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Questions Answered by Vincent Gallo
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
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
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
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... View More

Vincent Gallo
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... View More

Vincent Gallo
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... View 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
Vincent Gallo
answered on May 17, 2019

Then don’t sell them the house.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If a mortgage to a lender says " less and except" a parcel that has been surveyed out, is that parcel NOT a lien?
Vincent Gallo
Vincent Gallo
answered on May 17, 2019

Likely, the mortgage is not a lien on the property if it is precisely as you so stated.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I bought a house with my dad and step mom. They are now getting divorced and she is claiming she is entitled to a third

We agreed to 50 50 when we purchased it but the agreement wasnt in writing. The deed list all three of us not me and them ex A+ B+C not A + B and C .

Vincent Gallo
Vincent Gallo
answered on May 12, 2019

If you examine the recorded deed you will get the answer.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If mother and daughter own house together. If mother passes does the sibling have rights to that home

Mother and daughter on deed. Mother passed away does other sibling have rights to mothers home. Or it solely goes to daughter

Vincent Gallo
Vincent Gallo
answered on May 9, 2019

A thorough examination of the deed will disclose the answer.

1 Answer | Asked in Real Estate Law for Washington on
Q: Is it a conflict of interest to use the same attorney as the owner for an exchange of a small undeveloped property?

The owner and I have agreed on a price but he wants me to use his attorney. Instinct tells me it's a conflict of interest. Am I correct? What is involved in such a sale in addition to title verification? I know a survey has been done.

Vincent Gallo
Vincent Gallo
answered on May 5, 2019

Why don’t you suggest that you both use your attorney, and see how they respond.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I am buying the house I rent and currently live in, should security dep be returned to me?
Vincent Gallo
Vincent Gallo
answered on May 5, 2019

It should be, provided that when you close you don’t raise issues as to the condition of the house that you may have created.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I bough a land on 2017 and now they said half of the land I bough isn't mine, what do I need to do on this?
Vincent Gallo
Vincent Gallo
answered on Apr 23, 2019

It would be wise to file a claim under your title insurance policy.

2 Answers | Asked in Real Estate Law for California on
Q: My Daughters name is on the deed to a house of her ex husband. Is she libel for anything in regards to that home?
Vincent Gallo
Vincent Gallo
answered on Apr 18, 2019

If the mortgage isn’t paid and the lender forecloses she could lose her interest in the house. Further, if someone is injured at the house and she is sued and loses she could have a judgment filed against her.

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do I find out if I’m on a condo deed, in Daytona Beach, FL?
Vincent Gallo
Vincent Gallo
answered on Apr 14, 2019

Take a trip to the County Clerk/Recorder's Office in the County where the real estate is located, and ask a clerk for assistance in retrieving a copy of the last deed of record for the property. Have the address, and if possible, the Section/Block/Lot which should make it easier for them to... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Do the remainderman of a life estate receive any proceeds from the sell of the land when it is sold?

my dad and cousin became life estate tenants resulting from the death of my great uncle. My sister and I were named as the remainderman. if we all agree to sell this property, will we as remainderman, receive any of the proceeds from the sell. if so, how would our share be calculated?

Vincent Gallo
Vincent Gallo
answered on Mar 27, 2019

It should be the percentage actuarial value attributable to the remained share.

2 Answers | Asked in Real Estate Law for Indiana on
Q: Seller refusing to close after signing purchase agreement. Any legal options to close the sale per agreement?

I completed a purchase agreement with a private seller to purchase an empty lot of land in Indianapolis. All of the title work is complete and checks out, but the seller cancelled the day of the closing. They have since been avoiding our calls and stalling for the last few months.

The... View More

Vincent Gallo
Vincent Gallo
answered on Mar 27, 2019

Purchaser may be able to initiate an action for specific performance to force the sale of the real estate.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: purchased a house and closing less than 30 days, just found termites and severe rot on beams under deck. who to call?

Inspector missed these items and they are glaring after moving in. Should we seek a lawyer?

Vincent Gallo
Vincent Gallo
answered on Mar 26, 2019

Only if you want to enforce the rights that you may have.

1 Answer | Asked in Real Estate Law for Washington on
Q: I am a tenant in common with my sister and I want to sell my interest in the land can I do that

We inherited the land for my father when he passed away live in Omak Washington and I just want to sell my part I don’t want to be involved with her at all anymore so can I just show my interest in the land

Vincent Gallo
Vincent Gallo
answered on Mar 24, 2019

If you and your sister own real estate that you inherited from your father, and you own it together, presumably, as tenants in common, then you each own a percentage of the whole and not any particular allocable portion of the real estate. If you want to sell, and she is not cooperative, then your... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: We closed on a house in September, can the buyer bill us now for upgrades he forgot to add to final closing
Vincent Gallo
Vincent Gallo
answered on Mar 6, 2019

I would say that ship had sailed.

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My husband passed and my name was not on the mortgage loan or deed. Am I responsible for repaying the mortgage?

I was only married for 4 months. I never signed the promissory note and he acquired the home prior to our marriage. Although I am his only heir, I would like to simply walk away from the house. Can I do this without repercussion?

Vincent Gallo
Vincent Gallo
answered on Feb 26, 2019

If you are not on the deed as a grantee and you are not a signatory to the mortgage or the note you are likely able to walk away from the house with no repercussions.

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