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Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?
answered on Mar 19, 2020
I would agree you would need an attorney, preferably an attorney to review what your contract says about the buyer not closing. Not having reviewed your contract but being familiar with most language in real estate contracts you will probably lose your deposit, but check with an attorney who has... View More
Property is located in a gated country club community There is no longer a membership at the country club just as a resident in the community Since my sister and I live out of state and are not affiliated with the community in anyway Once we take title to the property do we have to abide by any... View More
answered on Mar 9, 2020
Taking title to the property is subject to complying with the rules and regulations of the
Homeowners Association.
I am the seller. in the buyer's purchase agreement it indicates seller pay up to 3% of buyer's closing cost including prepaid. Is that 3% of purchase price? my agent told me at time of signing its 3% of closing cost.
now its closing soon the title company calculates 3% of purchase... View More
answered on Mar 5, 2020
It depends on the language in the contract not what your real estate agent told you. 3% of the buyer's closing cost is probably are fairly small amount, most of the time these credits relate to purchase price. If you don't already have an attorney you should probably take your contract... View More
He did sign it over to my boyfriend we efiled the title and the officers said that they couldn't use the copy the dmv gave us He died on the 8th of February when the title was signed on the 15th of January And now the two older children will not let use take the truck off the property it is... View More
answered on Mar 4, 2020
If it is registered in your boyfriend's name, did he apply for a title transfer when it was registered. If so get a duplicate title and then tell the police you have the title and you want to get the property titled to your boyfriend. Other than that you may have to start an action claiming... View More
answered on Mar 3, 2020
Well first of all if a formal administration is needed where you would be the personal representative, by law, you must have an attorney to represent you. If a formal administration is not needed you may be able to administer the estate without an attorney. The best solution would be to have a... View More
We are not married.
answered on Mar 2, 2020
Although this is possible, the lender would probably want both title holders to execute the mortgage, which agrees to the lien being on the property and only one of the owners signs the promissory note associated with the mortgage which is the agreement to pay the money secured by the mortgage lien.
For him to be 100% owner I secured a line of credit on my home to pay off the other party on his behalf. Now a few years later he is about to get married. I never added my name to the home even though the loan was taken for that sole purpose. He has been paying the monthly loan.
What can I... View More
answered on Feb 27, 2020
You have always been at risk on this loan since it is on your property, not his, and you are the only person obligated to pay the loan. Failure to pay will result in a foreclosure of your home, not his. You should see a real estate attorney as to what you need to do to secure a mortgage on his... View More
answered on Feb 26, 2020
Is the mortgage a reverse mortgage? If so if the heirs don't have the ability to pay the mortgage balance in full the property has to be sold to satisfy the mortgage. Trying to change the title will not prevent this.
Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.
answered on Feb 26, 2020
There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.
We have Hyphae and Stachybotrys, in the air and the HVAC unit. We also had/have termites in the master bedroom. We want to break the lease but they are blaming the mold on us when it was not us, and we have some photo proof as well. We would preferably like to break the lease within the next... View More
answered on Feb 25, 2020
83.56 Termination of rental agreement.—
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant... View More
We have split all remodeling and maintenance costs 50/50. The relationship is no longer working and I want to sell the house to get my money back so I can move on. Can he refuse to sell the house. If he wants to continue living there, can I require that he pay me for my half or am I just out the... View More
answered on Feb 21, 2020
You will need to file a partition action to force the sale of the home. If you move out even though you are now a 50% owner if he is solely responsible for maintaining the home, paying the taxes etc., when it is sold, or if the partition action goes to trial he may be entitled to more than a 50%... View More
WE refinanced the house after we were married Nd I had to sign all the paperwork as spouse. My husbands health is failing 20 yrs later, does his daughter have a claim to our property?
answered on Feb 21, 2020
If your name is not on the title to the property, his daughter would have an interest in the property. Signing a mortgage does not put you on the title. If he passes away under Florida Law you can file an affidavit claiming a half interest in the homestead real property and his daughter would own... View More
My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered... View More
answered on Feb 20, 2020
Probate should be filed in County where your mother was domiciled or county where her assets are located.
A woman bought a home in a Florida resident owned 55+ manufactured home community. The boyfriend (partner) moves in with her and wants to have voting rights in the community. In order to do, he must be on the property title. She adds him. The relationship has now gone sour to the point she is... View More
answered on Feb 19, 2020
Unfortunately he would have to sign a quit claim deed to be removed. The other option is to file a legal action such as a partition, which unfortunately can be very expensive. When buying property with others you should have agreements which cover what happens when the relationship fails or one... View More
Both husband and second wife are deceased. No new deed was recorded after house built or divorce. Mortgage in deceased husband and second wife. Who has legal right to the real property; the ex-wife and children or the second wife and her children?
answered on Feb 18, 2020
There would need to be a probate proceeding, maybe 2, for the last person that passed away. The divorce decree might indicate who has title and/or possession to the house and the property. But there would have to be a probate to determine who has the right to title and possession of the property,... View More
Can the girl friend write a letter after closing stating she will forgo my sons responsibility for the mortgage if they break up?
answered on Feb 18, 2020
If they purchase the house with both of them approved for the financing, it will be solely up to the bank to agree to remove one from the mortgage obligation, in these situations the house would need to be refinanced to be solely in the name of the person retaining title or the house would need to... View More
We used anchors to hang TVs, pictures etc. and we did our absolute best to try and patch up and paint over however each and every patch/repaint location was marked by our landlord for as he puts it "repairing all the walls that were damaged with the sloppy patching you did throughout the... View More
answered on Feb 18, 2020
Well we don't have any statutory authority of what actually defines normal wear and tear. I would think holes in the wall would not be normal wear and tear but that depends on the overall condition and what your landlord has to do to cover up the attempted repairing of the holes. For future... View More
My son and I bought two properties and both names were put on both deeds. We were told by the title company it was the best way to go. Anyway my son is selling his so I want to remove his name from my deed. He has agreed to this.
answered on Feb 17, 2020
If it is your homestead and you did not report changes you should not lose your homestead exemption. Usually when we do a quit claim deed such as this we indicate that whoever retains title via the quit claim deed reaffirms that it is still that person's homestead.
Quit claim deeds... View More
We recently moved out of a rental home and our landlord is looking for reasons not to give our security deposit back. We have been out for two weeks, and he sent photos of “water damage” That a “water damage specialist found”. He said the water marks show that water came from the window... View More
answered on Feb 17, 2020
This sounds like some sort of structural problem. If landlord does not want to give back deposit over this you will need to file small claims action and will probably need an expert to give an opinion on whether the damage was caused by you or some sort of defect in the building itself. Now the... View More
Buy or move so he can sell. I cant afford to buy and am struggling to find a suitable place for my family and I. He posted a letter demanding I do not pay feb rent and move out. I have always paid by 15th but tuesday was served papers thay he is evicting me for non payment. What are my rights... View More
answered on Feb 13, 2020
Rent to own arrangments are not really used in this day and age since mortgage financing is readily available and when they are used they are usually not memorialized correctly. Normally you only have a certain period of time to exercise this option and to be enforceable the terms must be in... View More
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