David Thomas Wagner's answer It depends on how title is held. If title is held as Tenants in common (refer to your deed to determine how title is held) then the deed of trust is effective as against the individuals divided interest. If the property is held as tenants by the entirety (common for married people) then the lien of the deed of trust is defective. The obligation under the promissory note is valid but the lien on the property is not. It would be very unusual for a lender to loan money to one spouse without having...
David Thomas Wagner's answer If the original debt is in her name only and the property is owned/titled in both names as tenants by the entirety or joint tenants then any judgment against her individually will not attach to and become a lien against the house.
David Thomas Wagner's answer Generally the contract needs to be signed by both parties to be enforceable. Electronic signatures are permitted but simply emailing a contract to someone does not bind them to the terms of that contract.
This response is intended only as general information and is not intended as nor does it serve as legal advice and no attorney client relationship has been established between the poster and the responding attorney. The poster is advised to retain counsel of their own choosing before...
David Thomas Wagner's answer The answer is, probably not. In many jurisdictions in order to be considered a "bedrooom" a room must have a window of a certain size and be a certain size. The specific requirements of your jurisdiction will determine whether the "storage room" can be used as a residential unit.
David Thomas Wagner's answer The 3 day right of rescission is not waivable. You should try to get an extension of the time for the other deal. If you execute an authorization to disburse funds directly to the third party the title company should honor that and disburse the funds as directed. If you offer to make this authorization irrevocable and the party to the other transaction should be comfortable enough to agree to extend for the extra day or so.
This response is intended only as general information and is not...
David Thomas Wagner's answer It is possible that title company's title insurance underwriter or an owner of the title company still has the files and the original deed although given that it was 7 years ago it is unlikely. More information is needed to determine your course of action. Do you have a copy of the signed, notarized deed? Did you sign the deed of trust?
You should consult with an attorney to determine your best course of action. I can be of assistance.
David Thomas Wagner's answer It is certainly legal although more information is required to determine if that is something your should entertain. Is the family attempting to hide assets from creditors or a spouse? If your family member is just being nice then the funds would likely be considered a gift which could have negative tax implications for the donor. If it is not a gift then it could have negative tax implications for you.
More information is needed to fully answer the question.
David Thomas Wagner's answer You should review the entire contract you signed. It is very likely that you signed off that you had reviewed the master plan. It is unlikely that the failure to disclose the road widening would a breach of the contract by the Seller because the information was public knowledge but it depends on the contract.
You may want to consult an attorney in your county if you are unsure of the terms of the contract.
This response is intended only as general information and is not intended...
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