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Louisiana Real Estate Law Questions & Answers
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

0 Answers | Asked in Real Estate Law for Louisiana on
Q: Need help with a housing issue related to a very small condo association. One owner is TOTALLY NON COMPLIANT.

1. Embezzed in 2020-21($7500+)

2. Canceled insurance coverage that would have allowed us to recoup money owed.

3. Accidental fire alarm went unheard due to alcoholism at 3am on Jan 3 /24

4. at that time we discovered he Lived without electricity in his unit May 31-present... 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.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: CAN A SIGNED GENERAL WARRANTY DEED THAT IS SIGNED AND NOTERIZED BE CHANGED WITHOUT BUYER AGREEING TO IT?

I AM THE BUYER AND PAYMENTS HAVE BEEN MADE ON TIME FROM BEGINNING AND TAXES PAID REGULARLY// SELLER HAS SENT A NEW CONTRACT INCREASING THE INTREST W/RAISED THE PAYMENT AND ADDED 50,000 TO THE ORIGONAL PAYOFF.

Anthony M. Avery
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answered on Sep 21, 2023

Has a Deed been executed and recorded with you as the owner or not? If not, then you do not own anything but probably a contractual right, which the seller might try to modify. Just because you have paid out monies does not make you the titled owner. Hire a competent LA attorney for advice.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If land was transferred to a person before the death of the owner but the notary didn’t witness the persons sign.

They recognized the signature as the owners what can be done.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2023

What exactly do you want? If you want to nullify the transfer then one way of doing this is to prove that the document transferring the property was not properly done/completed. If you want to challenge this, then you should first have a specific consult with an attorney to determine what needs... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My grandma was left a section of land in 1977 but she had no idea the man left it to her in a Deed is she able to get it
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 7, 2023

It is possible, however not enough information is provided, and anyone providing you with an intelligent answer will want and need to do some research, including a review of the public record, before providing you with an answer---my suggestion is that you contact a real estate lawyer and/or a... View More

2 Answers | Asked in Real Estate Law for Louisiana on
Q: i need advise on issues arising from land

i bought land over 12 years ago with the building where I recently live and recently i was told there was a case on the land and judgment was given to another family.... whats the implication and how do I protect my right of ownership.

T. Augustus Claus
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answered on Sep 1, 2023

In a situation where you've been informed of a land dispute and a judgment has been awarded to another family regarding the land you purchased over 12 years ago, it's essential to take swift and decisive action to protect your ownership rights. First, gather and carefully review all... View More

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1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Bought a house with girlfriend. She refinanced the loan in her name only. Both on deed. She died. What happens now?

We were not together when she died. She was married to someone else. We never did anything with the home. I still live in the home. She does have one child with me and one child with someone else. We are in Louisiana. I am on the deed to the house but not the loan for the house. I have paid on the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2023

You really should speak to a succession lawyer in your area to make sure you have a clear understanding of your rights. Someone may open your ex-girlfriend's succession and that lawyer may reach out to you, however that lawyer does not represent you --hence the reason you should at a minimum... View More

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