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Questions Answered by Vincent Gallo
2 Answers | Asked in Civil Litigation and Real Estate Law for New York on
Q: How can a joint ownership in real estate be dissolved when one refuses to buy out or sell?

I am divorced and I still own 50% of a piece of rental real estate. The divorce was 8 years ago. I would like to sell the real estate. The other person will not agree to sell or buy out me out. What are my options?

Vincent Gallo
Vincent Gallo
answered on Feb 4, 2018

If you are unable to resolve it amicably, you would bring an action in partition which is a forced sale of the real estate.

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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can the builder keep all of our deposit money if we cancel before the red line meeting?

We put about $12,000 down on a new home build. $5,000 was for earnest money and about $7,000 was for upgrades. We decided to cancel before we had the red line meeting. The builder says they will not give us any of our money back because it has all been spent on permits, engineering, and bank loans.... View More

Vincent Gallo
Vincent Gallo
answered on Feb 3, 2018

Your contract should be able to define your answer. Hopefully you had an astute attorney who negotiated the contract that you executed.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My daughter wants to deed land I deeded to her back to me. Does this require an attorney or can we file the documents?
Vincent Gallo
Vincent Gallo
answered on Feb 3, 2018

You do not legally need to retain an attorney provided that you know how to do it yourself correctly. So the question is do you know how to do it yourself correctly?

2 Answers | Asked in Real Estate Law for Florida on
Q: Title company missed mortgage on house and sent us the check. Can we just not pay mortgage?

Hi, we sold a home that is in an open estate. The home has a mortgage. The title company missed the mortgage and sent the check to the executor of the estate.

An acquaintance of ours told us not to pay off the mortgage at this point, that the title insurance will have to pay off the loan.... View More

Vincent Gallo
Vincent Gallo
answered on Jan 18, 2018

The title company can, and no doubt, will come after you for payment.

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2 Answers | Asked in Banking, Civil Rights and Real Estate Law for Illinois on
Q: My mother passed away and owed money on her house what do my sister and I need to do to be able to sell it?
Vincent Gallo
Vincent Gallo
answered on Jan 15, 2018

You will, no doubt, need to pay off all of the debts affecting the house by no later than the closing date.

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2 Answers | Asked in Real Estate Law for New York on
Q: How do i get my girlfriend on the deed and title to our house
Vincent Gallo
Vincent Gallo
answered on Jan 12, 2018

You and/or your Attorney, if you do not know how to do so yourself, need to properly prepare, and have executed and acknowledged, a Deed and required ancillary documents that need to be recorded with the NYC Register.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: If a home (estate sale) is sold in New jersey, and the home has a violation that is not disclosed at the time of closing

does the violation transfer to the new owner. The estate is now closed

Vincent Gallo
Vincent Gallo
answered on Jan 4, 2018

Yes it would, however more importantly, a violation is readily discoverable from the public records. So why didn’t you, or your attorney or your title agent find it before you closed?

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: selling our home and buyer has breached 3 times. If we close can I still sue for expenses related to delay of sale?

Buyers title company had set the date for closing on the 18th of Dec.

we found out the buyer had delayed approving the loan company to proceed from November 7th until December 7th. Once we realized the issue the 18th passed and she was in breach.

We signed 2 more extensions which... View More

Vincent Gallo
Vincent Gallo
answered on Jan 4, 2018

Not likely, most contractual terms do not survive the closing.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own several rental properties in NC with mortgages. If I die is my wife responsible for the debt? She is not on the mo

My wife is not listed on the mortgages.

Vincent Gallo
Vincent Gallo
answered on Jan 4, 2018

Not likely, however if the mortgage debt is not paid and the property is foreclosed it will be lost in the foreclosure notwithstanding.

2 Answers | Asked in Real Estate Law for California on
Q: Hello I purchased a brand new built home on 1/24/17 and didn't move in until 5/1/17 based on our contract my repairs

aren't done and I still can't receive mail. What can I do?

Vincent Gallo
Vincent Gallo
answered on Jan 2, 2018

The real question is why did you close on a home and tender the full purchase price is the house wasn’t complete?

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2 Answers | Asked in Real Estate Law for California on
Q: House is in both names. How do they get rid of the debt? Neither one wants the house and it is going into foreclosure.

He is living there, not paying payments. She is remarried, living in another state.

Vincent Gallo
Vincent Gallo
answered on Jan 2, 2018

If you want to walk away ask the lender to agree to accept a deed back in lieu of foreclosure in settlement of everything owed to the bank.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am the owner. Of my home with nobody else on any documents. However, my ex boyfriend was paying the mortgage, and s

He said he is entitled to 50% of what I sell it for. My home is in Florida; is that true?

Vincent Gallo
Vincent Gallo
answered on Jan 1, 2018

Not unless you signed a document to that effect.

2 Answers | Asked in Real Estate Law for New York on
Q: I own 1/5 of a house in NYS. Three of us wants to sell. What options do we have if the two can not buy us out?
Vincent Gallo
Vincent Gallo
answered on Jan 1, 2018

Everyone agrees upon a selling price and all five owners amicably sell.

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2 Answers | Asked in Real Estate Law for Illinois on
Q: My boyfriend & I bought a home together, it is paid in full. It's value is $189,661. I made the down payment of $60,000

Each month I contributed $2492 & he contributed $1000 to the mortgage.

We have split up & he has moved out. How do we divide the house asset?

Vincent Gallo
Vincent Gallo
answered on Jan 1, 2018

Here are your options as I see them: 1) you will divide the proceeds as you both amicably agree; or 2) however as Court so decides if it gets out of hand after all of the evidence is presented to the Court at trial.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I wish to buy a house from a relative for $1 and also take over their $58k home equity loan. Is this possible/easy?
Vincent Gallo
Vincent Gallo
answered on Dec 31, 2017

It’s easy, if you know what you’re doing.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Signed a purchase & sale stating the sellers would remove shed.

The shed was falling down & would not have passed the inspection for a usda loan. Our loan was denied due to my husband getting 5 less hours a week at work. Now the sellers said they will not give back the deposit because they removed the shed & that it's my husbands fault we... View More

Vincent Gallo
Vincent Gallo
answered on Dec 27, 2017

Sue them for your money back if you are confident that this is how the contract reads.

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2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Seller accepted my offer and before we closed he received a higher secondary offer. Can he sell to secondary offer?

All contigencies were met and my loan is approved. Everything is done except the title transfer. Seller says because the contract allows him to take secondary offers he can sell to the secondary bidder.

Vincent Gallo
Vincent Gallo
answered on Dec 24, 2017

The terms of the contract will delineate your rights and obligations.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: I changed out curtains now buyer wants originals back after they signed final walk through.

The buyer did final walk through and signed the documents! No mention was made of the original curtains. They now want the original curtains back.

Vincent Gallo
Vincent Gallo
answered on Dec 23, 2017

From what you stated, it sounds like you are in luck.

2 Answers | Asked in Real Estate Law for Colorado on
Q: Does a buyer of property in colorad have to have a property appraised when they purchase the property
Vincent Gallo
Vincent Gallo
answered on Dec 15, 2017

If they purchase real estate with a mortgage, the lender will no doubt require an appraisal. Notwithstanding, in all cases, a purchaser would be foolish to not first obtain an appraisal to ensure themselves that the property is worth what they are paying for it.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning on
Q: If a place is abandoned or unclaimed property such as a house , could someone movein and not be braking the law ?
Vincent Gallo
Vincent Gallo
answered on Dec 10, 2017

It sounds like trespassing to me.

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