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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Is it legal for a seller to write up their own land contract agreement using a form from legal zoom?

Also can a Michigan broker close on that land contract transaction ?

Vincent Gallo
Vincent Gallo
answered on Sep 22, 2018

Yes, provided that it contains all the necessary elements required for a contract. At the same time, it could be like walking on landmines.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Only my husband's name is on the deed and mortgage to our house. He passed away. Am I responsible for repaying the loan?
Vincent Gallo
Vincent Gallo
answered on Sep 9, 2018

Not personally, but if you do inherit the real estate you take subject to this mortgage.

2 Answers | Asked in Real Estate Law for Indiana on
Q: Can lenders foreclose on a house if the person who borrowed the money is no longer on the deed even if the co-signer is

There is 2 loans taken out on house the first one is the mortgage which just has my grandma on it the second loan has her name and my husband as cosigner

Vincent Gallo
Vincent Gallo
answered on Sep 9, 2018

Yes, because the grantees in the deed took subject to the cloud of the pre-existing mortgage.

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1 Answer | Asked in Real Estate Law for Florida on
Q: We put contract on house with intention of using FHA loan, however we then moved over to USDA.

The appraisal came back with a few repairs needed. Because our contract is AS IS the seller will not fix the repairs so we can’t get the loan. So are we in breach of contract if we withdrawal our contract?

Vincent Gallo
Vincent Gallo
answered on Sep 7, 2018

The terms of tie contract should govern the answer.

3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Am I under contract?

I received a signed contract from buyer´s realtor, then I made changes in two clauses, initialized those changes and signed all contract´s pages. Buyer´s realtor did not accept those 2 changes and requested to go back to original conditions. Today I received better offers and informed buyer´s... View More

Vincent Gallo
Vincent Gallo
answered on Sep 6, 2018

You have no contract.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Our house is for sale and we have it listed with an agent. When our agent was out of town a friend recommended our home

To someone who decided to buy it. Are we obligated to pay the commission to the realtor?

Vincent Gallo
Vincent Gallo
answered on Sep 3, 2018

The answer will depend upon the terms of the Listing Agreement you have with your Broker. Read it carefully.

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1 Answer | Asked in Real Estate Law for Minnesota on
Q: Is there a need for a title search before purchasing raw land?

Have verbally agreed to a price to purchase raw land with lake frontage. To my knowledge there has never been any improvements or structures on the property and the land has been owned by the current owners for at least 50 years.

Vincent Gallo
Vincent Gallo
answered on Sep 2, 2018

You can keep your fingers crossed and hope that nothing is irregular or you can have a title search conducted and find out for yourself.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My mom and I are on the deed of the house. She died. I have 2 brothers, do I become the sole owner or not?

There is no will

Vincent Gallo
Vincent Gallo
answered on Aug 31, 2018

Only if the deed reads your name and your mothers name, as joint tenants with rights of survivorship.

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2 Answers | Asked in Real Estate Law for Indiana on
Q: I am a single home owner. Are my adult children responsible for my mortgage debt after my death?
Vincent Gallo
Vincent Gallo
answered on Aug 25, 2018

No, if they failed to pay the mortgage the house will eventually get foreclosed upon and therefore lost in the foreclosure. So if there is value in the house, it would behoove them to pay the mortgage.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: I’m purchasing a REO bank owned property that I’m being told I have to pay the past due HOA dues & sewer.

Otherwise they will not turn on water to the property & they will not approve the sell to me? I have a clear title. Why would I pay for someone else’s delinquencies

Vincent Gallo
Vincent Gallo
answered on Aug 22, 2018

It appears that these are the terms that they are requiring. You have a choice, tell them “no” and don’t purchase this property and find something else.

1 Answer | Asked in Real Estate Law for California on
Q: I am on a mortgage loan but was signed off the title using a quit claim deed. Can I still do a partition lawsuit?

I am wanting the property to be sold so I can get my name off of the mortgage loan.

Vincent Gallo
Vincent Gallo
answered on Aug 21, 2018

You no longer own the real estate, therefore you are incapable of initiating a partition action.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom mom is elderly and wants my name on her deed to her house that is paid for. Do we need to hire a lawyer for this?
Vincent Gallo
Vincent Gallo
answered on Aug 11, 2018

Not if you know how to properly execute on the task without the aid of an attorney.

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3 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: In NYC can the deceased parents house be forced to satisfy debts?

My mom currently has debt (I believe total is less than $20k) and only asset is the house (with a mortgage), when she passes away could it be forced sold to satisfy her debts. I'm her only child, my father has passed away. I know different states have different rules regarding this. I'm... View More

Vincent Gallo
Vincent Gallo
answered on Aug 11, 2018

Yes

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can ONE SETTLEMENT date be held to settle on 2 separate deeds of 2 pieces of property OWNED BY SAME OWNER to same buyer.

Mr X owns 281 broadway & 283 briadway(empty lot) free and clear ,clear title , Mr H wants to buy both free and clear , can it be done at one settlement

Vincent Gallo
Vincent Gallo
answered on Aug 11, 2018

If the purchaser wants to ensure that he will she will be purchasing both parcels, then he or she should most certainly close on both parcels simultaneously.

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2 Answers | Asked in Real Estate Law for California on
Q: Half of the owners of a house want to sell, others do not and will not buy out first group. Can a sale be forced?
Vincent Gallo
Vincent Gallo
answered on Aug 5, 2018

Yes, by means of what is referred to as an action in partition.

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: My dad is going on my home loan as a non occupant borrower does he have to be on my deed
Vincent Gallo
Vincent Gallo
answered on Aug 5, 2018

Your lender will be the one to answer that.

3 Answers | Asked in Real Estate Law for New York on
Q: We agreed to have the seller of our home stay after closing because they needed more time to move.

They are refusing to pay us the daily mortgage and insurance it would cost us to live in our new home. Can we get out of the deal before we close? We can not afford to extend out interest rate. In order to prolong closing. They only want to pay for the taxes which is about 15 dollars a day.

Vincent Gallo
Vincent Gallo
answered on Jul 30, 2018

If you already signed the contract, then the terms contained in the contract will govern this issue. Read the contract carefully for the answer.

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1 Answer | Asked in Real Estate Law for Mississippi on
Q: If I own real estate property with 4 other siblings, can I have a deed prepared for only my 1/5 share of the property?
Vincent Gallo
Vincent Gallo
answered on Jul 29, 2018

Answering you from a New York perspective, yes you may, as to your undivided 20% interest.

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Does my aunt need a lawyer to transfer title to a property when both the previous owners (her parents) are deceased?

My aunt has lived in her home for 50+ years. She was the caregiver for her mom who passed away a few years ago. She wants to sell the property, but the title deed is still in her parent's name.

Vincent Gallo
Vincent Gallo
answered on Jul 27, 2018

Your aunt does not need a lawyer to represent her, provided that she can competently and adequately represent herself. I would not count on it however.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Why am I being charged so much for POA for house sale?

I am selling a house that is in trust and I am the successor trustee. *I can't attend the closing* so I will be signing documents at my attorney's office a couple of days ahead of closing. It's my understanding that because this is a trust, signed, original documents are needed so I... View More

Vincent Gallo
Vincent Gallo
answered on Jul 21, 2018

Then just attend the closing and dispense with this issue. On another note, did the attorney who created the trust advise you of the fact that as a fiduciary you would likely need to personally attend the closing?

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