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Broker paid buyer $25K, Based on Title Insurance. Now buyer want money from estate for additional fees. The sale was 2 years ago.
House was build in early 60s, I am not aware of any modifications made by deceased. I disclosed that I am not aware of any such issues. I have no knowledge of... View More 
answered on Jan 7, 2019
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
My Aunt died 7/2015. I am to receive 5% of estate. Everthing was in a Trust, the executives are 2 of my older siblings (both are attorneys in NY) I need advice on a Flagstaff property (she put in her trust 2006) being auctioned off on 12/21/2018. The mortgage, also from 2006 for $270,000 was... View More
answered on Dec 5, 2018
If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
In essence the subject property is landlocked. What does a buyer need to do to obtain ingress & egress to the property?
answered on Nov 27, 2018
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no... View More
Called asking If I’m interested to sale one of the property’s. I’ve found out my name is on a warranty deed. Does this give me any claim to selling the property?
answered on Nov 26, 2018
If you name is on a deed as a grantee, then you probably have some ownership interest in the property. You would need to talk with an attorney or title company regarding the specifics.
Do I have to let them ?
answered on Nov 8, 2018
No, you can deny anyone the right to access your property, unless they have a court order or your deed of trust provides the lender can.
During the purchase period about 6 months ago, the tenants saw the Seller’s property management company discover mold and were told by them not to disclose the hidden mold or any of the other leaks or defects to me (the buyer) until purchase was completed, so that it would be “my problem.”... View More
answered on Nov 7, 2018
This is a serious matter. If you have tenants living in the property you must re-mediate the mold immediately and take steps to protect your tenants. Based upon your tenant's comments, you appear to have a good claim against your seller and his agents for the active concealment of this... View More
I have notified the landlord and after 2 months the issue is still not fixed
answered on Oct 24, 2018
What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a... View More
Any chance we can get out of it? Any chance we could get any money back?
answered on Oct 22, 2018
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the... View More
answered on Oct 12, 2018
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
The creators of the Trust have died, and one of the beneficiaries is the designated Successor Trustee. The said Trustee is instructed explicitly to distribute the Trust assets as described. It has been over 10 years and he hasn't done so. There are no provisions in the trust documents that... View More
answered on Oct 4, 2018
You can provide in your estate planning documents that any real property obtained from this trust pass to the person you designate. However, the more immediate concern seems to be obtaining the property from the Trust. I recommend reviewing the language of this Trust with an attorney to verify... View More
no will, son, daughter and husband ,and me live in it. we want to sell it and split the money we are all in agreement. in arizona
answered on Oct 3, 2018
If the deceased owner was the only person on title, the owner's estate may need to be probated. I strongly recommend that you discuss this with an attorney before taking action. Your attorney will be able to inform you of your legal rights after learning the facts and reviewing any documents... View More
They were never married
answered on Sep 21, 2018
It is possible that the deed may be valid. This would depend upon all of the facts and circumstances. I strongly recommend that you have the deed in question reviewed by a real estate attorney. Once your attorney knows all the facts, he or she will be able to let you know if the deed is valid... View More
answered on Sep 18, 2018
Assuming proper execution, the deed is legal but it transfers only the interest of the person who signed it.
I have established residency for 3 years.
I have done work to earn my keep. If this is not a landlord tenant issue then how can I legally get my property out of her house?
answered on Sep 7, 2018
From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H... View More
answered on Sep 6, 2018
It is very unlikely that Nana would go to jail, but this is a very bad idea. You could be evicted and Nana could have a money judgment against her and her credit harmed. If you are going to be the occupant, you should be named in the lease as an occupant and, ideally, the lease should be in your... View More
Seller said that it is buildable but according to city theres no way to use it, it was a waste of $ seller played a fast one and i think something should be able to be done about it. Lawsuit to get $ back at least.
answered on Sep 6, 2018
You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this... View More
Can she legally have her niece to come and live indefinitely without my say, if I am against it? We live in Arizona. I alone am on the loan, but we both are on the title.
answered on Aug 29, 2018
Your girlfriend is an owner of the home and she has a right to have visitors of her choice. You have the same right. If this living arrangement is not working, you might consider selling the home or purchasing your ex's interest in this home.
Father died. Best friend/care taker claims a new will, not filed 60 days so far + will not give copy, or give copy of death certificate. He also filed and received ownership of my father's home by affidavit 4 days after death. This is in Illinois. I am in AZ.
answered on Aug 23, 2018
You will need to contact an Illinois probate attorney. Your attorney will be able to guide you through this process. It is possible that your father was the victim of elder financial abuse. This should be investigated. Once your attorney knows all the facts, he or she can inform you of your... View More
we been married for 22 years and we both own a house. He bought his house before our marriage, but using our bank account to pay for his property, utility bill and any fixing of the house. My house was bought less than a year ago, with our join account money. But he sign a disclaimer deed, do I... View More
answered on Aug 23, 2018
If you and your husband settle your case, it can work out so that each of you keeps a home. If you do not settle, anything can happen during a trial. If the case goes to a trial you will have an agreement made for you by your Judge and it may not be ideal.
Your case involves two... View More
answered on Aug 20, 2018
This transfer can happen the same as any normal real estate sale. You and your Mom can prepare and sign a purchase contract. Then you can open an escrow with a local title company. The Title Company will handle the transaction and will record a deed from your Mom to you. If you will be paying... View More
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