I recently brought a property from county foreclosure auction and just got the title. There is someone currently living there that's not the previous owner or a tenant. I normally go through the writ of possession with my attorney but in this case do I even need a writ???
simple answer is YES.
Fortunately you are granted the right to a Writ in the final judgment. Otherwise you would have to have filed a separate lawsuit for ejectment, eviction or unlawful possession.
My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?
Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.
My bankruptcy was discharged 9 yrs ago & I did not reaffirm my mortgage. I continue to live in the home and made all pmts timely w/APR 4.625%. My credit is in the mid-700s but lacking variety due to no mortgage debt. Although the obligation was removed, I missed the opportunity to demonstrate... Read more »
Is this the first house you are buying? Sounds like it is not. Therefore you are not buying a first home.
If you want to keep this home, that still has a mortgage on it, then refinance the mortgage at today's low interest rates.
Lastly, I don't understand the last... Read more »
If I stop paying on the line of credit because its been discharged, can the keep accruing interest and late charges
It depends on they type of bankruptcy you went through and what the plan included. If it was a Chapter 7, then the liability to you was discharged but the lien remains on the property. If you don't pay, there will be a foreclosure. The difference is if the judgment is greater than the sale... Read more »
Seller is a realtor holding escrow hostage in an attempt to get us to be her client after refusing to negotiate sales price after low appraisal ($20,000 too low). First said she would return the money, now claims we are not entitled to it.
Depending on the contract, you may be able to get the funds returned if the requirements in the loan commitment are not satisfied as they relate to the property. The appraisal falls in that basket of requirements to be satisifed.
But as I said - it depends on what the contract says, and... Read more »
As stated by others, you need an attorney that can handle the probate of the two estates. The problem is to get the property transferred to whomever it is supposed to go to - whether by Last Will or by Statute (or possibly by the way the deed is written or any trust owning the property), you will... Read more »
Interesting you say this is Civil Rights. I am not sure what civil right you refer to. There is no civil right to put your neighbor in harm's way. "Do unto your neighbor as you would do unto yourself." Does that sound familiar?
So with that in mind, the Association most... Read more »
I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.
"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... Read more »
The answer is simple and you wrote it in your question.
I understand the adoption fee is a donation and is non-refundable for ANY reason other than a vet's written confirmation of the pet being terminally ill within 7 days of this adoption.
So you did not "pay"... Read more »
We did the walk thru yesterday to discover the seller had removed the two items. Have the sellers defaulted on the agreement and do we have the right to cancel and get our deposit back?
The inclusion of the washer and dryer are material to the contract. Therefore if the washer and dryer were removed, you don't have to close as the seller has breached the contract. You can set the condition of closing to be that the same or better washer and dryer are replaced and put in the... Read more »
she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.
True, you don't need a realtor - and that is because you already have a buyer and seller agreeable to the transaction. But you absolutely should have an attorney to draw up the contract and the closing documents and perhaps supply you with title insurance, if appropriate, or a title search to... Read more »
i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19
There is no Covid-19 related law or regulation that affects this type of financial obligation. The due date is the due date and any extension is up to the association. Your question is unclear but it seems they denied your request. The association has its own obligations and that is why the... Read more »
Can 1 of those joint tenants transfer their interest to a third person without the other joint tenant's signature?
The answer is yes. And it can be done without telling the other joint tenant. That is one of the little known drawbacks of joint tenancy. Just understand that the property interest sold in your case, would be 50%.
I bought a single family home with a known broken ac. We wanted the ac fixed but the ac company could not come for for 3 weeks so we elected not to delay closing and just set aside money in an escrow hold back to repair and service ac post closing. Our closing attorney held the repair money in... Read more »
If your escrow agreement was well drafted, the answer should be yes, the escrow agent had no business releasing the funds unilaterally and is responsible for a gross breach of its duty as an escrow agent.
Were to happen to him (God forbid), what would happen to the house? Would it go to our children (they're only 6 and 3)?
He recently got in a car accident, and luckily was ok, but just got me thinking about the future! Thanks!
It would be best if he transferred the property to you and himself, as husband and wife. Then upon the demise of the first of you, the other spouse would have full title to the property. Without your name on the deed, you would get a life estate in the property with ownership to your children,... Read more »
A lender reported to credit agency during COVID 19 Forbearance. It negatively affected a refinance and canceled closing. I was informed it would not be reported and would not negatively affect us in anyway since we are current. Did they break law reporting it and affecting my refinance that was... Read more »
From the Consumer Finance Protection Bureau:
Credit reporting under the CARES Act
The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act places special requirements on companies that report your payment information to credit reporting companies. These... Read more »
This can be done rather simply with the proper wording in the deed you receive from the seller. An attorney representing YOU should be used to get it right. You may also want to take it one step further and prepare and execute a Last Will and Testament and/or a trust to hold your interest in the... Read more »
I can tell that you are not giving us the whole story.
I very much doubt that owners are prevented from accessing their units. But the use of the unit can be restricted. The building can decide to put itself on "lock-down" to protect its residents. in the covid-19 world,... Read more »
payments to our original loan.
Is foreclosure required instead of eviction?
If so, can we do a DYI Foreclosure, i.e. - file all required documents, appear in court, etc.
I do not expect the buyer to contest the foreclosure (or hopefully, the eviction) as he cannot afford to make the payments.
The answer is a foreclosure.
Filing a residential foreclosure is a mind field of regulations not to mention the law. These regulations are all to protect the borrower - not you as the lender!
Get an attorney and do it right - it should only cost a few thousand dollars plus some... Read more »
Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job... Read more »
The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... Read more »
My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney
My condolences on your loss.
An examination of the deed in which you and your siblings own the property needs to be made. If the ownership was by survivorship, then you do not need to probate the sister's estate. If not, then probate to authorize the administrator to sign for her... Read more »
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