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The HOA is telling me I need to put Solar only on the back of my house and this becomes disadvantageous for going Solar. I am well aware of SB 61 which states that HOAs can put reasonable restriction on Solar. Yet their restrictions are making it so that there is only a detriment on going solar.... View More 
answered on Jul 26, 2022
You'll need an attorney to review the HOA declaration and actions by the board, and then advise you, but there is no way an attorney can predict the outcome of litigation if the HOA sues you for failure to comply. Use the Find a Lawyer tab to retain a local real estate attorney to review all... View More
I purchased my home, but the lot on which it was located is a rental. I was curious if my landlord decided to sell the lot, and I couldn’t afford to physically move my home what would I do? My landlord is getting old, and I worry if he dies or sells I will lose my home.
answered on Jul 25, 2022
If you do not have a solid, long-term, written lease agreement that is signed and notarized, then a new owner could ask you to leave when your lease expires. A lease that could last more than 3 years must have the signatures of landlord and tenant notarized, or else it could be terminated. Use... View More
Buyer terminated contract said appraisal didn't meet. They were ask to provide appraisal and said their Atty. said they were not obligated to do so. They are asking for earnest money back. What damages can I sue for and can I keep house pending on MLS and for how long?
answered on Jul 21, 2022
If there is a dispute about earnest money, then it must be held until buyer and seller reach agreement, or a court says what to do with it. If nothing happens in 2 years, then the earnest money is returned to the buyer. In a lawsuit for breach of contract, seller's damages could be the... View More
The siding has been repaired in the 5.5 years I have lived here, when it should have been replaced. The patching and hammering for repairs is what cause the drip edge to fail, thereby causing the damage. HOA states that they will replace siding, but I have to pay for the studs, even though it is... View More
answered on Jul 19, 2022
It depends on how the Condominium Declaration defines your "unit." If it is from the interior surface of the walls, then the studs would be part of the condominium common area and the responsibility of the condo association to make repairs. Contact your insurance agent and then use the... View More
A power outage occurred. The power company was repairing a transformer. A semi went by, had to get over as far as possible to get by the power company vehicle and in the process it ripped a line/pole/box/meter down onto my car. The power company employees said it occurred because the pole was too... View More
answered on Jul 8, 2022
Generally, a truck driver is responsible to make sure he/she only travels through proper clearances. Accordingly, there is a legitimate argument that he/she was negligent. The owner of the property may also be negligent in maintaining a nuisance on their property and infringing upon the public... View More
The easement was signed by the seller and my neighbor in August. My contract to purchase the home was July. I closed on the purchase on 8/31/2021 and the easement was recorded in sept.
Although I understand why an easement might be needed, I am not comfortable with the current language in... View More
answered on Jun 8, 2022
It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a... View More
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... View More
answered on Jun 7, 2022
It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.
I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... View More
answered on May 24, 2022
Tell them you will talk to the local building dept. which might issue a building code violation. Or you could sue them for any damages caused by the excessive water.
I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... View More
answered on May 23, 2022
There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.
Best of luck.
I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... View More
answered on May 15, 2022
He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... View More
We have quite a few homes being sold to rental companies and those companies do not respond well to any HOA rules targeted at making the home acceptable in appearance per our CCRs. Nor do they engage in any type of vote. Can we put a cap of 15% on rentals allowed?
answered on May 9, 2022
The HOA can amend its declaration by following the process specified in the declaration and recording the amendment in the county recorder's office. The HOA board can retain a local real estate attorney to assist with that process.
Would I have any claim to the house?
answered on May 4, 2022
Sorry for your loss.
The lender who hold the mortgage should treat you as a successor in interest and continue to accept payments on the mortgage from you as well as discuss loss mitigation options with you if you have fallen behind as a result of your husband's recent passing.
I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... View More
answered on Apr 6, 2022
It depends on the loan agreement.
In any event, you are not personally responsible for the loan.
Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... View More
answered on Apr 6, 2022
They will foreclose on the house to get paid.
They can't go after you personally.
years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?
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answered on Mar 28, 2022
All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.
We don't want to refinance just sign off
answered on Mar 28, 2022
The mortgage holder would have to sign a release, and is unlikely to do that. Call them mortgage holder.
My home is part of a living estate and I'm being threatened with eviction if my wife dies before me. The house was deeded to my wife, but it's to go to her living children on her demise. 2 of her living children are from a previous marriage and 1 child is my biological son, who lives with... View More
answered on Mar 28, 2022
Use the Find a Lawyer tab to retain a local estate planning attorney that can review your and your wife's financial situation, the deed for the house and other documents, and then advise estate planning alternatives that can address the situation, such as wills, powers of attorney, living... View More
He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... View More
answered on Mar 7, 2022
In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... View More
I have the property under a lease agreement. I need to add my name to the deed.
answered on Mar 2, 2022
You will need a lawyer. Use the Find a Lawyer tab to retain a local attorney, possibly to file probate, but definitely to transfer the property or get your name on the deed.
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