Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Vincent Gallo
2 Answers | Asked in Real Estate Law for Virginia on
Q: I am selling my moms house to my cousin. There is no mortgage and price agreed. Do I need a real estate lawyer?

Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... Read more »

Vincent Gallo
Vincent Gallo answered on Oct 25, 2020

Ask yourself, are you confident that you know how to fully complete the deal yourself wrh no mistakes?

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: what happens when a piece of real estate was left to 6 adult siblings and only four have signed a document to sell it.

The house is rented and four want to sell it. Can the sale happen with a majority or does everyone have to be on board?

Vincent Gallo
Vincent Gallo answered on Oct 18, 2020

You need all six (6) owners to properly and completely sell the real estate, absent a court order, exacted through a partition action.

View More Answers

1 Answer | Asked in Real Estate Law for Arkansas on
Q: A property listing in my area is for sale. I spoke with the Owner and he says he doesnt have a deed. Can he sell it?

It will be a cash sale just seems risky without a title company or even a deed

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A deed is the document that shows ownership of real estate.

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Q: Daughter has POA for mom, brother has letter of administration for same property. How do we sell home in NYC?

If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Ohio on
Q: can my husband sell our house for what we owe spitefully, rather than getting a realtor and best price?

We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a... Read more »

Vincent Gallo
Vincent Gallo answered on Oct 2, 2020

He can not sell the house by himself if your name is on the deed as a co-owner.

View More Answers

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »

Vincent Gallo
Vincent Gallo answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

2 Answers | Asked in Real Estate Law for California on
Q: Adding A Name To Home Title

Adding A Name To Home Title

Hello everybody, this is my first post and I hope you are all doing well. My husband and I bought a home a few months ago in Monterey, CA. it was under a LLC. The day when the escrow papers were signed, including the title, I was traveling for business so I... Read more »

Vincent Gallo
Vincent Gallo answered on Jul 29, 2020

You can legally do it yourself and save the cost of the Attorney fee if you are confident that you know how to do it yourself.

View More Answers

1 Answer | Asked in Real Estate Law on
Q: Hi, I bought a house in 2015, this house is built in 2003. My neighbour Claiming 2ft space on my driveway . Can he ?

Hi, I bought a house in 2015, this house is built in 2003. My neighbour Claiming 2ft space on my driveway . We never changed the boundary , but now after 5 years he is claiming 2ft on my driveway. Can I go to the court ?

Vincent Gallo
Vincent Gallo answered on Jul 26, 2020

Square it up with your survey, and independently, file a claim under your title insurance policy if you believe you have grounds.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Do I have to escrow taxes and insurance when buying a home and using a mortgage company? can i just pay my own?

Home is $185,000, appraised at $200,000. I am putting 5% down on a conventional loan.

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

That would typically be up to the lender to decide.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Sold my home to oldest son for what I owed on it. Verbal agreement I could live there until I died.

As soon as the sale was finalized I was forced out by verbal abuse escalating to physical abuse. Do I have any legal recourse for the rest of the price of the house?

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

Responding from a New York perspective, verbal agreements usually bear very little weight.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Buying new construction and the quote included $3k discount. Week later they took it away before signing. Any recourse?

The discount was included in two different quotes but nothing was signed because I was waiting for a specific lot to become available.

Vincent Gallo
Vincent Gallo answered on Jul 18, 2020

If you feel as if they are playing you before you sign the contract then this may be a perfectly good reason to not sign the contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: In OK, we close on a home Friday. I just lost my job. Can we back out without getting sued or losing escrow deposit?

In Oklahoma, we close on a home purchase this Friday. Financing is approved but I just lost my job yesterday afternoon. Can we back out of the purchase without getting sued for 5% of the home value or losing escrow deposit?

Vincent Gallo
Vincent Gallo answered on Jul 9, 2020

That will depend upon how your contract so reads.

2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Who is the best person to talk to about consumer fraud? I suspect me and my husband are victims of consumer fraud.

My husband and I purchased the cabin. There was a verbal agreement that the seller would help us find a mover. I told him we would need help with getting a mover the first time I spoke to him. He said yes he would. Then when we proposed an offer and before he went in to the house to talk with... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 30, 2020

The District Attorney.

View More Answers

2 Answers | Asked in Real Estate Law for Kansas on
Q: Two days before closing the seller says she won't sell to us unless we pay her 500 dollars aside. Can she do that?

She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00

Vincent Gallo
Vincent Gallo answered on Jun 25, 2020

The contract controls your rights and obligations. Perhaps the broker should offer to pay it?

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: I sold my house back in April 2020 and now the title company is calling me saying I had a supplemental tax from 2015.

The house is not in my name anymore do I have to pay this tax and if so should the owner title insurance cover this. Also If I don't pay it what can they do?

Vincent Gallo
Vincent Gallo answered on Jun 24, 2020

They may end up paying it, but they will likely chase you for reimbursement if it proves to be your obligation that was due.

View More Answers

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: how to get my deposit back when the contract expired?

This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).

Vincent Gallo
Vincent Gallo answered on Jun 22, 2020

Start the lawsuit immediately.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: How can I find out if the home my sibling and I inherited is "joint tenancy" or "tenants in common".

My sibling and I inherited a home and I am trying to figure out what kind of tenancy we have. I have the general warranty deed but the is no indication or say anything that refers to my inquiry. I called the Register of Deeds department and surprisingly they could not provide any information as I... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 22, 2020

Go in person to the county recorder’s office, retrieve a copy of the recorded deal and take it to a local real estate attorney for his or her professional opinion.

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: How can I add my wife's name to the title on our home?

The home is in my name. No mortgage payments, but there is a reverse mortgage. She was to young to be on the title when the reverse mortgage was negotiated, but is over 63 now, and I want her to be included. She signed all the paperwork at the beginning.

I just need someone to file the... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 21, 2020

You should check with your mortgage company to see if you need their approval first.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I hold the mortgage on a home I sold What happens when I die? Will my heir (son) then get the payments?

Is there something that needs to be recorded for this to happen?

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your estate will be entitled to the payments until your executor directs otherwise.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.