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Questions Answered by Vincent Gallo

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 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 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 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 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 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 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 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 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 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 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 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 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.

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: I no longer wish to sell my house but the closing is in five days. What can legally happen to me?

Vincent Gallo answered on Jun 16, 2019

The purchaser could possibly elect to bring an action for specific performance so as to force you to sell the real estate to the purchaser. Alternatively, the purchaser could possibly ask for money to let you out of the deal, or lastly, the purchaser could ask for the deposit monies back and walk... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on

Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?

Vincent Gallo answered on Jun 15, 2019

Responding from a New York perspective, silence the notes tenants in common.

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1 Answer | Asked in Real Estate Law for North Carolina on

Q: If mother and daughter names are on a house title can mother sign daughters name if daughter is incarcerated

Mother paid all of house payments. Daughter and mothers names was on deed to land.Land was used as collateral. Loan copy put both names on title only mothers name should have there.

Vincent Gallo answered on Jun 14, 2019

Not without a Power of Attorney.

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: Buying a house the sellers Lawyers put this in the additional provisions. We may have to go to them for roof concession

Should we sign it.

“all fixtures, personal property, and real property to be transferred hereunder shall be as is with mo warranties express or implied

Vincent Gallo answered on Jun 9, 2019

Not if you don’t agree to those terms.

2 Answers | Asked in Real Estate Law for Oklahoma on

Q: We have a property with 8 listed owners. How many have to agree to sell the property for us to be able to sell it?

Vincent Gallo answered on May 30, 2019

All 8, and if all 8 can’t agree then any one owner can force a sale through judicial intervention.

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1 Answer | Asked in Real Estate Law and Banking for New Jersey on

Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real... Read more »

Vincent Gallo answered on May 24, 2019

Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

1 Answer | Asked in Real Estate Law on

Q: Buyer failed to provide earnest money or close per contract. What recourse is available?

We have a contract through McGrew Real Estate to sell our home. Buyer failed to provide earnest money within five days per terms of contract. Then failed to close according to the contract. What recourse is available to us? We want to enforce the terms of the contract or at minimum collect the... Read more »

Vincent Gallo answered on May 19, 2019

If you initiate litigation, you may be prevented from selling the house to another person during the tenure of the lawsuit, since the real estate is the focal point of the lawsuit. Since there was no deposit given, you have a failure of consideration and you most likely have the opportunity to move... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: If buyer has a friend do the inspection on house and the repairs and cost are inflated, what are your options as seller?

Vincent Gallo answered on May 17, 2019

Then don’t sell them the house.

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