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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: Seeking guidance on being sued for negligence in house disclosures in Missouri.

I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 19, 2025

Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly... View More

0 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Missouri on
Q: Options for property ownership transfer in Missouri with anonymity focus.

I'm planning to receive ownership of a home from my father in Missouri. The house is fully paid off and currently owned by him. He plans to use a quitclaim deed for the transfer, but I'm considering other methods, like a trust or LLC, to maintain privacy and protect against title theft... View More

2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Is my lease void if landlord's mortgage forbids leasing?

My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2025

It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More

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0 Answers | Asked in Consumer Law and Real Estate Law for Missouri on
Q: How to resolve title issue for car bought in Wisconsin, registered in Missouri?

I bought a vehicle from my brother's girlfriend's aunt in Wisconsin and brought it back to Missouri to get it legally registered. When I went to the DMV, they told me that there was a duplicate title issued after my purchase, and they need this duplicate to make the vehicle legal.... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: How to protect investment in a rent-to-own agreement facing possession complaint?

I am currently in the fourth year of a rent-to-own agreement. In the past three years, my landlord allowed me to make late payments, and I always paid in full eventually. I have invested approximately $30,000 in this property. With only eight months left in the agreement, I found paperwork for a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2025

Hire an attorney who has experience defending rent and possession cases. There’s generally no easy way out unless you can tender the full rent due plus costs. Rent purchase agreements generally go badly for tenants who have trouble honoring the agreements strictly.

2 Answers | Asked in Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

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0 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Public Benefits for Missouri on
Q: Issues with title transfer and facing eviction while accommodating terminally ill brother.

I sold my house, which my dad left to me in his will, but I never transferred the title. My oldest brother is terminally ill, and I want to temporarily put everything back in my name so he can stay with me. However, I'm now facing eviction from my current residence without a rental agreement... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.

Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended...
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1 Answer | Asked in Civil Litigation, Collections and Real Estate Law for Missouri on
Q: How to remove satisfied judgments from my record in MO?

I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2025

If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I agree to sign a Quiet Title with the Stipulation of leaving the house, do i still owe my half of Mortgage?

My ex and I separated last November (2024). She wants me to leave the house but i told her not without my half of the Equity.

She's suggested I "Sign the Quiet Deed with the stipulation of receiving half the equity and leave, half the equity can be placed on the quiet deed, which... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 27, 2025

The short answer is yes. Your agreement with your ex is just between the two of you and is not binding on the mortgage holder on the property. You will remain bound on the mortgage until your ex refinances the mortgage or sells the property. I suggest you put your entire agreement in writing, and... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Affaviate of heirship, my brother is decease for 11 years and now my mother passes away and my great grandfather. left

so my brother has a wife and two kids. what to do if wife wants no part of her inheirance

Anthony M. Avery
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answered on Jan 21, 2025

Mother can quit claim deed her interest to her children or others if she wants.

1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for Missouri on
Q: Hi, my name is Olivia. I recently inherited raw land in Hayti, Missouri. I am seeking answers on a few questions.

I have some details if needed.

Land is about .5 of an acre. A house was on land over 35 years ago.

My questions are the following: Are there any restrictions when trying to build on land? I am interested in building a trailer park to rent land for trailers and/or trailer rental. Is... View More

Anthony M. Avery
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answered on Nov 21, 2024

Hire a MO attorney to search the title and advise on zoning and code permits.

2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I took my name off of my parents payed off house and put in my two daughters name and one has to file bankruptcy

My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.

Anthony M. Avery
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answered on Nov 4, 2024

That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: What can I do about a lien release that never got filed 30 years ago,I paid it off ,but he never filed it.
Anthony M. Avery
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answered on Oct 31, 2024

Hire a MO attorney to file a Quiet Title action to declare the lien either released or unenforceable. Record a certified copy of the Order to clear title of record.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need help with condemning my home I live in St Louis county

I was redoing our bathroom in our home St Louis county came in it took my boyfriend for assault charge and when returned home that nite there was a condemned sticker on it, I don't understand why now they are telling me I have to have a license electrician ,plumber I have no written list of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 19, 2024

Sounds terrible.

You’ll need to contact a lawyer directly. Lawyers cannot solicit through this platform not provide referrals.

2 Answers | Asked in Estate Planning, Real Estate Law and International Law for Missouri on
Q: I am moving abroad Indefinitely. What should I do to protect my land holdings?

I am moving in a few weeks.

Anthony M. Avery
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answered on Oct 17, 2024

I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: I need help with an adverse possession case

I been living at the current residence for a little have come around but they haven't tried to contact me in 10 years overover 10 yrs an just recently the

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Your post cut off mid-sentence. If you desire to hire an attorney to file such a lawsuit, look for someone local and experienced. We cannot solicit through Justia not recommend anyone.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I recently went through the process of selling my house. The agreement was for the buyer to assume my loan/debt.

I just found out they did not go through the process of assuming the loan with my lender. They just want to pay the payments and have no intention of transferring the loan out of my name. Do I have any legal recourse?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

You can sue the buyer for breach of contract or specific performance.

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I would like to add a name to a deed. How can this be done with a POA

Property belongs to an elder person and they would like to add a name.

Anthony M. Avery
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answered on Jul 18, 2024

Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Significant loan made to contractor to purchase land and build homes 4 homes. Money spent, homes not completed.

Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More

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answered on Jun 18, 2024

If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More

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