Divorce final Dec 2020, home deed both names, loan in his only. No equity etc was ordered in decree, he refinanced post divorce and found out my name is still on the deed and wants me to do a quit claim. Decree states must've been done within 10 days. What does this mean and am i able to do... Read more »
You will need to search the title first. Assuming you own an interest, you are probably now a tenant in common with another. Depending on what you and your attorney decide, you may need to file actions for Quiet Title, Ejectment or even a Partition. And someone will have to pay taxes, note...Read more »
Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.
You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.
My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... Read more »
It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the...Read more »
He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... Read more »
our bid was beat. SO then the real estate agent told us this was one and done going tpo be the fnal bid. AS he went back to original bidder who was rejected and he gave new offer which we then bid our best offer assuming we were the final bid as he had said. Only to receive a call that said we lost... Read more »
The obligations of a broker to buyer and to seller may vary based upon whether they are a seller's broker, buyer's broker, or a transaction broker. The duties of the different types of brokers are summarized by the Kansas Real Estate Commission on the following website:...Read more »
A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would...Read more »
It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the...Read more »
My 2 Aunts signed their rights to my cousin for my Grandmothers land but my mother does not want that. She wants to keep the land in her Mothers name. What can we do to ensure her rights on her Mothers land and for my cousin not to own 2/3rds? Also is it legal for my cousin to own 2/3rds if my... Read more »
The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common...Read more »
My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?
Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may...Read more »
Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is...Read more »
Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $
Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.
I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.
Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not...Read more »
If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If...Read more »
It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The...Read more »
Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of...Read more »
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