Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Vincent Gallo
1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My husband and I bought a building, the abstract company never looked for an Occupancy Certificate.

We then applied for a building permit and are getting hit for all the non code the previous owner did and non permitted work. We don't think this is right. Shouldn't the abstract company have looked for a C of O? They said they never heard of having one?!

Vincent Gallo
Vincent Gallo
answered on Dec 9, 2017

In New York at least, a standard title insurance policy does not insure municipal searches.

2 Answers | Asked in Real Estate Law for New York on
Q: We have a $160K in escrow for 3years, wondering how can we have the funds released.

We sold a house on 12/16/14, there was HELOC of $80K which was paid off but for some reason never closed by AMEX. Even the though enclosed with the check was a notice asking the account be close. Amex has no record of any liability. We have not been able to obtain a release of the funds for 3 years.

Vincent Gallo
Vincent Gallo
answered on Dec 8, 2017

You should have signed and escrow agreement at the closing, and the terms of this agreement would have governed your obligations as the closing out the account. Read the agreement and see if you have complied with all of your obligations and if so, make a demand on the title agency to return the... View More

View More Answers

1 Answer | Asked in Real Estate Law for Connecticut on
Q: My brother and I own a home together. He wants to sign his half over to me. How do we go about it? We live in CT.
Vincent Gallo
Vincent Gallo
answered on Dec 6, 2017

A deed and accompanying transfer documents need to be signed, acknowledged and recorded with the county recorder’s office in fully recordable form.

1 Answer | Asked in Real Estate Law for Indiana on
Q: How to remove my name from house loan that i co-sign for former girlfriend
Vincent Gallo
Vincent Gallo
answered on Dec 3, 2017

She would have to agree to refinance the mortgage In her own name. This will cause you to be removed from the mortgage and the note.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am supposed to close on my mortgage refinance tomorrow, which will take my ex's name off the mortgage. He refuses to

sign the Quit Deed until the refinance is complete. My mortgage broker says if he doesn't sign the Quit Deed that the payoff from my new lender to my old lender will not take place and the refi will not go through. So, what is the truth? Is there an amount of time after I sign the refi that he... View More

Vincent Gallo
Vincent Gallo
answered on Dec 3, 2017

If you Ex is currently on title, if he does not sign the new deed, you’re not closing.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I bought house for me and girlfriend. Her is on deed. Whos house is it
Vincent Gallo
Vincent Gallo
answered on Dec 1, 2017

If only she is on the deed, then it’s her house.

2 Answers | Asked in Real Estate Law for New York on
Q: My sister and I are co executors of my mothers estate. We are selling her house. They are asking for a Warranty deed.

How do we obtain this?

Vincent Gallo
Vincent Gallo
answered on Nov 21, 2017

You don’t have that ability.

View More Answers

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My clients have purchased a mn home and there was no mention of association or covenants in the property disclosure.

Now that the buyers have seen the covenants they want to cancel - will they get their earnest money back?

Vincent Gallo
Vincent Gallo
answered on Nov 16, 2017

Those are documents that: a) a purchaser would typically take subject to; and b) are readily available in the public records; and c) would be swiftly disclosed as part of the title search. So I would be quite surprised if a purchaser would have grounds to cancel the contact based upon same.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an estate lawyer ask for the mortgage application from someone buying the house from their client
Vincent Gallo
Vincent Gallo
answered on Nov 16, 2017

Review your contract. Did you agree to provide it as part of the contract terms.

View More Answers

1 Answer | Asked in Real Estate Law for Indiana on
Q: Current deed lists my wife and I as "joint tenants with rights of survivorship" how do I convert to tenancy in entirety

Purchased home with my girlfriend back in 2006. Married in 2007 and quitclaim deed filed to list us with the same last name. The current deed says "joint tenants with rights of survivorship"; however, we would like to convert to tenancy in entirety. How would we do this?

Vincent Gallo
Vincent Gallo
answered on Nov 6, 2017

You should both convey to both of you designating yourselves as Grantees as tenants by the entirety.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If I'm on the deed of my parents property as rights of survivorship in Kentucky, do I also have to be on the mortgage?
Vincent Gallo
Vincent Gallo
answered on Nov 5, 2017

Not if the lender didn’t require it

1 Answer | Asked in Real Estate Law and Landlord - Tenant on
Q: Is it legal to lease a carpark that you don’t own?
Vincent Gallo
Vincent Gallo
answered on Nov 5, 2017

Why would anyone pay you for something that you don’t own?

1 Answer | Asked in Real Estate Law for Arizona on
Q: We bought a home about a year ago. We wanted to put a pool in the backyard. It appears that our property has a

Conservation Easement running across the backyard. Neither the seller, RE agent, nor Title Company disclosed this to us during the time of purchase. Do we have any recourse?

Vincent Gallo
Vincent Gallo
answered on Oct 23, 2017

Read your title insurance policy to see if you took subject to the easement.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My name is on a home, the mortgage, the taxes. My father has been paying the mortgage the last year. Who owns the house?

It has been empty. We were going to rent it, sell it, and maybe let a relative move in until his place was renovated. I put it on my taxes and got the interest credit, etc. Who owns the house? Me because it is in my name in every way or him cause he's been paying the mortgage?

Vincent Gallo
Vincent Gallo
answered on Oct 21, 2017

You do.

View More Answers

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If a buyer backs out after a home inspection , do they have to share that inspection report as proof of reason?
Vincent Gallo
Vincent Gallo
answered on Oct 21, 2017

Your contract of sale will give you guidance as to that answer.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Buying a house on contract - Can seller make buyer responsible for property tax at the time of the sale?
Vincent Gallo
Vincent Gallo
answered on Oct 17, 2017

The Contract will govern that answer.

1 Answer | Asked in Real Estate Law for Maryland on
Q: 3 brothers inherited property. One owns 50% other 2 own 25% each. The latter 2 are trying to force the sale.
Vincent Gallo
Vincent Gallo
answered on Oct 15, 2017

They can do so, by means of an action in partition.

3 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: I am looking to purchase a house from an auction. How can I tell if there are other monies owed on the property?
Vincent Gallo
Vincent Gallo
answered on Oct 9, 2017

You would have a complete and thorough title search first conducted and if you did proceed to close on the transaction, you would obtain a title insurance policy so as to guarantee those results.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: On the sale & purchase of a private residential home......who is responsible for providing a home inspection??

My question is not for N C law.....It is for FLORIDA law....

Vincent Gallo
Vincent Gallo
answered on Oct 8, 2017

In New York, at least, a Purchaser is typically entrusted to obtain a home inspection prior to signing Contract. This way, the Purchaser knows precisely what he or she is "getting himself/herself into", with eyes wide open.

View More Answers

1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: we signed a contract to sell our home. we were sent an extension until a certain date because of an underwriting issue

the settlement was then set for week later. now because of scheduling, the realtor has pushed it back to a date past our agreed to extension.

is this legal without another signed extension approval by the sellers and buyers? is it considered a default on the contract? are we free to... View More

Vincent Gallo
Vincent Gallo
answered on Oct 6, 2017

If they are asking for an extension, and they require an extension in order to proceed with the transaction, then alternatively it would appear that they have left themselves open for you to cancel a transaction if you choose not to grant the extension. Whether you could hold them in default is an... View More

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.