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2 Answers | Asked in Banking and Real Estate Law for California on
Q: Can I sell my house for reduced price for my non-biological/legal son and his in laws gifting the difference to my son?
Vincent Gallo
Vincent Gallo
answered on Feb 17, 2019

Provided that you are confident and not acting under duress, you are free to gift property to whomever you wish to.

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2 Answers | Asked in Real Estate Law for California on
Q: My uncle and his girlfriend bought a house together about 4 years ago. He wants to sell but she doesn't. What can he do?

Yes the property is in California. What steps does he need to take to start the process? Especially since his funds are limited.

Vincent Gallo
Vincent Gallo
answered on Feb 14, 2019

He can bring what is referred to as an action in partition to force the sale of the real estate.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: We are giving a house to somebody.does a deed transfer need to done by a lawyer ?
Vincent Gallo
Vincent Gallo
answered on Feb 12, 2019

Not if you are fully conversant as to how to properly do it yourself.

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3 Answers | Asked in Real Estate Law for New York on
Q: Bought house, mortgage only in his name but both names on deed...what are my rights regarding house if we split up?
Vincent Gallo
Vincent Gallo
answered on Feb 13, 2019

You are an owner of the real estate to the extent of your percentage ownership intest as stated on the deed

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: My wife is requesting a durable POA to sell our home in a couple of years. Of what do I need to be beware?
Vincent Gallo
Vincent Gallo
answered on Jan 28, 2019

The fact that you are hesitant shows that you don’t trust giving her a Power of Attorney. So don’t give it to her; make your own decisions.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.

Bought house last month and adjacent property developer recently placed “new” property boundary stakes in my yard and driveway. They are currently destroying the greenbelt between my home and yard and the new development. There was no disclosure prior to closing that 55 small homes on 100’ x... View More

Vincent Gallo
Vincent Gallo
answered on Jan 27, 2019

You should have acquired a title insurance policy that is intended to address your dilemma.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million

I agreed to selling but not at current offer. She knew this but signed my name an the check was in the bank 2 days before i found out. She will not show me the final paperwork that i wouldve signed. Called realtor asked him copies and he sent 4 pages 1 was blank an no names or numbers on the... View More

Vincent Gallo
Vincent Gallo
answered on Jan 21, 2019

Since you alleged that your sister forged your signature which is a criminal offense you should contact the local Prosecutor’s Office.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Signed contract on house. Days later, court approved pending ordered sale to someone else. What is my standing/options?

Entered into a sales contract before the pending hearing date for a court ordered sale (HOA forcing sale of a property due to past due HOA fees). Court approved the contract for another higher-offering buyer. (I was not included in proceedings) The contract I entered into was executed before this... View More

Vincent Gallo
Vincent Gallo
answered on Jan 20, 2019

If the contract that you signed was contingent upon court approval, then you were probably out of luck.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: If I'm selling my house in TN, do I have a right to see the buyer's contract on the sale of his house before I accept
Vincent Gallo
Vincent Gallo
answered on Jan 9, 2019

You can most certainly make that a condition of you agreeing to sign your contract.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: My fiance and I bought a house. He is on the mortgage , both on deed. Can he remove me from the deed without consent?

We live in Michigan

Vincent Gallo
Vincent Gallo
answered on Jan 9, 2019

Only you can remove yourself from the deed.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?

The listing stated brand new water heater and furnace. There was also a note on both saying they were new. After putting in an offer and going under contract we found out during the inspection that the furnace was at least 10-15 years old, and the water heater was 8. We're upset because we... View More

Vincent Gallo
Vincent Gallo
answered on Jan 8, 2019

Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a Mortgagor gives a Mortgagee a quit deed for a property does that void and release the property from the mortgage?

I am looking to purchase a property that had been previously mortgaged to a trust with a group of other properties but since then the trust has issued a quit deed to the person that mortgaged the properties. There is no release from mortgaged filed with the county so I want to make sure the... View More

Vincent Gallo
Vincent Gallo
answered on Jan 4, 2019

Maybe, maybe not. Mortgage is often times contain non-merger clauses.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mom died and left the house to me and two other siblings the house is paid for I want out of the property
Vincent Gallo
Vincent Gallo
answered on Dec 30, 2018

If you own an undivided 1/3 interest in the real estate, then you are free to convey it to whomever you want, provided that the grantee wants to accept your 1/3 interest in the real estate.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I own my property and paid the taxes since 2011 but the deed is still in the persons name who gave me the property

The property is assessed at $7900 her estate owes me about $28000. How can i transfer title and deed to my name. There is no escrow or mortgage and im suppose to be her trustee. No deliquent taxes or liens and nobody contesting

Vincent Gallo
Vincent Gallo
answered on Dec 30, 2018

If you were never given a deed for the real estate, you do not own the real estate, irrespective of what you might’ve been paying on behalf of the real estate.

1 Answer | Asked in Real Estate Law for Kansas on
Q: My mom owns a home with a lien. If she makes me a joint tenant, does the lien pass on to me when she dies?

My mom owns a home free and clear. There is an $80,000 income tax lien on it. If she makes me a joint tenant, will the house pass to me without the lien?

Vincent Gallo
Vincent Gallo
answered on Dec 22, 2018

Yes, you will take title subject to the cloud of the lien.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Do I need legal counsel when purchasing real estate (new lot on smith lake) Seller is Alabama Land Sales of Jasper.

The Community Information Summary provided by the seller stated that the "Buyer is encouraged to seek legal counsel regarding any purchase of Real Estate". My loan should be finalized this week. Closing is scheduled by 12/28 "contingent upon final plat approval".

Vincent Gallo
Vincent Gallo
answered on Dec 16, 2018

If you do not have your own legal counsel, how do you know what you’re getting yourself into?

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I moved in with my boyfriend. We bought a house I'm on theach deed but not the loan. What are my rights

We are over and he thinks he can just kick me out. I told him good luck and until I have money to move in wasn't paying anything. Can I do that

Vincent Gallo
Vincent Gallo
answered on Dec 12, 2018

Answer? You own half the house and only he is personally obligated to pay the mortgage. And he can’t kick you out.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: My wife passed away and I want to sale our home do I have to split the money with our children or have their consent
Vincent Gallo
Vincent Gallo
answered on Dec 1, 2018

Answering you from a New York perspective, if you owned the real estate as tenants by the entirety, then the real estate is yours alone to sell.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Can I force a real estate sale if a co-borrower refuses or can not refinance?

I've been on a home loan for 10 years, but only lived in the home for 3 months. I've asked numerous times over the past 9 years for the other party to refinance with no resolution. They agreed to refinance in the presents of a family law attorney 6 years ago, but it was never submitted... View More

Vincent Gallo
Vincent Gallo
answered on Nov 30, 2018

Yes, you would bring a proceeding which is referred to as an action in partition. This would force the sale of the property.

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