Lawyers, Answer Questions  & Get Points Log In
Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... View More

Timothy Denison
Timothy Denison
answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Do i have to have poa recorded on selling a house to have my wife as poa, or is notarized ok?
Vincent Gallo
Vincent Gallo
answered on Apr 25, 2020

Responding from the New York perspective, the power of attorney needs to be recorded simultaneously with the document which it pertains to.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Securities Law for Indiana on
Q: can my landloard record audio out side my front door with out my consent im in bluffton IN
Paul Stanko
Paul Stanko
answered on Apr 19, 2020

Basically, a person can record anything that he or she was privileged to hear in the first place. If the landlord was in a place he was entitled to be, he can record whatever he was entitled to hear.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... View More

Troy Tyson
Troy Tyson
answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: can i sue if i was sold an apartment with bedbugs

i have reasons to believe that i was sold an apartment with bedbugs. i was told by pest control (witch i payed for) that when you see black spots in the corner of the ceiling you might have bed bugs. go back a year when i got the apartment ive taken and sent pictures of black spots before i moved... View More

Troy Tyson
Troy Tyson
answered on Apr 3, 2020

A landlord has an obligation to provide you, as the tenant, with a safe, clean, habitable home. If they fail to do that, you can bring an action against them to terminate the lease and seek damages. Whether or not you can build a case from the facts you've given is a separate issue, and it is... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: we were about to close on a house. Then a week before closing this coronavirus broke out. My husband is afraid to buy

the house because it would wipe out our savings. If he wasn't able to work. We signed a contract. Can they force us to go ahead with the deal.

Vincent Gallo
Vincent Gallo
answered on Mar 20, 2020

If you have a contract with any such contingencies, you’re probably bound to the real.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I inherited my house from my grandfather 2 years ago. The house next to it belonged to my aunt and uncle.

Well over 30 years ago they gave some of their property to my grandfather who built a basketball court and volleyball court on. They have passed and the new owner says that the basketball court and volleyball court is on his property. Can I do anything about it? Located in Michigan City Indiana... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 4, 2020

If your aunt and uncle subdivided their property and gave that part of their property to your grandfather, for that to be legally binding it would have had to have been recorded with the La Porte County Recorder. If you have any record of this transfer being recorded you could reveal this to the... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: House is under my name and my boyfriend.The kids dad. We separated and he threatens me with taking my name of the house

I recently filed for child support. What hat are my rights for the home

Vincent Gallo
Vincent Gallo
answered on Mar 1, 2020

If your name is on the deed, only you can convey your interest in the real estate, unless he were able to get a court order to do so, and only if the order is pursuant to a lawsuit wherein he shows some form of entitlement to do so.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is a home that is being sold from a trust, sold "as-is" or is the trust responsible for repairs?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Feb 27, 2020

A home being sold from a trust is no different from any other home that is being sold. The burden of who is paying for repairs is between the buyer and the seller and whatever they contract. If the seller agrees to take on the burden of repairs then the seller is obligated to fix the house before... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can we recupe money from a lay-a-way on a log home if the company has changed hands 3 times?

My husband and I have been paying on a log home lay-a-way for 15 years with the intention of retiring. Now due to health & monetary issues we cannot build the home. The representative has told us that we can only get a small portion of our money back. Is there anything we can do?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Feb 12, 2020

Without a review of the agreement you have in writing with the company and a general lack of specific information on this problem, there's not much information that can be provided here. You should consult with a real estate attorney or an attorney familiar with land contracts to review your... View More

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar
answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: A buyer made an offer for my house, then after I complained to my realtor that I thought something was fishy.

Then two weeks later, the buyer and her realtor made acknowledgement that they were related. What should I do?

Vincent Gallo
Vincent Gallo
answered on Nov 9, 2019

Sell to someone else.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on
Q: Do you need a lawyer for transfer on death?

My wife and I simply want to add a transfer on death to our house in case something happens to both of us?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2019

There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: For Indiana, what is the legal distinction between breach of contract and fraud?

My mother signed a land contract 12/5/2015 to purchase a certain property for $50,000. The contract is now completed, all monies have been paid and she is seeking the deed. Recently my mother has accepted an offer on the sale of the home. She called the seller at this time asking him to meet her at... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Sep 8, 2019

I'm not sure this is a matter for law enforcement. This sounds more like a civil matter than criminal fraud. There might or might not be a civil tort claim for fraud, but the fact that the seller had a lawyer contact your mother makes this sound more like a case of "seller's... View More

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on
Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Does a small estate affidavit cover real estate in Indiana? Total assets-including real estate- is under $30,000.

Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?

William J Webster
William J Webster
answered on Sep 3, 2019

Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.

If you have additional questions, feel free to contact...
View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids.... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2019

You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on
Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... View 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.