am i a successor? house was given to me in our decree. what options do i have?
It sounds like you will need to find a co-signer with good credit if you want to refinance. If the mortgage company will accept payments from you, then you can simply pay the mortgage each month and continue to live in the house. Failing that, you may need to consider selling the house to pay off... Read more »
evicting us stating we are at will tenants
If your lease expired according to its terms, then you are tenants at will. That said, you may have some options and defenses available to you. I would suggest you read the information contained on this website: https://ptla.org/covid-19-maine-eviction-rental-housing-faq
Also, here is a... Read more »
I want to buy the land cash I have all the cash for the said land...I do not have a lawyer and neither does she..she just wants it gone and doesn’t wanna spend anymore money I’m not worried about any deed issues or anything as I said she’s a school teacher in town I live in I’m just... Read more »
Providing you with the perspective of a Maine attorney, I agree with Attorney Avery. You are well-advised to speak with a lawyer about your situation. You can explain your situation to him or her and ask for an estimate of the cost upfront.
We are out of state, and want to buy an inexpensive "as is" house in Maine. We want to complete the sale as simply as possible, and we do not intend to travel there for viewing or to sign documents. We're not asking for any contingencies (i.e. no inspection etc.), we just want to buy... Read more »
Although a title company can likely handle everything with respect to closing the sale (but not with respect to preparing a purchase and sale agreement), you are probably well-advised to speak with a lawyer about your situation, especially given that you do not intend to travel to Maine for... Read more »
The documents that I signed clearly state that I'm responsible for the taxes on my mobile home. When I followed up with the town about why I have not gotten the bill, they told me that the landlord/seller (also owns the park) is keeping it in their name and is refusing to put it in my name.... Read more »
It sounds like what you are talking about is a land installment contract, the minimum contents of which are specified in 33 M.R.S. § 482.
33 M.R.S. § 482(1)(K) provides the land installment contract shall contain: “A statement which explains that the contract is not a mortgage and that... Read more »
We closed on the sale of our house August 3, 2020. I called the utility company to find out what the final utility payment would be and was told the payment amount would be given to the realtor to be deducted from the proceeds of the house. The bank only deducted $100.00, not the total amount of... Read more »
Did you receive an extra $374.50 in sale proceeds because the bank only deducted $100.00, not the total amount of $474.50, from the sale proceeds? If so, then you have to pay the $374.50. That puts all parties where they should have been. Plus, your closing documents probably contain language... Read more »
foundation was never safe, tenants werent aware, landlord made them leave, gave them a house to stay in that he is trying to rent out, he is still showing it and will not let us rent it. Tenants not sure if landlord could just make them leave and be done, they have 3 kids and the landlord had let... Read more »
Sorry, but I would need a clearer explanation of the facts before I could venture an answer.
Closing date. Is the contract null and void. Can I legally chose not to move forward with the purchase of the home and look for another property?
The answer will depend primarily, if not entirely, on the terms of your contract with the seller. What does it say about the consequences of the failure of the seller to deliver title on the closing date? That may give you the right to cancel the contract. If you have a broker, you should be... Read more »
Our lives and the house is still in both our names.. She is living there still and i want out of the mortgage without losing my half of the house. What steps do i take?
You would need to refinance the property so that your name is not on the new loan. You will need your ex-girlfriend’s cooperation to explore that possibility.
We are getting ready to close, my husband would prefer not to be on the deed for personal reasons even though the mortgage is soley in his name
The mortgage lender will almost certainly require that your husband's name be on the deed, but you can always ask the lender.
I did agree to pay 875 in text
You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift... Read more »
We closed on our new home a few days back. It stated in our contract the property was to be empty at closing, during the final walk through the seller still had loads of stuff left behind. We verbally agreed to grant an additional 3 days for them to move out. It’s the 4th day their dragging their... Read more »
Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be... Read more »
We purchased a home in 2014. The original listing was posted as 2.5 acres by the realtor. We are now learning that we only purchased 1.3 acres. Do we have any recourse?? We feel we were duped with the pricing of the property.
Yes, you have potential recourse, including without limitation, possible claims for fraud, misrepresentation, and breach of statutory duties, but the clock is ticking. The general statute of limitations in Maine to commence a civil action (lawsuit) is "6 years after the cause of action... Read more »
do I have to refund the pro-rated rent or can I apply it towards the substantial damages?
Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?
First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she... Read more »
I am moving out the first week of June. Landlord said the property manager needs to enter my unit ASAP to film a video walkthrough for prospective tenants. Is this compliant with current COVID regulations? Three unit non-owner occupied residential building in Portland.
The first thing you want to do is review your lease to see if there is any language in it addressing this situation.
As to the COVID issues, on April 15, 2020 the Maine Department of Economic and Community Development (DECD) released new guidance for its previous determination that real... Read more »
Is on Mainecare but say if he needed to go into longterm care could they still try to take the house from me? Even though my name is first?
Generally speaking, when applying for MaineCare long-term care benefits, the applicant’s primary residence will be an excluded asset if:
1. They are living in the home or intend to return home; and
2. The equity in the home is less than or equal to $750,000.
For planning... Read more »
I had a default judgment against me in another state, where judgments expire after 10 years. The judgment expired and I believe its renewal would have required me to be notified, which I was not, so I believe it wasn't renewed. But when it was first obtained, it was registered in my home... Read more »
The general rule is that judgments registered in a new state are treated the same as judgments issued originally in the new state for purposes of enforcement, so it is likely that the 20-year expiration period of the new state applies to the registered judgment (at least as to enforcement efforts... Read more »
Then you still own the property. You should show what you have to the buyer and explain to him or her that he or she doesn't own the property.
What is my recourse? Town clerk says I should let them keep it because they paid prop tax on it last yr. I have paid taxes on it for over twenty years. Taxes are up to date
You should get a copy of the deed so you can confirm who is listed as the seller is on the deed. Then check to see if the seller had a valid ownership or other interest in your 12-acre lot, so you can determine whether the seller could validly transfer title to your neighbor. You may be able to... Read more »
The short answer is yes. Whether you should use a living trust or some other form of ownership to hold the property is a separate question, the answer to which will depend on your circumstances and what you are trying to accomplish.
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