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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am in lowndes county Georgia which is Valdosta I went to the clerk of the courts the Superior Court to file and record

An affidavit for an adverse possession on the property the people at the clerk's office the court clerk of lowndes county Georgia told me that I had to be an attorney or have an attorney with me present to file this affidavit and I believe that is wrong and it's my understanding that the... View More

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answered on Feb 14, 2024

If you are claiming title by adverse possession, then you will need an attorney to make an effective claim. It is difficult and is usually a defense to an action for possession or title, not filing an affidavit. You may need a deed as a color of title recorded, not what you are trying to... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?

As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out... View More

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answered on Feb 14, 2024

File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

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answered on Feb 9, 2024

The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More

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answered on Feb 7, 2024

You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More

1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. filed eviction against previous mortgagee who is accusing bank of wrong foreclos

I bought a property from xome.com as a second chance foreclosure and after the closing, filed an eviction case against previous mortgagee. She is fighting back saying that bank wrongfully foreclosed the property. Should I file a case against the previous mortgagee, bank or let my title insurance... View More

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answered on Feb 4, 2024

You will need to litigate to a conclusion on obtaining possession. But you take title subject to rights of occupants. Read your owner's title policy. It will not cover many risks. But also hire an attorney to make a claim against the policy. You could lose all your investment as I... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im passenger in a car while the driver made a drug deal. I’m getting charged with same is that possible

The drug deal was recorded. All I did was sit in the passenger seat and I’m getting charged with man., sale, and delivery of sch2 meth. And my opinions are 8 yrs probation and 30 days in jail or take it to trail. What should I do?

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answered on Feb 2, 2024

Hire an attorney to represent you on that felony. Yes, you get charged like everyone else in the car. That will ruin your life. It may be an illegal stop or you might not have had anything to do wit h the drugs. If you did, then you will want to plea to alot less than a felony. Again,... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

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answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

2 Answers | Asked in Family Law, Estate Planning and Probate on
Q: What will happen if someone fights against a will but not legally

If the someone where driving the dead person care even before they died with their permission must they give the car back immediately because the car must be sold

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answered on Jan 30, 2024

If a will is not filed for probate, it means nothing. If no will then the decedent's next of kin own the car. Call your motor vehicle department to see how the kin can have a title issued to them. The next of kin can also call LEOs about the car theft, but their standing is not really... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

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answered on Jan 25, 2024

Apparently Grandmother transferred the property to your Mother. If no other deeds and no will probated, Mother's heirs now own the property because of intestate succession. Yes, she wants you to give up your share or fee ownership. A life estate/ remainder deed might be in order.

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1 Answer | Asked in Real Estate Law on
Q: 4 siblings were left land from parents. 1 died with no will . he has 1 child. can rest of siblings sell land?
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answered on Jan 18, 2024

It appears that the deceased sibling's heirs take his share. Thus three siblings and the former's heirs are tenants in common. Most buyers will want all owners to convey. The living siblings can convey only their interests which is not the fee. Most States require an action with... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: how do I file a quit claim deed to transfer property to a relative ? will that transfer be considered in the "look back"

Have been recently diagnosed with terminal cancer and am indigent except for 1/9 ownership in a property in MA. and want to put in a "quit claim" deed transfer to prevent that from being sucked into the medical payment stuff.

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answered on Jan 18, 2024

The transfer would probably be subject to being executed on by the government agency. But land in another State would probably not be looked at. The lien is usually filed in the County of the owner with medical problems. Get your relative to hire an attorney to handle the transfer.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Nevada on
Q: The POA for my aunt , quit claimed her Deed and now my aunt doesn't own her house. She is 85 and I need to know how?

The guy that said he would help my aunt with her trust, was heard talking to the guy he quitclaimed the deed to. The guy said he would pay him 100k and 3 weeks later the house is recorded as that other guy's and my aunt didn't approve this. They sold it for 300k less then it's worth.... View More

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answered on Jan 15, 2024

Aunt must hire a competent NV attorney to file suit to set aside the transfer. If there is a trust, then the trustee may still have legal title if he did not convey. Attorney In Fact must also be sued for breach of fiduciary duty. Ejectment action may be needed in addition to a Quiet Title,... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Can I sue a title company and realtor for negligence and/or violation of code of ethics/conduct?

I purchased a home thru a Sheriff's Sale-judicial foreclosure. The previous owner had it listed on MLS. I contacted the realtor and title company and informed them of my ownership and auction. Both told me no I hadn't and were told it's a lien.(by prev owner). During the process of... View More

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answered on Jan 12, 2024

You will have to hire a WA attorney to file for Ejectment and Quiet Title. Did you search the title prior your bid? You may have bought nothing, or your sale terminates all liens and claims and you own it free and clear. Time is of the essence as there may be bona fide purchasers involved... View More

2 Answers | Asked in Probate on
Q: The executor of my uncle's estate, if the property was sold was to give me 1st chance of refusal and half of the $ &

didn't do either. Sold the mobile home and property and I got nothing, and it was instructed in the will, what can be done?

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answered on Jan 11, 2024

Was the Will Probated? If not, it means nothing, and there is no executor. If there was a probate, then you file a motion to set aside the sale in the probate case for grounds. The fiduciary has breached his duties and might be removed. If so, then he is potentially liable for his property... View More

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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More

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answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

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