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Louisiana Real Estate Law Questions & Answers
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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: My daughter and son-in-law have abandoned their trailer on my property . Going on 6 months. What can I do with the trail

I have plans to build a house on this land I do not know what I can legally do with their trailer. They won't answer phone calls from me. Therefore I don't know what their plans are. Wh what are my rights concerning this matter? I live in Louisiana.

T. Augustus Claus
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answered on Aug 21, 2023

In Louisiana, if your daughter and son-in-law have left their trailer on your property for around six months without communication, you may explore legal options. Sending them a certified letter notifying them of your intention to remove the trailer if they don't respond within a specified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a property donation be revoked if the property has been sold already to another party

I donated a piece of property to my mother, in exchange for lifetime right of use. It is my understanding that I can revoke the donation if I am denied the right to use the property. She donated the property to a third-party, yet maintained usufruct. She and the new owner of the property denied my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 14, 2023

You need to consult with a lawyer to discuss the specifics----which in this case, includes a review of the transfer/donation documents and verifying whether or not they paperwork was recorded in the public record----after this, one should be able to give you some credible information as to your... View More

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: If one party fully transfer ownership to the other party can they sell the property? .

Ex-husband acquired property before we were married. We terminate our community property and enter into a regime of separation of property before a lawyer and signed paperwork.. Ex-Husband signed and agreed to bargain, convey, sell, waive, and deliver property in full ownership to me. The home... View More

Anthony M. Avery
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answered on Aug 2, 2023

Did he execute a Deed of his interest to you? If not, he still owns an interest, which could possibly be mortgaged or executed upon.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: People that pay us every month for deceased parents property want to tear down and sell and it not even theirs yet!? Hel

Please they plan on doing it Monday...how can they do this

John Michael Frick
John Michael Frick
answered on Jun 18, 2023

If title to the property is not in their name, they most likely have no legal right to tear down a structure on the property. If title to the property is in your name, you likely have standing to enjoin them from tearing down the structure.

Seek the services of an experienced real estate...
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1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can donated property be rescinded. The donated property was not legally done. How can that be fixed

A pastor was given the church property when the church was dissolved

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

This is an example why my advice to anyone involved with the transaction of immoveable property (sale, donation, anythng)----get an attorney involved--you want it done correctly so that someone in the future does not come back and place a cloud on the title of the property. In your scenario my... View More

1 Answer | Asked in Personal Injury and Real Estate Law for Louisiana on
Q: Do I have to give money to my deceased dads girlfriend from a law suit that I am a beneficiary of?

She already got a third of everything else, bank accounts investment and house

I told him I would but changed my mind after finding she’s already dating. She 36 and he was 83. No doubt why she got with him

I sent her a text about receiving a check and that I was sending it. But... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2023

More information is needed on this but unless you are legally obligated and/or required to give an amount to your dad's girlfriend, then you do not have to do so. If yoou are uncertain, consider talking to your lawyer in the lawsuit in which you are receiving a check, or if you are not... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.

Christie Tournet
Christie Tournet
answered on May 5, 2023

If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

It is hightly recommended that you consult a succession lawyer in your are to discuss the specifics of this situation, including whether the best way to proceed in this matter. Also, in reading your post, it is not clear if there is a will for either deceased person or you are relying upon the... View More

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