I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"
They have never paid taxes for the home , my health is not that great can I give the house to my daughters , since they don't want anything to do with it , they want to sell after I die , i really dont think that's right, they have never helped me up keep it
You cannot adversely possess against Tenants In Common, which apparently all of you are. Any owner can demand a Partition Action to sell it and divide the proceeds. You can only give your 1/3 Interest to your Daughters, and then they become Tenants In Common with your Sisters. You might wish to...Read more »
The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money... Read more »
Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to...Read more »
I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »
You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you....Read more »
Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »
I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be...Read more »
Our last complex is charging us for a few additional things then expected. Most notably new carpets with pet sealant when only one needed to be replaced as it became loose after water heater issues last year. And for resealing the bathtubs (2) when I had been told in roughly Dec 2017 that... Read more »
You have the right to negotiate with your landlord to see if you can obtain a better result. If negotiation is unsuccessful you have the right to take the matter to court and ask a judge or hearing officer to decide the issue. But you need to be aware that, if you choose to go to court, it is...Read more »
It is legal to do as you suggest but I strongly recommend against handling a real estate transaction this way. You would be much better served and better protected to have a title company handle this matter so you will have a title insurance policy and know that you are getting clear title to the...Read more »
A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »
This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate...Read more »
I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »
I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its...Read more »
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't... Read more »
A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was...Read more »
It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.
You will need to consult with an attorney licensed to practice in Arkansas concerning Arkansas real property matters. Real property law varies from state to state and an Arkansas real estate attorney should be hired to assist you.
When I bought my house (2017) the previous owners paid for one year of HOA. After that, I never received a bill or notice of a past due balance until this year. But the bill I received was only for 2 quarterly payments. I paid the past due one and planned on paying the second one but it slipped... Read more »
A lien on a house means that when you sell your home, the amount of the lien has to be paid before a clean deed will be provided. It is best to contact an attorney in Arizona who can assist you with with Arizona law and the specifics of your case.
I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »
Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and...Read more »
Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to... Read more »
In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.