
Q: Can I sell directly to a person, without a realtor?
Vincent Gallo
Vincent Gallo answered on Jul 20, 2019

I can’t see any reason you can’t.

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2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: I am scheduled to close on a home next week. I am unhappy with the lender and want to cancel the whole deal. Can I?

I made an offer on my first home last month. Everything from that moment with my lender has been a mess. No communication, inaccurate information, snide comments, 3 weeks for a VA appraisal, etc. I've told my realtor that I can't be comfortable with this lender anymore and want to cancel this... Read more »

Vincent Gallo
Vincent Gallo answered on Jul 20, 2019

You would need to closely and thoroughly examine the trend of your contract of sale in order to determine what the potential consequences may be as a result of your canceling the deal.

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2 Answers | Asked in Real Estate Law for New York on
Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Vincent Gallo
Vincent Gallo answered on Jul 16, 2019

In New York City, the Department of buildings records control over the New York City Department of Finance classifications.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother and her half sister are named on the deed to a house in Virginia, that was willed to them by their mother.

In the event of my mother's half sisters passing, is the half sisters husband entitled to her half of the house?

Vincent Gallo
Vincent Gallo answered on Jul 15, 2019

One would need to examine the specific language in the deed, coupled with your mother’s half sister is will to make that determination.

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: How to get out of closing of a new house?

My husband & I signed a purchase agreement for a new house. The construction will begin now. During the closing which will happen in November, Is there a chance to get out of it just for me? What are the circumstances that I might face?

Vincent Gallo
Vincent Gallo answered on Jul 13, 2019

Your contract should be thoroughly examined and the answers should be clearly contained therein.

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2 Answers | Asked in Real Estate Law for New York on
Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Vincent Gallo
Vincent Gallo answered on Jul 11, 2019

Because an apartment was there for a long period of time doesn’t make it legal necessarily.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My mom has a house with a mortgage. Can me and my brother be added to deed or mortgage? So the house will pass to us?i

With out in going into probate? If so how?

Vincent Gallo
Vincent Gallo answered on Jul 5, 2019

Only if your mother so agrees to add both of you to the deed, and as joint tenants.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I was not able to get financing for a home, who do I speak to in order to get back earnest money.

I was not able to get financing due to the fact that the house needed multiple repairs. I have a denial letter and am within the correct time frame. Who do I speak to to get EM back? The sellers agent or the title company?

Vincent Gallo
Vincent Gallo answered on Jul 5, 2019

I would send the denial letter to everyone.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If property is in husbands name and daughters....at his death does his part pass to his daughter or to his widow
Vincent Gallo
Vincent Gallo answered on Jul 4, 2019

The language in the deed, as well as the terms of his will, will provide the answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is an attorney required to add my daughter's name to the deed to my personal residence in North Carolina?

If an attorney is not required to draft and file the deed, how do I go about doing it myself? Thank you.

Vincent Gallo
Vincent Gallo answered on Jun 26, 2019

If you feel confident that you could execute on the task without the aid of an attorney, at least in New York, you would be free to do so.

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