[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?
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answered on May 11, 2023
You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... Read more »
Our realtor told us that is discriminatory. Is that correct?
answered on Apr 27, 2023
There is a federal law that makes it illegal to discriminate against families in housing. But there are exceptions. One such exception is the "55 or older" exemption. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the... Read more »
Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... Read more »
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answered on Mar 24, 2023
Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... Read more »
I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.
answered on Jan 2, 2023
I thought of something else worth mentioning...the situation you describe makes it even more important than usual to protect the LLC's liability shield, i.e., to avoid practices that courts might use as reasons to "pierce the veil," an extraordinary remedy that allows the creditors... Read more »
I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.
answered on Jan 2, 2023
Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... Read more »
The house was completely remodeled by us. We spent 40,000 dollars during two years we lived there. Bought home for 60,000 back in 2018. Moved to AZ while still paying property. PARENTS TRIED TO GET THE Approval FROM OWNERS TO HAVE THE HOUSE PAID OFF BY PARENTS GETTING A MORGAGE LOAN AND PAYING... Read more »
answered on Jul 4, 2022
I am not sure I completely understand everything that has happened or the current situation, but under Indiana law, the seller under a valid land contract cannot take the property back except through a foreclosure. The property is sold, the seller is paid the rest of what is owed under the... Read more »
They have lots of road frontage on the front side of they're own property
answered on May 9, 2022
You are not being clear. But the easement over your property should be in your chain of title.
Vice versa, if you have an easement over your neighbor, it should be in his servient chain of title deeds. Prescriptive Easements arise by use over time. But it sounds like you may need to... Read more »
Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property... Read more »
answered on May 11, 2023
Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.
She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.
answered on Apr 24, 2023
Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.
I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate... Read more »
answered on Feb 28, 2023
Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... Read more »
Says the tile company. Some old judgments need to be cleared before I can purchase. Original owner claims he doesn’t have the suggested fee of 2500.00 to get this done. Can someone please give me some suggestions on any options I may have. Thanks for your time
answered on Apr 11, 2022
You probably should walk away from the purchase as clear title cannot be conveyed for at least a long time, if ever. Consulting a lawyer is the seller's problem and any real estate agents involved have lied to you.
A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... Read more »
answered on Mar 27, 2022
There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... Read more »
Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »
answered on Oct 31, 2021
When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.
Your state's laws determine what might... Read more »
Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up
answered on Sep 30, 2021
An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make... Read more »
How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred
answered on Sep 27, 2021
Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... Read more »
I currently rent a townhome in Fort Wayne and have been informed that I am being forced to start paying an additional $60 a month to an outside company for internet service, which I not only do not want but do not need.
I am trying to understand how this is not a violation of my current... Read more »
answered on Aug 27, 2021
The answer is within the lease agreement itself-----does it allow for this charge? Of course, you say no and you may be correct----ask your landlord where in the lease it allows for the landlord to have this charge assessed to you. If, after he shows you the provision, you agree, then that's... Read more »
answered on May 31, 2021
You need to stop what you are doing right now. Hire an attorney to search the title, then draft the deed, note and security instrument. Apparently you only are going to get a lease with option to purchase with your present scheme, and not own anything.
Beneficiary legal rights. And someone contesting the will.
answered on May 10, 2021
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In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?
answered on Dec 30, 2020
I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will... Read more »
The life estate was wrote in 1988 and 1997 he had my mom sign over one of two lots to him he put a house on it now she's deceased and I just found this out I'm a grantee
answered on Aug 31, 2020
Not sure of your question because you do not state what is in the Deeds, nor their order of recordation. But assuming Mother kept a life estate and deeded one third remainders, then all three grantees are tenants in common of one-third undivided interests each of all the properties. But you... Read more »
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