I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More
answered on Apr 10, 2024
You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More
I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More
answered on Apr 4, 2024
In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More
There are 4 real-estate properties plus the homestead house.
answered on Apr 2, 2024
There is no legal requirement that the personal representative have appraisals done on the property at the time of filing the inventory unless ordered by the judge. However, if there is any doubt as to the value asserted in the inventory, you will want to file an object to the inventory asserting... View More
I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More
answered on Mar 30, 2024
Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More
Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.
answered on Mar 26, 2024
The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More
What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.
answered on Feb 20, 2024
The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More
If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?
answered on Feb 20, 2024
No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More
Bank transactions reflect transfer of funds on date of home purchase date
answered on Feb 18, 2024
In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More
It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More
answered on Feb 12, 2024
If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More
Hi, I need help and advice on a canceling a real estate brokerage contract without fee penalized My partner and I were trying to look into purchase a home together before marriage. Both of us are first time home buyers and are new to the knowledge of home purchasing. We were trying to get a house... View More
answered on Feb 8, 2024
If you did not cancel the contract within the due diligence period, you forfeit your earnest money. If the $3,000 you reference was your earnest money, you will not be able to get that back. If there were pending inspections at the time of due diligence expiration, your agent should have requested... View More
Never had a rental agreement or paid rent she left 60 day notice and filed for eviction and won because she said she was selling it what do I do do I have options I have to be out by the 12th of feb
answered on Feb 3, 2024
As far as the eviction goes, if your 7-day right to appeal has expired, there is not much you can do about that. Regarding the property itself, you may have some claim to the sales proceeds. It will depend on whether your mother had a will and whether she named you as a beneficiary. If your mother... View More
I share a mortgage with an ex partner that I never married. I paid the down payment as well as every mortgage payment since the beginning. She is now suing me for the house asking I sale the house and give her half. Will the court care that I’ve paid everything? Or does it not matter who has... View More
answered on Feb 3, 2024
It sounds like she has filed for a partition of the property. As a co-owner, she is entitled to half of the property. However, her interest in the property is subject to equitable offset for expenses you incurred individually during the joint ownership of the property. You should be able to offset... View More
answered on Feb 1, 2024
Your brother would be able to sign the property over to you with a deed. However, it likely violates the due on sale clause in the mortgage that prevents the transfer, by gift or sale, of the property without first paying off the mortgage. The lender could then foreclose on the loan even if it was... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 31, 2024
There are several questions that you have posed. The answer to each one is outlined below.
Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to... View More
answered on Jan 28, 2024
If your father died with no will and no wife, all of his estate should pass in equal shares to his children. While your sisters may not be able to take it from you, they can force the sale of the property, in which case none of the siblings will own it. Schedule a free consultation to make sure... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 26, 2024
Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for... View More
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
answered on Jan 3, 2024
It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More
He has a finalized contract and has been paying his monthly payment. He called and they said "escrow" amount increased so they had to increase his monthly payment. "Escrow"?? He has signed final papers on his original loan.
answered on Dec 27, 2023
Escrow refers to the property taxes and homeowner's insurance that are built into the monthly loan payment. If the taxes and/or insurance go up in any given year, the total monthly payment will go up to make up for the shortage. Both taxes and insurance are going up quickly in Florida. If you... View More
answered on Dec 22, 2023
You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More
Deed is currently in my husband's name due to his previous wife passing away but not the mortgage. Her ex-husband is the mortgage holder. I'm not on either (mortgage or deed). If anything were to happen to my husband (Deed holder), will I still be able to stay in our home if I continue to... View More
answered on Dec 18, 2023
It depends on a few factors. If your husband has a will and leaves the house to you, you will likely be able to continue paying the mortgage. However, it depends on the terms of the actual loan as it was written. You will need to closely review those terms. If he does not have a will and you have... View More
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