Two other owners and myself have sent several certified letters requesting financial records but they wont pick the letters up because they know what they are and don't want to give us the records.
The requirement is that you send the request to the address used by the board of directors or the President. There is no requirement that the board read your demand. Your demand is made whether they read it or not.
Time for an attorney to communicate with them once they have breached the... Read more »
great question -
If there is still a mortgage on the house, the first thing that will happen is the person at the mortgage company that is supposed to monitor these things may be fired.
Second is that the mortgage lien on the house is gone. You have no mortgage anymore - but... Read more »
I signed for a new construction home, now that is almost finished they did a different kitchen, as explained by the seller, the ceiling is low than the offered by the seller, and principal bathroom was offered with two sinks and they put only one.
Not enough information but enough to see you need an attorney to review the contract and the events leading up to entering into the contract. Based on that review it should be able to be determined if you have a chance to get damages, or if you already purchased it, have you waived rights to sue... Read more »
We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... Read more »
This is a great question.
And actually the answer is simple.
Did the seller of the service perform? No.
Did you prevent the seller from performing? No.
Did you pay for a service and not receive it? Yes.
You are entitled to a full refund.
It gets... Read more »
My dad owns a lot in Ocala FL and was sent an unsolicited offer to buy from a firm. He reluctantly agreed to a ridiculously low offer but haven't heard anything in months. Since it's been so long, we consider it no longer valid even though there's no sell by date, and instead would... Read more »
What you signed needs to be reviewed before any comment can be made on what you might want to do. See an attorney to determine if the offer is outstanding, if there was a meeting of the minds and if there was any consideration - all essential elements to a contract.
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From your statement, it does not appear there is a meeting of the minds on you paying for any part of the fence that your neighbor put up.
Although a good neighbor policy might be to pay for a portion of the fence, there is nothing legally obligating you to pay for it, based on your facts... Read more »
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 »
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