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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: What do I need to file to see a judge to release a lien?

My dad left me a 1960's single wide he purchased in 1995.

The loan was a 5 year loan and he was proud of it being paid off. Now when I'm trying to get/ transfer the title I find the lien holder is still on the title. Lien holder is no longer in this business. What do I need to... Read more »

James A. Greer
James A. Greer answered on Sep 16, 2021

Expired Mortgage Lien Claimant: The "judge" route will be an action filed in your jurisdiction's Superior Court - difficult in this situation, not based on the law or the facts (that's the easy part of your claim), but in trying show "proof of service" in connection... Read more »

0 Answers | Asked in Employment Law and Real Estate Law for Colorado on
Q: How do you file a written answer to notice of duty to Answer, notice to set, notice of hearing, notice of grounds

notice of grounds for Denial of Application for Real Estate Brokers License? I went to school took my test passed both national and state brokers exam, applied for my license and they denied it. I have past criminal drug charges and some misdemeanors I believe they are concerned about. My last... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I bought my home 12 years ago and put up a 5 foot chain link fence. My new neighbor behind me claims I'm 5' on his line

Does adverse possession apply to me?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

It is possible that you, your predecessors and the same for the adjoining property, may have ACQUIESCED to the established on the ground boundary line, irregardless of the titled legal description boundaries. But 5 foot is alot, and it sounds like he just got a survey. It may be prudent to... Read more »

0 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Illinois on
Q: What are the best steps to take when the home I own sits on rented land and suffers damage from land's water-main break?

The home I own in Will County, IL is on rented land. Damages to my decking and the home itself (ceiling and wall cracking, sinking foundation) has been caused by a water main break on the land for which the landowner holds responsibility. I am seeking the legal advice on the correct steps to take... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: A purchase agreement contract has been signed by both parties for real estate, can the seller change their minds?

A purchase agreement contract has been signed and turned in to the title company. The buyer had to pay for a land survey. The land turned out to be 28 acres instead of 20 acres. Can the seller change the price already agreed upon for the acreage?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 16, 2021

This appears to be a large enough issue to warrant hiring an attorney to review the sale contract.

1 Answer | Asked in Real Estate Law for Texas on
Q: Real estate

I sold a piece of property in 2009 in Texas. The person never filed the deed and indicated that he lost the deed. He has not take the property. I have been paying the taxes on the property since 2009. It’s still in my name at the court house. What can I do?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Hire a competent TX attorney to file a Quiet Title Action. Your payment of taxes will really help you. This would be a classic "Bill Quia Timet", because you fear a claim. An adjudication should place title in you only and prevent the would be purchaser from ever claiming title. Or... Read more »

2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney to assist you with this. Based on the limited information you may have potential damages but you need to have an attorney go through your case with you to make sure.

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0 Answers | Asked in Real Estate Law and Tax Law for South Carolina on
Q: I filed a Property Tax Exemption on Real Property in South Carolina. I am a Veteran 100 permanent and total.

Can I get my refund back from the Tax year 2020? On the effective date, I became 100% permanent and total of Dec 01, 2020.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: I’m in a 10 year contract to purchase a home coming up on year 2 can I sell it and if so how do I go about this .
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Assuming you have a Contract for a Deed, which is actually a Lease With Option to Purchase, you can probably only sell what you have which would be a sublease.

Read your Contract and see if it prohibits assigning your rights under the Contract. More than likely all you can do is leave it...
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0 Answers | Asked in Real Estate Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for Nevada on
Q: Is demanding I show proof of vaccination before I get my money from the sale of my House illegal?

Time of an essence breach and has ceased all communication with me.

0 Answers | Asked in Real Estate Law for Maryland on
Q: Liability of Lease Signer on VRBO Rental

My 18 year old has signed a lease for a one week VRBO rental for a group of teens who will be 17 and 18. They are a responsible group but he has purchased Accidental Damage insurance. If anyone were to get injured would he be liable? If so, is there liability insurance that we can purchase?

0 Answers | Asked in Intellectual Property, Real Estate Law and Family Law for West Virginia on
Q: How can I get the property deed my father left me

Father passed away mother still alive there is no living will but there is a property deed with my name and 2 Siblings one of which doesn't live near and hasn't been around much or had anything to do with the property the other of which one is deceased , i still reside there and have... Read more »

0 Answers | Asked in Real Estate Law for Kentucky on
Q: Is there such a document called “Will in mind”?

A brother of my husband, who has passed, is asking for a copy of his Will so that more names can be added to a house that is in the family. Since Wendell died, his name is the only other name associated with the house. The house was left by their mother. Wendell & brother we’re to be... Read more »

0 Answers | Asked in Real Estate Law for Florida on
Q: Hello, This past July my mortgage service offered me an option to re-finance that required me to make 3 payments on time

and I did so with the first two payments then they sold the note before I submitted the last payment. Is that contract still valid? The new servicer says it will take several weeks to update their records and in the meantime the investor who bought the note sent me a refi offer. Where do I stand... Read more »

0 Answers | Asked in Real Estate Law on
Q: Do I, in Quebec, pay Capital sales tax to sell my vacant land property? I know the buyer pays tax for his purchase.

Selling for $25,000. Purchased for $16,000 in year 2018. How much tax would I pay? Very much appreciated. Thank you!

3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

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Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Sep 15, 2021

Let me start be saying that I'm sorry for the loss of your father.

Unfortunately, the only way to gain ownership to the property is to go through the probate process. If the land is less than $200,000 you will qualify to use a shortened probate process. A probate attorney can help you...
Read more »

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1 Answer | Asked in Real Estate Law for Kansas on
Q: Me amd brother are listed on my deceased mother's home .can he sell without my consent?

Can he sell with out my consent?

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.

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