Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is... Read more »
Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $
Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.
A will controls the... Read more »
Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.
I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.
In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?
Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... Read more »
House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate
If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... Read more »
Do I have any rights to the home?
It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... Read more »
Title company wants my signature as well. We live in Kansas. Am I required to sign even though I never had anything to do with the property?
Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of... Read more »
Mortgage company says new rate will be 3.125, but 6-month libor has been under .5 for several months. Am I correct and if so what can I do about this? My rate adjusts every 6 months.
The adjustable rate should be ascertainable using the formula stated in the promissory note. The current 6-month LIBOR rate appears to be under 0.34%.
Some typical determinants of an adjustable-rate mortgage calculation are: (1) the specific date from which the 6-month LIBOR is drawn; (B)... Read more »
She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00
The contract controls your rights and obligations. Perhaps the broker should offer to pay it?
My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... Read more »
If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... Read more »
Our divorce decree did not specify my removal. I contacted the mortgage company and they said he will have to initiate my removal. We live in Kansas. Do I have any options?
If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.
The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?
If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... Read more »
Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... Read more »
General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...
What is the ownership... Read more »
There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... Read more »
The question appears to indicate that an attorney in fact under a power of attorney signed an agreement to sell a house owned by the principal. The sale was not completed before the passing of the principal. For the most part, a power of attorney is not effective after the death of the principal.... Read more »
An offer has been made and accepted by me.
The Kansas Constitution provides that, "A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, togeth er with all the improvements on the same...shall not be... Read more »
Us several years ago. She has now changed to mortgage to an irrevocable trust with the beneficiary being my husband exwife and kids. The deed is still in our names. What happens when she dies?
If the house truly is in your name along with your husband, your mother-in-law's death will be of no consequence. The house will remain in your names when she passes. The unfortunate problem with that technique (lifetime gifting), however, is loss of the step up in basis at your... Read more »
My mother filed a TOD on her property after my father passed in 1990. One of my siblings passed away 10 years ago this September. The title company that filed the TOD did not put anything in it about rights of survivorship when they did the TOD for my mother. She had her Will updated after my... Read more »
Your mother prepared and filed a transfer on death (TOD) deed after your father passed in 1990. In or about 2009, your sibling (implied to be a beneficiary of TOD deed), passed away. After your sibling's passing, your mother wrote an updated "will" that was notarized.
A... Read more »
My mom is acting as her own agent at her house closing. On the authorization to issue funds form, she was given three options: receive a check at closing, send a check later by UPS/USPS, or get the funds wired to her bank account. She chose to receive a check at closing, only to then be told that... Read more »
The normal course of a real estate transaction involving an escrow agent is for the deed and buyer’s funds to enter escrow (with all executed documents) and for the deed to be filed and for the escrow agent (title company, typically) to confirm that no documents have been filed since preliminary... Read more »
I understand that a joint tenancy postpones the selling of a home to satisfy a lien. If I am a joint tenant on my mom's home, then she dies, the home passes on to me, the house cannot be taken and sold to satisfy the lien. Then I add my son on as a joint tenant and when I die, also, the house... Read more »
It is not unusual for a mortgage and/or a promissory note to have a provision that accelerates the debt obligation upon the transfer of an interest in the property to another person. To answer your question, you would want to know the specifics of the promissory note and mortgage in question. As... Read more »
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