Yes, but bear in mind that you can only sell what you own. If you could find a buyer for a 1/9 interest in the property, then the buyer would receive only your 1/9 interest, so it would be unlikely to find such a buyer, but probably not impossible. Best of Luck!
Your judgment is automatically recorded in the public records, but in order to create a lien against real property, you must go to the Clerk and purchase a certified copy of your judgment and re-record it in the public records. That would stand as a lien against real property and attach to any...Read more »
Your purchase Contract should have a provision for an inspection period. Hopefully you are still within your inspection period and if so, under the terms of the Contract, you should be able to give notice to the Seller, cancel the Contract and get a refund of your deposit. It may be worth your...Read more »
Updating his will and living trust and our attorney here in Cali says we need the legal terms for a transfer of deed (I think) and since she is not licensed in Florida, she needs a referral. Hope that makes sense.
A Florida real estate attorney will be able to coordinate with your California attorney to make sure everything is taken care of in accordance with your father's wishes and in the proper manner. Jennifer
I agree with my colleague, the owner can deed the property subject to the existing mortgage, but know that the original owner is still liable for the debt owed against the property. This is very important because if the new owner does not pay off the current mortgage and the property goes into...Read more »
When my grandmother died, I was left out of her will. A small piece of land belonging to her wasn't included in the will and her other grandchildren, who inherited her estate, want to sell it after it goes through Summary Administration. I want no part of any of it and want to quitclaim and walk... Read more »
I am sorry for the loss of your grandmother and your current situation. If the parcel of property was not included in the original probate, it is still in your grandmother's name (or her Estate) and cannot be deeded to anyone until probate is finalized. If there is a Petition for Summary...Read more »
It's a little more complicated than a "yes" or "no" answer. Generally, "yes" you would own something, but it could only be a partial interest. I would need more information to give you a good answer, such as does your husband have a Will? Does he have children by another marriage? The best bet...Read more »
Current on all payments. The mortgage company will know it is a strategic default. I just don't want a deficiency judgement against me. The house is on the market right now. The value is slightly above the remaining mortgage. I'm just trying to plan ahead if it doesn't sell. I close on my new... Read more »
We have seen actions to collect on deficiencies following foreclosure much more frequently than what we traditionally saw at the beginning of the housing collapse. Hopefully you will sell before foreclosure, but if you don't and a foreclosure action is filed, I highly recommend that you engage...Read more »
I"m sorry for your loss. You can continue to make payments, but there is no guaranty that the mortgage company won't call the loan due. Most mortgages have a Due on Sale clause that allows the lender to call the loan due if there is a transfer of ownership. In this case, since your Mom has...Read more »
I'm sorry for your situation. It's possible you can re-open the family law matter and ask for the court to enter an Order transferring the property into your name. You will need to schedule a consultation with an attorney to determine the exact options available to you. Best of Luck! Jennifer
I am sorry for your loss. You will want to discard food items and trash. The personal items are technically part of the probate estate and would normally be distributed by the terms of the Will or Florida law, by the court or by an appointed Personal Representative. Sometimes a probate isn't...Read more »
I was living with my now ex fiance for two years. He served me wit a Complaint of Ejectment on April 5, 2018. Before this time, I never recieve any type of documentation from him asking me to leave. I asked him to provide me with enough time to find another place to live. I even asked him to... Read more »
I'm sorry for your situation and I understand your frustration trying to negotiate resolution with someone that refuses to negotiate! An ejectment action is basically an eviction against someone that does not have a lease. Your ex will have to schedule a hearing, so you will have your opportunity...Read more »
From what I understand you deeded property to your Dad and Stepmother and now they have both passed. Since your Dad passed first, the property most likely automatically went to your Stepmother in 2012. The question would be whether your Stepmother left you in her Will. If not, you do not likely...Read more »
Brother left considerable debt (about $20,000). Bo's only assets are a 25% ownership in a home in Ocala (the house was inherited from our mother; my two other brothers and I own the other 75%), and an automobile. Probate attorney filed the probate petitions in January 2017. After 16 months and... Read more »
I am sorry for your loss. Your best bet would be to review your case with a probate attorney, but generally, if the creditors fail to make claim against the estate for payment within the 90 days, you may not need to negotiate repayment terms and there are certain exemptions allowed for different...Read more »
I spoke to her and told he I had no intention of selling the property but I was stuck in CA because of trustee issues. Property is in hernando county. She don't care just wants commission and said market hot and she can sell it. But for me she wouldnt have gotten first sale to me commission as it... Read more »
This sounds like an issue that may require more than a web post to give you a good answer, but it appears that you are the beneficiary of a trust and you are not happy with the trustee, in which case, I would recommend you take action to remove the trustee before entering into any contract or...Read more »
I'm not exactly sure! Collection companies are known to use creative means to collect debts and this sounds like it could be one of them. The fact is, a collection company can only call and write demands for payment and if you inform them not to contact you by phone and request that all...Read more »
My father died when I was young I was suppose to get the money at 18 but my mother ask the court for guardianship of the estate they granted it but said for me to come back to terminate it now shes unreachable I'm 21 and I dont know how to get my money. My mother is the guardian of the estate and... Read more »
It's hard to say without reviewing the documents that have already been filed, but the Judge should be able to hear the matter and make a decision to terminate the guardianship. You will need to hire an attorney to assist you. Best of Luck! Jennifer
As long as there is no Contract, the Seller could take the house off the market and the person making the offer would not have any rights. If there was a Contract or if the person can prove the Seller is discriminating against the potential Buyer by not accepting the offer, but is continuing to...Read more »
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