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Indiana Real Estate Law Questions & Answers
2 Answers | Asked in Foreclosure and Real Estate Law for Indiana on
Q: Buying a home on contract in Indy but seller lives out of state. Am I bound by seller's state laws or mine?

I am behind on payments and the seller wants to enforce foreclosure laws of their state. They were included in our contract.

Roland B Wilson III
Roland B Wilson III answered on Feb 24, 2019

You are bound by the laws where the property is located.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 14, 2019

It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 10, 2019

Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Q: I am listed with my brothers on property ET AL One is now deceased

We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Have property in Michigan family owned 8 siblings 7 want to sell. What can we do?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

I assume that in asking this that the 8th sibling does not wish to sell.

There are a number of routes you could take to sell the property or get the sibling on board.

You could petition a court to partition the property.

You and your other siblings could buy out the 8th...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: My landlord has not been paying his mortgage but I have been payinh rent. What can I do now. The bank wants me out now.

Never received any court papers or eviction notice. Been tenant for 3 years. Original landlords had passed and home went to their son. He said we would just keep it month to month per the lease.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison
Timothy Denison answered on Dec 15, 2018

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster
William J Webster answered on Nov 10, 2018

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Have a eviction court date Nov 15th I own trailer and lease lot Can i stop this by paying Can lanlord refuse payment

They are not the nicest people

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 7, 2018

The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Indiana on
Q: Is there a difference between real and personal property?
Tim Akpinar
Tim Akpinar answered on Oct 14, 2018

A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: How to get a roommate, who is the on the lease, to leave apartment.

I signed a one year lease on an apartment. I paid the full security deposit and all the furniture and household items in the apartment are mine. During the year, my boyfriend moved in, but was never added to the lease. After the lease expired, I went to a month-to-month lease. A few months... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 12, 2018

If your landlord and your ex are in agreement he could be released from the lease agreement. However, short of that, there is nothing to make your ex move out of the apartment as he has just as much right to be there as you do.

1 Answer | Asked in Real Estate Law for Indiana on
Q: If I am month to month and the LL gives my family a 30 day eviction notice do we have to pay the rent for those 30 days

They are selling the home and evicted my family with a 30 day notice. We have 5 kids and my 9 month pregnant girlfriend.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 8, 2018

You are not being evicted. The lease agreement is simply not being renewed. Yes, you still have to pay that final month that you are living in the home.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Hello, I've been told that an eviction has been filed on me. What are the next steps, how long do I have to pay them?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 2, 2018

If you have had an eviction filed against you there will be two hearings. The first hearing is for the landlord to obtain the eviction order. You and the landlord or one of the landlord's representatives will appear before the judge and the landlord will give reason as to why you should be evicted.... Read more »

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Indiana on
Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what... Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: Can lenders foreclose on a house if the person who borrowed the money is no longer on the deed even if the co-signer is

There is 2 loans taken out on house the first one is the mortgage which just has my grandma on it the second loan has her name and my husband as cosigner

Vincent Gallo
Vincent Gallo answered on Sep 9, 2018

Yes, because the grantees in the deed took subject to the cloud of the pre-existing mortgage.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: Our landlord has turned off the utilities what can we do to get them restored?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 27, 2018

Contact the utility companies directly and have the utilities turned on in your name.

Also consider that a landlord cannot turn off your utilities unilaterally to attempt to unlawfully evict you.

2 Answers | Asked in Real Estate Law for Indiana on
Q: I am a single home owner. Are my adult children responsible for my mortgage debt after my death?
Vincent Gallo
Vincent Gallo answered on Aug 25, 2018

No, if they failed to pay the mortgage the house will eventually get foreclosed upon and therefore lost in the foreclosure. So if there is value in the house, it would behoove them to pay the mortgage.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: I signed a one year lease. Been there almost 6 months. My son's health got worse and lost my position at work.

I can no longer afford my rent and need to move to be closer to family due to son's health issues and find a cheaper place. Can I get out of my lease early

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 20, 2018

Ill family health and a lost job do not excuse you from fulfilling your tenant obligations under your lease agreement unfortunately. That said, if you can work with your landlord to excuse you from the lease agreement you can be let out early. That is entirely at the digression of your landlord... Read more »

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on
Q: Can I be sued for being uninsured I had an accident on private property I hit something & a vehicle also uninsured?

I put my truck in reverse the throttle stuck open I was unable to stop. I hit a carport style garage in a trailer park; I also hit the truck inside both uninsured. Along with their neighbor's vehicle that was insured. I was driving my boyfriend's vehicle , also uninsured. We all live in a trailer... Read more »

Ary Avnet
Ary Avnet answered on Aug 10, 2018

You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the... Read more »

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