Full disclaimer: in 2009 I filed for chapter 7 and this property was supposed to be discharged. fast forward to now and I just found out that I'm still on the tittle and it was never sold or foreclosed. I've received an offer to by the property and I'm not sure what to do.
answered on Apr 6, 2018
I gather that you have a poor understanding of the process of a mortgage lien. You need to consult with an attorney near you that will encompass solutions for you to be able, with the lender's permission, sell the home. Typically this is called a "short sale" if the lender has to... View More 
About 10 days ago or so, I submitted a question and I'm confused about the answer
I was married in NY 19 years ago and my husband abandoned me and moved to Germany! 2 years ago , I moved to Florida and bought a house ! I'm now ready to sell that house but I am still legally... View More
answered on Mar 22, 2018
you are totally confused.
No ifs' ands or buts' - your husband must join in the deed to sell the house. PERIOD.
No quit claim deed will work if this is the house you called your permanent property.
In Gainesville, Florida
answered on Mar 3, 2018
Someone needs to look at your lease. But also you use the words "put out".
The 3 day notice for non-payment of rent says if you don't pay it in 3 days the landlord can start eviction proceedings. In reality the 3 day notice is the first of 4 steps. The next step is an... View More
Delivered a 3 day quit notice and said if we're not out in 3 days he will sit our stuff on the curb. The notice says according to California law, but we're in Florida. Please help
answered on Mar 3, 2018
Your landlord sounds like they either don't know the law or don't care about the law.
You cannot be put out except with a court issued writ of possession. There are some exceptions (like hotel rooms).
The only Florida 3 day notice is for non payment of rent - and that... View More
If none of them had a will and my mother and father died first , then my uncle ??
answered on Feb 20, 2018
If this has not happened more than a few years ago (like two or three), the the house may still be owned by your family.
Assuming your grandfather's house was transferred by probate or deed to your relatives, then upon the passing of your parents it went to your uncle. However none of... View More
I then liable for the 2nd lien on the property or does the foreclosure & bankruptcy process eliminate my liability?
answered on Feb 5, 2018
You did not mention where the bankruptcy comes into the picture.
In a foreclosure the priority of the lien of the mortgage that filed the foreclosure is the key important factor.
If the foreclosure is by the first mortgage then this foreclosure would eliminate the second mortgage if... View More
Here's what Declaration of Condominium says:
5.1 Unit Boundaries. Each Unit shall include that part of the condominium property lying within the vertical and horizontal boundaries of the Unit as established by the condominium plat as set forth in Composited Exhibit "B", which... View More
answered on Feb 7, 2018
We have a lawsuit going on about this same thing. Inside the drywall (inside meaning the back of the drywall facing away from your unit) to the outside of the outer wall is owned by the Association, according to your recited document language.
my mom passed away in 1997, we ( my mom and myself) bought and lived in condo in fl at that time. She had no will, and I was the only one paying the mortgage and bills. now I want to sell the property and am told I have to go thru probate? not sure how or what I need to do?
answered on Feb 4, 2018
Maybe you have to go thought probate - it depends on the deed you and your mother had and the wording in that deed.
An attorney should be able to quickly determine what you need to do. It could be as simple as recording a copy of your mother's death certificate.
Because we were still married at the time he purchased the house, I was told I had to sign the papers with him when he bought it. Does this give me any rights to his house? Should I have my name removed from this now that he has owned the house for over 7 years?
answered on Jan 21, 2018
Your language in your question is problematic.
Your husband purchased a house and you are on the deed as a grantor (that means one who sold it - grantee would be one who bought it)?
Your husband still owns the house?
If your husband bought the house during the marriage, then... View More
Hi, we sold a home that is in an open estate. The home has a mortgage. The title company missed the mortgage and sent the check to the executor of the estate.
An acquaintance of ours told us not to pay off the mortgage at this point, that the title insurance will have to pay off the loan.... View More
answered on Jan 18, 2018
I have been down this road on the part of the buyer. Here is what is going to happen:
1. Title company asks for money back to pay mortgage.
2. You refuse.
3. Title company provides a title claim to the title underwriter.
4. Title underwriter attorney sends you a... View More
My dad died 6/25/17. He had a triplex with month to month renters living there. 1 of the renters keeps telling us that he only charged him $350 a month, my dad told me he also charged for his part of the electric which comes to about $100 if he couldn't pay my dad would let him work around the... View More
answered on Jan 18, 2018
Month to Month tenancies can be terminated by giving written notice of termination of the tenancy to the tenant by mail or personal service (including posting on the residence front door). The notice must be provided at least 15 days prior to the next date the rent is due.
If the tenant... View More
This man has made it to wear he legally lives in my home. I've asked him to leave on many occasions. He won't leave now he is trying to move a girl into my house I don't even know these people. The police are no help to me. It's like I have no rights to say anything
answered on Dec 30, 2017
Squatting is illegal - but not necessarily criminal. YOu need to find a real estate attorney in your location to go and file the appropriate legal action to have him removed.
that same day she answered to me on a text saying the sellers accepted your offer,next morning she tells me she received a cash offer and they decided to go with that one instead?, can I make them liable of accepting my offer first???
answered on Dec 29, 2017
Any agreement concerning real estate must be in writing, be signed by all the parties, and contain the essential terms of the agreement, generally:
Who
What
Where
When
How Much
I doubt that your text message contained all of these elements.... View More
I'm purchasing what was a fractured condominium. Majority owner owned 11 of 12 units, minority owner owned 1. Both have agreed to sell and closing will happen on the same day. Since I will own all units, I want to dissolve the condo association and run as an apartment building. To someone with... View More
answered on Dec 17, 2017
The estimates are in line with my experience.of doing this. What seems simple is also time consuming and requires proper documentation.
An experienced real estate attorney should advise you and undertake to do this right. Any wrong move could cost you far more in real dollars and... View More
With the permission of my builder I bought lighting for my home on my own and not through the builders vendors. I delivered it to the worksite under direction from the builder and at the time he designated. The site was then secured by the project manager. The night before the lights were to be... View More
answered on Dec 16, 2017
Essentially, if the builder did not put the lights there then his insurance probably wouldn't pay anyway. You putting your lights on the property would come under your insurance policy for theft of personal property. It may be made under your existing homeowners policy. Have a talk with... View More
Is that legal? Which also led to illegal eviction 10 days after hurricane. I have pictures and i also have the actual original numbers that was on address. Which are1215 due to his scam of tenants it has left myself, child, and uncle homeless and in a situation that is wrong and a careless act of... View More
answered on Dec 15, 2017
Only the United States Post Office can change an address.
If the address was changed on the house by the landlord, alert the post office and the postmaster should handle the matter. You can also notify the local government building official
My father had a living trust wherein my step mother could occupy home till her passing. Now that she has passed we went to the home and found that her son is staying there but has taken no action to vacate the premises. There is a lawyer who has the funds to relocate him from his mothers trust but... View More
answered on Dec 14, 2017
There are some facts that have to be determined, but the probable remedy is a detainer action - which is a lawsuit to remove someone in a home that is not under a lease, but his legal authority to remain there has ended.
Seek a real estate attorney in the county where the property is... View More
It is presently rented out. When unit is available, I want to move back in. Is this ok? Can I be evicted or charged rent by my expartner?
answered on Dec 7, 2017
Without knowing more I would presume you and your ex are "co tenants" of the property, meaning you each own a divisible one-half interest.
If you can, you should try to get your ex to deed his/her portion to you. Failing that, if you moved into the house you would be paying half... View More
Borrower died 9 years ago. I own the property. I foreclosed the HOA lien. Took subject to the mortgage. Now mortgage company foreclosing but no estate has ever been raised and no personal representative named. They advertised for constructive service but they then filed an affidavit stating no... View More
answered on Dec 3, 2017
As others have stated, the answer is yes.
The lender has some options on how to proceed to foreclosure on the home. You acquired the home through a foreclosure sale by the HOA. The mortgage still outstanding may or may not have priority over the HOA lien. An experienced attorney can... View More
It is a special warranty deed in my name and hers but does not have the phrase "tenents by the entirety " or tenents in common". Nothing other than our two names as buyers. Will she automatically receive the house when I pass without going through probate?
Our wills leave... View More
answered on Dec 3, 2017
This is a relatively easy remedy. You and your wife merely need to deed the house from each of you to each of you. Sounds stupid but that is about it. You will be naming each other as husband and wife of the other in the new deed.
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