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answered on Feb 5, 2024
Based on your statement, probably not. You stated that the deed is valid.
For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if... View More 
We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More
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answered on Feb 5, 2024
This is a hard one that would require some legal research. Hence, you may want to hire an attorney.
In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are... View More
I bought a single family residence after the seller disclosed the house had a Class 4 roof. My property insurance discount is contingent on having a Class 4 roof. Neither the seller nor El Paso County can provide me with any evidence to certify the roof is Class 4. What is my legal recourse?
answered on Jan 23, 2024
You can hire an inspector to inspect the roof and certify that it is, in fact, a Class 4 roof, and provide that certification to your property insurer.
We were hoping you could direct us on how to locate the proper resource who can help us with a DST/1031 investment issue. The current trustee is changing the terms of the investment and at end will dilute our ownership and disqualify any future 1031 tax benefit. I would appreciate any input from... View More
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answered on Jan 8, 2024
Finding the right legal representation for a DST (Delaware Statutory Trust) and 1031 exchange issue is important to ensure that your interests are protected. You'll need a lawyer who is experienced in real estate investments, specifically those involving DSTs and 1031 exchanges.
Start... View More
Two aunts ,who has done other embarressing actions, also I'm homeless
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answered on Nov 16, 2023
Whoever has title to the home can sue you for possession.
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answered on Nov 13, 2023
This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More
The buy-out amount was calculated as (Home Value - Mortgage) / 2. She now claims because I didn't put any physical money down as you would in a downpayment, that she keeps all the equity in the property when we sell. My name is on title as joint tenant and partition action has been filed,... View More
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answered on Nov 8, 2023
A better question is are you are the title? If so, then her equity argument might be out the window. In short, you need to talk to an attorney to determine if you have a property interest, what that might be, and so on. This could be a potential partition case, breach of contract case, unjust... View More
One partner assumed the original mortgage after divorce. The other bought out the ex-husband using a second mortgage against the property.
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answered on Oct 28, 2023
No partition is a option. Allot of your options depends on the other party, where the property is located and various other facts.
Most partition situations can be handle via contract as well. I would do some research and reach out to an attorney to discuss your options.
If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?
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answered on Oct 30, 2023
It depends on the situation. If there were no fraud, coercion, or contract then you would most likely need the new owner to sign the property back to you. That attorney needs to identify why you transferred the property. If you did so voluntarily then you may be out of luck. But again, walk... View More
Attorney want to sell the house ex-boyfriend is willing to sell as well but there’s a lien on the home for his child support is a way of selling the house and his portion go towards his lien and my daughter’s portion goes to her
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answered on Oct 23, 2023
Selling a house with a child support lien can be legally complex. As your daughter's power of attorney, you can facilitate the sale of the property in Arizona. Negotiating with the ex-boyfriend is a potential solution. If he agrees to sell, you can work out an arrangement for his portion of... View More
The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?
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answered on Oct 9, 2023
Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.
Depending on what you own,... View More
I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More
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answered on Nov 5, 2023
Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.
Regarding the assumption fee, mortgage lenders are... View More
Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?
answered on Sep 27, 2023
Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More
Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More
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answered on Sep 22, 2023
Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.
The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?... View More
My mother's name is on the title and mortgage for the condo I am living in while I pay all the fees. I am set up as a renter with no profits. I am now in a position to take ownership of the property and remaining mortgage. Adding my name to the existing mortgage is not an option. She... View More
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answered on Sep 15, 2023
Unfortunately, this is not an easy situation. If you want to avoid fees, you should probably talk to a tax attorney. I do not think you can avoid all taxes. You may be able to defer taxes or maybe defer then fall into an exception, but Uncle Sam always gets his cut in the end. Your mother could... View More
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answered on Sep 11, 2023
While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records... View More
I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use "their" portion of the adjoined space.
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answered on Aug 21, 2023
The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can... View More
I want to sell the property because I am 8 hours away. Is the lease still valid? Do I have any way out?
* My brother recently passed away.
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answered on Aug 1, 2023
That is a very complicated legal topic. You should contact an attorney.
1st they need to determine who owns the house. Then you need to look at not only the validity of the lease but if you accepted any payments. Next, it depends. But in short, it may not be wise to kick out a potential... View More
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answered on Jul 21, 2023
It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the... View More
deed is still in dead friends name
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answered on Jul 28, 2023
The mother is probably an heir at law of the last owner. She probably has the authority.
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