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Missouri Real Estate Law Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: As 1/5 beneficiary of a Trust, does each person's distribution qualify for 1031 exchange if conducted as described?

2 parcels of land are assets of the Trust with 5 beneficiaries. Two of those are purchasing the 2 parcels. The other 3 are selling their interest shares to the 2 buyers. The non-buyers' distribution of Trust interest in both farms will be in a single closing of distribution and §1031... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 18, 2024

Generally speaking, inheritances are not taxable. Thus, a 1031 exchange would not apply to your inheritance under the trust.

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.

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for Missouri on
Q: Is this a conflict of interest?

I had a paid consultation with a lawyer about helping me with a counter claim for damages my ex did to the house I live in. It was a lawsuit my ex filed against me. Shortly after I get an eviction notice with the reasons being for the same damages and it’s the same law firm I went to. The... View More

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

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I am 2nd grantee on a quitclaim deed the 1st grantee past away, can I take possession of property
Anthony M. Avery
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answered on May 28, 2024

There are many different forms of estates, so just being one of the named grantees in a deed does not define your title. Contact a MO attorney to review the deed and determine ownership. But it sounds like you both own something and have a right of possession.

1 Answer | Asked in Real Estate Law for Missouri on
Q: a Missouri real estate agent sold us a property with a new septic system in the contract. There is no new septic system.

A Missouri real estate agent sold us a property and a new septic system was in the contract. They failed to provide a new septic system and the one we have is failing. The agent sent a text with a list of pending repairs that included a new septic system. All of these repairs were to be finished... View More

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

Hire an attorney to review the contract and provide an assessment. The fact that you unwisely waived the walkthrough may present a problem.

Make sure the attorney is familiar not only with real estate law but also Missouri’s consumer protection statute, the Merchandising Practices Act (MPA).

1 Answer | Asked in Real Estate Law for Missouri on
Q: Sellers did not disclose any history of floods, drain issues in basement. We closed on the house, 9 days in and flood!

The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Real Estate Law for Missouri on
Q: My brother and I own a house.He pasted away.Is his daughter part owner of the house now.? There was no will.

The deed is in my name and my brother's only.What is his daughter's rights? The house is located in St.Louis City Missouri.The house is vacant.No one is living there.I plan to sell the house.Not in propate

Anthony M. Avery
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answered on Apr 24, 2024

Daughter will be an heir at law, and there may be other heirs. Hire a MO attorney to search the title and determine ownership.

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