She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »
answered on May 31, 2023
My recommendation is to hire a CA attorney that handles real property litigation. He should search the title, read your policy, and make a very precise Claim against the insurance co. The Note is not your obligation as you did not sign it, but apparently there is a secured debt against the... Read more »
My mother inherited land from her husband's passing away in 2017. However when she attempted to sell some of the land, the purchasing party had a tile attorney who claimed that there is a title discrepancy. My mother has court records dated May 28, 2020 that indicate that she is SOLE OWNER of... Read more »
answered on May 31, 2023
Hire a local LA attorney to search that Title. That Court Decree may not have had a certified copy placed in the records office in LA as a source of title. Whatever the case, you need a LA attorney to advise you/Mother: it may involve: heirship determination, which I think is called... Read more »
I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?
answered on May 31, 2023
If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.
Policy shouldn’t I just get a liability policy for the land?
answered on May 31, 2023
You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... Read more »
I'm retired Is there a type of trust (estate, family, exec) that I can put all my real estate holdings, income generated from those properties, dividends received from my company (I still own a % in form of stock and receive quarterly) and various other income generating assets. I would... Read more »
answered on May 26, 2023
There are all kinds of Trusts. The most important issue is who the Trustee is, and who will be the Successor Trustees. I do not recommend putting everything into one Trust, which many Estate Planners will do. Real Property can be placed in a Trust, or better, a future interests Deed can... Read more »
I still farm the land and the city says i can not build a new barn. Can they rezone my land?
answered on May 25, 2023
You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... Read more »
property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?
answered on May 25, 2023
You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »
After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.
I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.
answered on May 23, 2023
That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... Read more »
Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »
answered on May 23, 2023
I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »
I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds. No... Read more »
answered on May 22, 2023
You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do. Jurisdiction may be a serious problem, requiring an attorney to file a Federal or State Suit in a faraway place. It appears that you do not... Read more »
I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?
answered on May 18, 2023
You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... Read more »
98 promissory note signed for two acres.
2001 mother sold one acre back to owner who financed us. $41000 both acres 2001 modification to promissory note states new loan amount 25000 also note states we returned one acre releasing it back. I never signed anything agreeing to this agreement... Read more »
answered on May 15, 2023
You are going to have to hire an AZ attorney that does real property litigation, not a title co. The Title needs to be searched, and if possible the original instruments need to be examined. Despite your disputes, the Notes and taxes must be kept current during litigation. Otherwise the... Read more »
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »
answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... Read more »
Vacant land.
answered on May 11, 2023
No, unless you can sell by Quit Claim Deed. The Deed of Trust is probably recorded and will be a Lien in a title search. The SOL on the underlying Note probably needs a few more years as it runs from the last payment made. You might be able to clear the Title with a Quiet Title Action, but... Read more »
Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday... Read more »
answered on May 11, 2023
Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... Read more »
answered on May 10, 2023
Hire a PA attorney to file a Quiet Title action. You must prove that the Note was paid in full. It can be difficult to serve old lender/noteholders, so publication notice may be necessary. When you win, you must draft a precise proposed Judgment, which you will record a certified copy... Read more »
We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.
answered on May 9, 2023
That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... Read more »
Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase... Read more »
answered on May 8, 2023
If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all... Read more »
answered on May 4, 2023
The named beneficiary of the annuity death benefit needs to make a claim with the insurance co. directly. Usually annuities are not estate assets but an estate fiduciary will administer them as additional duties since they have letters. If no results quickly,then sue the ins. co. for the money... Read more »
Company has not offered to pay and lawyer has not offered to collect. It’s my wages for 1 year
answered on May 3, 2023
If you have a money Judgment from a TN Court which is final on appeal , then hire a TN collection attorney to collect. It will not be easy unless you can garnish a local Hamilton Co. Bank Account. You may need a WI collection attorney to register the judgment then garnish/execute. It may take... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
