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Basically, I have a condo that is legally titled in my parents name. I have occupied the condo as my primary residence for almost 4 years, and now that we are looking to sell I was hoping to find out the tax consequences. One option we've been discussing is the use of a quit claim deed to pass... View More
answered on Jul 17, 2017
The problem is that you must own the property for two years. The title is going to the primary if not sole determinant of who has owned the home. Unless you have some basis for claiming you hvae been the owner, I don't this this is going to work. See Publication 523 of the IRS for details.... View More
Well going in the house I had signed a contract to do for monthly rent until my funds come in to buy my home. The agreement was between the realtor and the home owner and all parties were fine. Now here we are 11 months down the road and for the past week the realtor has been doing home showings... View More
answered on Jul 17, 2017
Refer to your lease agreement. Most lease agreements allow the landlord to show the home under certain conditions. The scope and conditions attached to a showing are tied to the lease.
The landlord can legally sell the home with you as tenants and/or terminate the lease agreement (with... View More
answered on Jul 11, 2017
From a strict technical legal perspective, absent a power of attorney agreement, no person can legally bind another without consent. That said, in the real world married couples often sign on behalf of the other. For the overwhelming number of situations it really does not matter. This partly... View More
We are supposed to close in 9 days. The master bathtub was installed incorrectly. It has been removed, but sits in the middle of the bathroom for more than a week now. The wrong kitchen sink was installed. After insisting, builder stated they will install correct sink weeks ago, but no work has... View More
answered on Jul 6, 2017
Justia's Q&A cannot provide specific legal advice. You will need to contact (and pay for an attorney) to review the documents and provide advice. This charge should be around $100-$300 depending on the attorney. As a general rule, failure to timely correct documented construction... View More
I would like to buy a large property in Colorado which was obtained in a tax sale by a 3rd party and then sold to another person who is now trying to sell the land to me.
The seller says:
"Typically if the buyer wants anything other than a quit claim deed, then the additional... View More
answered on Jul 3, 2017
I think the basic assumption by the seller is that the tax lien (and sale) washed away any potential hidden claims. This is not necessarily true.
A quit claim provides no protection from any claims beyond that of the grantor (as you know) and, to my knowledge, you should not be able to... View More
answered on Jul 1, 2017
Tenants in common means that at death the interest in the property does NOT terminate and does NOT revert to the surviving parties listed on the deed/title. Joint tenancy and tenancy by the entirety terminate the interest on death to the surviving parties listed on the deed/title. Colorado defaults... View More
warranty company at the time, and now say they did not receive an invoice. We filed claims in June, not knowing we were not covered. At this point we were informed they had not paid the warranty. The title company sent the check, and told us it was resolved. The warranty company says our account... View More
answered on Jun 26, 2017
You should contact a real estate attorney. Based on your facts there is a significant possibility that the title company is liable for the warranty amount, but an attorney will need to review all the documents to make sure. Since this involves litigation (and not just asking free advice) you should... View More
We started a business and My father in law agreed to sign on the mortgage in order for me to start this farmstead bed and breakfast business. I have been paying the bank directly for the last 5 years and have completed tens of thousands of dollars of improvements and repairs. They are trying to... View More
answered on Jun 26, 2017
There is no set time except for any set forth in the offer. An offer may be withdrawn if not accepted within that period. However, the real issue here is for you to take steps to enforce your original agreement. Alternatively, you may have a claim for unjust enrichment. You should retain an... View More
Buyer conducted an inspection and then decided not to purchase the home. A week later I was contacted by their firm, and told a written termination was coming but two weeks later, nothing. The closing date was to be June 14. I am not sure how to proceed now. My wife is upset, and I have been... View More
answered on Jun 25, 2017
Absent a signed contract and/or payment it will be hard to establish that a complete agreement was reached. You will need contact (and likely hire) an attorney to review the contract (if any) and surrounding circumstances to make an assessment of the likelihood that an agreement was created.
The current owners moved out and took most of their own furniture so it looks bare.
answered on Jun 20, 2017
Unless the images are copyrighted, there is nothing illegal in recycling the images.
I moved out 3 mos prior to term date, with advance notice to landlord and constant communication, hoping she would be able to re-rent the house. She finally found a renter who wants to move into the house 4 days prior to my lease end date. We will have paid 3 months rent for a house we do not live... View More
answered on Jun 16, 2017
You are not required to agree to an amendment. If the current lease term has expired (or will soon), the lease will terminate on the expiration date listed on the lease. You clearly have given notice and presumably complied with the lease terms until termination. In other words, based on your facts... View More
answered on Jun 9, 2017
In a general sense, abatement means that something is reduced or waived. If there is a tax abatement by the city it should mean that the property tax is reduced. Abatements can also apply to nuisance issues (i.e. a property owner needs to quite-down). Abatement is sometimes used by some cities in... View More
She had a full bowl of food and a full bowl of water I believe my kitty is inside his house and have been told so by one of his workers what can I do and how should I go about getting my cat back I've been waiting 5 months for hot water and heat also
answered on Jun 7, 2017
You can sue your landlord in civil court to get your kitten back.
You will also need to notify your landlord in writing that you do not have heat or water and give him/her 30 days to rectify the situation. If he/she does not, you can put your rent in escrow until the problem is fixed.
Payments are current, but he can no longer maintain the property. He's 83. Has money in bank and doesn't want to risk it being garnished.
answered on May 26, 2017
It depends on the amount the lender bids at the sale. If the bid is enough to pay the loan, there will be no deficiency. If the bid is less, there will be a deficiency which the lender may try to collect from the borrower. Sometimes the lender will forgive the deficiency. If its more than $600.00,... View More
answered on May 23, 2017
If there is a lender involved, they will insist on an appraisal. If the appraisal does not support the contract price, they will not make the loan. If it's an all cash deal, caveat emptor (buyer beware).
Ok, there is something in a letter I received that says they will give me 90 day notice from termination of my lease but I wonder if there is a Colorado law allowing renters to remain in the building during the conversion. Thank you very much Barbara.. I am 69
answered on May 20, 2017
The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the... View More
answered on May 18, 2017
I assume you meant to rescind no resend (spelling autocorrecting always gets me too...). Anyway, a seller may be able to rescind a signed contact, but this is usually conditional on either the buyer agreeing to release the seller or the seller offers a "penalty" to the buyer for... View More
wife would then have half interest in the home? Or because the husband purchased the home in his name only, does that mean that (despite the title deed listing both husband and wife as owners) the husband would have to deed an interest to his wife for her to actually have co-ownership regardless of... View More
answered on May 17, 2017
Unless the vesting deed says otherwise, each is presumed a 50% owner. The contract language no longer matters as it is "merged" into the deed. Did he examine the deed prior to closing? Presumably, he wanted her on the title and requested the seller to grant the warranty deed to both of... View More
but includes his wife's name on the title, can he thereafter remove her name from the title so that she no longer has half ownership in the home?
Thanks!
answered on May 17, 2017
Assuming he effectively deeded an interest to the wife, he cannot unilaterally remove her. Either she must deed it back or a court must order it.
Chase Home Finance
Primary Residence
answered on May 16, 2017
The statue of limitations for a mortgage is 6 years. Tolling begins on either the date of default with acceleration (all come due) or maturity (last day of the final payment from the original loan documents). In other words, the exact expiration date to seek collections is based on the individual... View More
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