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Louisiana Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Louisiana on
Q: Good afternoon! I have a questions about tiny home. Thank you!

I'm looking to buy a tiny home but the dealership that I am speaking to said that it is not legal in Louisiana to live in a tiny home that is on wheels. Is there a difference between a tiny home on wheels or a mobile home on wheels? I would like to be able to transport my tiny home once we... View More

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: I bought a tax lien from the city of New Orleans in 2013.

I invested some money into cleaning it up and maintaining for a year. I never heard from the owner and let it go as a bad investment. The owner has reached out to me wanting to redeem the lien. In the meantime, someone else bought the lien again. So two of us have a lien on the property. The second... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations like this, consulting with a real estate attorney who has experience in tax lien cases is advisable. These professionals understand the nuances of property law, tax liens, and redemption rights. They can help you navigate the complexities of your situation, including the implications... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

James L. Arrasmith
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answered on Mar 26, 2024

If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How can I find out if my name was on a house my mom left me and my sister when she died
Anthony M. Avery
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answered on Feb 11, 2024

Hire a LA attorney to search the title in the county where the house is.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: If my dad died with no will and left an estate, how does it work?

I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 9, 2024

I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I want to take out a 2nd position loan on a property in Louisiana, do I have to notify the first position lender?
Anthony M. Avery
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answered on Jan 25, 2024

Better read your present mortgage and note as it might have a due on sale clause. Violation could mean foreclosure. Or there may not be a prohibition on junior priority liens. Check first.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 8, 2023

Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife and I bought a house in Louisiana in late April. We are planning to build an addition.

The neighbors house is several feet over the property line. What can I do about it?

Anthony M. Avery
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answered on Nov 28, 2023

You and your predecessors in title have probably already acquiesced to the new boundary. It will be ascertainable at least by the physical house. Consult with a competent LA attorney. A boundary line agreement might net you some of the neighbor's land for you giving him the property upon... View More

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can I actually buy a house or car using the 5M$ that is attached to my S.S. #?
T. Augustus Claus
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answered on Nov 10, 2023

No, you cannot buy a house or car using the $5 million that is attached to your Social Security number. This is a common scam that is used to steal people's money.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general...
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1 Answer | Asked in Real Estate Law for Louisiana on
Q: To answer the response, I did a pro Bono divorce. They didn't do house ownership.

So how can I get his name of my house?

Anthony M. Avery
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answered on Nov 13, 2023

Apparently you should not have got a divorce until the marital real property was dealt with. Prepare a quit claim deed for him to execute in front of a notary. If not, either sue for contempt to enforce the divorce decree or file for a Sale For Partition. I suggest you hire a LA attorney now.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: Hi, me and boy friend at the time buying a house, we got married in 2013, separated in 2019, that's when he abandon me

and this bills he left me with mortgage and all.

Got divorce in 2021 because he was cheating and I bust him, so I filed for divorce. I asks him for help me with mortgage, I got hurt at work and barley paying bills. Can I get his name of house if his not helping. I'm not going to pay... View More

Anthony M. Avery
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answered on Nov 7, 2023

Just because he is not paying on the house note does not remove him from ownership. What did the Divorce Decree say about the house and the mortgage? Outside of enforcing the decree, foreclosure may be be imminent as a refinance is doubtful. A Ch13 BR might help.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Does an HOA have any tax liability part from the homeowners?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 30, 2023

If the HOA is the named owner of the common property (if any) in the development, then the HOA is responsible to pay the annual property taxes, if any.

2 Answers | Asked in Real Estate Law for Louisiana on
Q: IS THERE A U.S. SUPREME COURT DECISION MAKING IT UNLAWFUL TO BUY A HOUSE FOR LESS THAN ITS TRUE VALUE
T. Augustus Claus
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answered on Oct 12, 2023

There is no U.S. Supreme Court decision that makes it unlawful to buy a house for less than its true value. The principle of "willing buyer, willing seller" generally prevails in real estate transactions. However, there may be laws against fraud, misrepresentation, or undue influence that... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: Who are the entities liable for abandoned home fire causing damage to adjacent properties? LA, arson not confirmed

Arson mentioned after review of video, but the report has not been published yet.

T. Augustus Claus
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answered on Sep 28, 2023

In Louisiana, determining liability for an abandoned home fire causing damage to adjacent properties can be complex. The liable parties could vary depending on numerous factors, such as the cause of the fire, the condition of the property before the fire, and whether there were any local ordinances... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can I have a right of passage that is on my property dissolved if the property to access is not landlocked?

Land behind my home is for someone else and his right of way is on my driveway. He has two other passages to get to his land. Can the right of way on my land be dissolved?

Anthony M. Avery
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answered on Sep 25, 2023

No... But contact a LA attorney to examine both titles and determine exact easements of record. You might terminate easement, but you will probably be sued.

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