Lawyers, Answer Questions  & Get Points Log In
Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Indiana on
Q: My parents parents bought a property in Indiana through land contract. Both passed away, they were only ones in contract

The house was completely remodeled by us. We spent 40,000 dollars during two years we lived there. Bought home for 60,000 back in 2018. Moved to AZ while still paying property. PARENTS TRIED TO GET THE Approval FROM OWNERS TO HAVE THE HOUSE PAID OFF BY PARENTS GETTING A MORGAGE LOAN AND PAYING... Read more »

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Jul 4, 2022

I am not sure I completely understand everything that has happened or the current situation, but under Indiana law, the seller under a valid land contract cannot take the property back except through a foreclosure. The property is sold, the seller is paid the rest of what is owed under the... Read more »

0 Answers | Asked in Real Estate Law for Indiana on
Q: So would this make any consolidation of multiple sections under one HOA voted on prior to this bill passing invalid?

An organization claims to have merged all sections covenants in to a single covenant in '91. If this bill legalizing the ability to do so did not exist at the time, does that illegitimize that claim and require a new vote?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Can a lease be renewed with a new landlord if they bought the property from whom our lease was originally signed?

We signed with landlord A who sold the property to Landlord B.

Landlord B is operating through a property management company.

The property management company wants us to RENEW our lease with them, but we never had a lease with them to begin with.

Is this legal?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: If the landlord puts in the lease that he's allowed to come and go as he pleases does that make it legal

I live in the state of Indiana where it says the landlord is supposed to give notice

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: I am buying a mobile home from a park and I pay lot rent. I was told it needs support pads under it. Been here 12 years

I was told it's my responsibility to pay to have the supports fixed. It should've had pads put under it when it was set up. Who's responsibility is it?

0 Answers | Asked in Real Estate Law for Indiana on
Q: Can the emergency possessory orders go into place for failure to allow realtor to view the home?

30 day notice of termination of lease has been served. We informed them of house going on the market and they are refusing access to realtor. We have provided more that 24 hours notice on each requez

0 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Indiana on
Q: I have a friend that did not want to move out i gave notice and they did not leave finall got them out today what now?

My gf and my friend made an agreement without me she allowed him to stay with us for a few weeks it turned into a few months now we want him gone she sent him a 30 day notice thru text is that good enough she even gave him an option to pay this months rent and stay longer if needed but he was being... Read more »

0 Answers | Asked in Estate Planning and Real Estate Law for Indiana on
Q: I need to ask about a property that was sold out of a trust

I actually made a terrible decision and I was under medical supervision and I decided to sell under duress a property can I get it back or not

1 Answer | Asked in Real Estate Law for Indiana on
Q: How can a neighbors deed show a driveway easement for my property when my deed does not. They don't own property behind

They have lots of road frontage on the front side of they're own property

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2022

You are not being clear. But the easement over your property should be in your chain of title.

Vice versa, if you have an easement over your neighbor, it should be in his servient chain of title deeds. Prescriptive Easements arise by use over time. But it sounds like you may need to...
Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: Hello, I have a Real Estate question. How does a quite title work? This needs to be done.

Says the tile company. Some old judgments need to be cleared before I can purchase. Original owner claims he doesn’t have the suggested fee of 2500.00 to get this done. Can someone please give me some suggestions on any options I may have. Thanks for your time

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 11, 2022

You probably should walk away from the purchase as clear title cannot be conveyed for at least a long time, if ever. Consulting a lawyer is the seller's problem and any real estate agents involved have lied to you.

View More Answers

1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: Can a seller put a high interest rate on land contract when he has a letter from Egg company guaranteeing the payment

A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... Read more »

Matthew Morris
Matthew Morris
answered on Mar 27, 2022

There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Environmental for Indiana on
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here

Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2021

An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is it legal for a rental property to include a mandatory internet charge on a monthly statement?

I currently rent a townhome in Fort Wayne and have been informed that I am being forced to start paying an additional $60 a month to an outside company for internet service, which I not only do not want but do not need.

I am trying to understand how this is not a violation of my current... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

The answer is within the lease agreement itself-----does it allow for this charge? Of course, you say no and you may be correct----ask your landlord where in the lease it allows for the landlord to have this charge assessed to you. If, after he shows you the provision, you agree, then that's... Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: I am purchasing 2 lots of land for $8000 and putting $6000 down. Should they be putting at least 1 lot in my name?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 31, 2021

You need to stop what you are doing right now. Hire an attorney to search the title, then draft the deed, note and security instrument. Apparently you only are going to get a lease with option to purchase with your present scheme, and not own anything.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson
answered on May 10, 2021

You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.

https://www.justia.com/lawyers

1 Answer | Asked in Real Estate Law for Indiana on
Q: When must a property owner -servient- notify the other owner —dominant- that he or she can no longer use property

In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 30, 2020

I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.