Buyer and seller entered into vague offer to purchase property in April. No further word from buyer until seller sent letter in August, stating all offers/ contracts have been rescinded. Buyer then called with closing date, saying he'd sue for breach of contract. Is offer to purchase a valid... Read more »
The seller returned several times a few weeks after the sale to take items from the mobile home yard and patio. Now, over a year after the sale, the seller returned to claim items in a outside shed. In the process,the previous owner cut off a lock on the shed and started to remove items. The... Read more »
What's required is a contract review. In most sale of real estate contracts, there is a provision that items on the property except for a list in the contract convey to the buyer. If not, the common law of bailment probably applies, and the buyer became a gratuitous bailee of the goods. He may not...Read more »
This is actually fairly common in parts of the United States. Baltimore has a long-standing tradition of selling houses that sit on land held by long-term lease. But, such situations can be quite complex. They can also be the basis for a fraud or a non-fraudulent misunderstanding that means you pay...Read more »
I don’t understand your question. If you are the life tenant, you have a right to occupy until your (or the life designee’s) death subject to claims of waste by the remainder-men. If someone else is the life tenant, you have nothing but a claim for waste until the life tenant (or the life...Read more »
The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »
You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they...Read more »
The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are... Read more »
The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the...Read more »
She died very unexpectedly so after settling the estate in VA, my husband came to a gentleman's agreement to allow her second husband to live in the home and pay the taxes. It's been two years though and we feel we need to take possession of the home. We're afraid we've let too long lapse and it... Read more »
You need a landlord and tenant or a real estate lawyer, and then you need to give proper notice to quit. If he doesn’t quit, the lawyer can take it from there. If your “lease” is enforceable because something is in writing, and you gave tenancy for the term of the tax payments, you may be...Read more »
My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »
In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.
My ex-husband and I owned a house in Cecil County, MD, which eventually foreclosed due to him leaving the residence leaving me unable to pay the mortgage on my own. About 5 yrs ago a deficiency judgement was entered against both of us, but I wound up paying it solely on my own. I'd like to go... Read more »
It would be wise to have counsel review the deed and run a title search, because laypeople often are mistaken in their understanding of joint tenancy with rights of survivorship (JTWROS). But, if the property was truly JTWROS, it passed outside of probate to your mother's significant other (who is...Read more »
A "person" doesn't go through probate, because the person is dead. An estate goes through probate. If the estate doesn't go through probate, then property doesn't change title unless the title passes outside of probate, such as a joint tenancy with rights of survivorship, a life insurance policy, a...Read more »
I don’t understand what you are asking. First off, I don’t understand how “part” of an estate is in probate. All probate assets should be identified in the Inventory. If some of your inheritance is outside of probate in life insurance, funds naming a beneficiary, or joint titles with rights...Read more »
My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »
Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her...Read more »
I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... Read more »
It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If...Read more »
You should probably have the contract, advertisements, disclosures, home inspections, and permits reviewed to determine whether you have a cause of action against the seller or anyone else. It is impossible to form a reliable, professional opinion on your remedies without a competent review,...Read more »
I agree with my learned colleague, Mr. Hart, but I think the slant he puts on it is a bit harsh. If you believe the distribution is unfair, why don't you start by buying a consult with a lawyer to review the Will, the Inventory, and the Proposed Distribution. Get an independent view on whether the...Read more »
No one from the rent office say anything and continue to take my current rent, then in June , which was 3 months later they tell me that they filed an unlawful detainer because I still owe for March, it’s almost august
I cannot understand from your posting whether the bounced check caused your rent to be unpaid or whether it was an extra payment. In any event, most leases provide for an additional rental fee for bounced checks, and it is not clear from your posting whether that was resolved. If, when all is said...Read more »
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