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0 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can you install a camera in an indoor garage? Is consent needed by all parties? This is an HOA in Wisconsin.

Hello,

I am the President of my 12 unit HOA in Wisconsin. We have an indoor garage with 12 spots. Recently one owner likely scratched another owner's car. The victim owner, also a board member, wants to install a camera in the garage to record at all times. Our garage is completely... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Real Estate Law for California on
Q: Please let me know if requesting personal guarantees for the purchase of fix and flip investment properties is legal.

Please let me know if personal guarantees requested by hard money lenders, for the purchase of fix and flip investment properties, purchased in the name of an LLC, are legally enforceable. Thank you

James L. Arrasmith
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answered on Jul 26, 2024

In California, it is generally legal for hard money lenders to request personal guarantees for the purchase of fix and flip investment properties. This is a common practice to mitigate the lender's risk, especially when the property is purchased in the name of an LLC. The personal guarantee... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: If my apartment complex is sold to a new owner, am i required to sign a new lease?

I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

No, you are not required to sign a new lease.

If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.

The new owner may ask you to...
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0 Answers | Asked in Real Estate Law for Ohio on
Q: Can my Hoa charge me a fee for selling my property

This was not in the bylaws when we bought and was added without a member vote

0 Answers | Asked in Personal Injury, Real Estate Law, Environmental and Land Use & Zoning for Georgia on
Q: In 2012 we moved to Georgia on 5 acres zoned agricultural. In 2015 a peanut factory moved next door making seed.

We were ok with it until they started making peanut butter then they removed 90% of trees along our property line and put another building up and now they are roasting peanuts with the smoke stack less then 50 feet from our property. We have to keep our doors and windows closed. Cars and shops... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can my brother and I be forced to sign over rights to land we didn't know about? What options do we have?

My Dad had land that was bought by a distant uncle in a tax sale in SC (1998). The property was not redeemed within in the time frame. My brother and I were not notified, and my uncle claimed the land and is now the grantee. My Dad had health issues, so not sure if he was aware of the situation.... View More

Anthony M. Avery
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answered on Jul 26, 2024

You will need to hire a SC attorney that handles real property litigation. A trial may occur which will require at least the defendants' presence.

1 Answer | Asked in Real Estate Law, Civil Rights, Probate and Small Claims for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: In Tennessee, if I lived with my grandmother, she passes, leaves the house in a trust to my mother, I’m still a tenant ?
Anthony M. Avery
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answered on Jul 26, 2024

Apparently you have not interest in the property except possession. The owner can sue you for possession.

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if a buyer of a house trailer will not move off of my property or transfer title to their name.

I sold a house trailer 5 years ago the buyer has not moved the trailer off of my property or has transfered title to their name. I have contacted several times and have either got the run around or never would hear from them. I want to know what I can do. I have heard I can charge them rent or... View More

0 Answers | Asked in Real Estate Law for New York on
Q: I need a guest clause for a non-stabilized lease. What is the minimum number of days, overnight guests, consecutive?

I need a guest clause for a non-stabilized lease. What is the minimum number of days, overnight guests, consecutive?

Can you restrict the number of guests staying at one time? This is for a two-bedroom apartment. There is one tenant, one occupant with a child on the lease, and many guests... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: HOA filed compliant judicial foreclosure of lien and damages. If I pay the HOA fees owed, will this go away?

HOA filed compliant judicial foreclosure of lien and damages for balance owed. I can pay outstanding balance and plan to answer the complaint. Will court be necessary? Will payment end the process?

Anthony M. Avery
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answered on Jul 25, 2024

Hire a GA lawyer today. HOA intends to take your condo. It is too serious for you deal with. You knew you had to make the HOA happy when you bought the place.

0 Answers | Asked in Real Estate Law for Florida on
Q: Are items in the Florida "As Is Residential Contract for Sale and Purchase" such as Risk of Loss % negotiable?

Our primary residence is on the market in Saint Johns County FL. We received an offer from a perspective Buyer yesterday. In my discussion with our Sellers Agent I stated that I would like a couple of minor changes on our counter offer, such as changing the Risk of Loss percentage from 1.5% to 3%.... View More

0 Answers | Asked in Real Estate Law on
Q: Name change to Property Deed of Trust

My husband changed his name when he became a us citizen and we never changed the name on the deed of trust. My husband and I are owners of the property. What forms do I need to submit to the Jefferson county Clerk to correct the first name on the deed of trust.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: My driveway was built off my property by the builder, what can I do?

I purchased a new construction two years ago in November. Our new neighbors were having a survey done to determine the property line and found out that our driveway was built over our property line onto theirs. We were never told of the exact property lines and now feel lied to about the actual... View More

0 Answers | Asked in Real Estate Law for Indiana on
Q: Our HOA board does not let us speak during the meeting. Is this allowed? We are required to submit questions before.

We are to submit questions 72 hours prior to the meeting.

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