You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More

Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More

As a married couple, I assume you held the deed as "tenants by entireties." Upon his passing, you became sole owner (there was nothing for the mortgage company to "confirm," it just happened). You can sell it, any time. The mortgage remains a lien and must be paid off at... View More

Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... View More

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or... View More

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty... View More

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

A property manager holding a MREC license is actually subject to MORE scrutiny than a property manager that is not a licensee. I will share from personal experience that property managers get sued, a lot. The issue is not so much whether you must be licensed, at all (a license is easy to obtain),... View More

Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More

The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.... View More

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

There are a variety of options for sharing intellectual property rights. The existence of an LLC is not necessary. You don't even have to share ownership of the existing LLC. It is easy enough to allocate profits and losses from the sale and distribution of a product in a written agreement, or... View More

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

All is possible, with the express agreement of all having rights in the easement. Consider the ill effects on the other property without benefit of the easements. But easements are extinguished by agreement (and payment of money) all the time.

Yes. But you describe two very different things. Are you purchasing the home, and the price is assumption of the mortgage? And what about your father's equity in the house? Is he gifting that to you?

The title company needs this to establish your property tax account. Use of your SS# has become ubiquitous. There is no avoiding. What is your concern?

Do you have an agent? This is part of your contract, in the Property Inspection Addendum (I am also a broker). The addendum includes a tight schedule of notices and requests. Anything in the report is fair game.