Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase... Read more »
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answered on May 8, 2023
If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all... Read more »
I sold my grandson a house with a verbal agreement that he would pay $500.00 a month and deeded it to him. He made several payments and then he decided he didn't want to pay anymore. I have kept record of all the payments he has made. What can I do now?
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answered on Mar 16, 2023
Unfortunately, you have an uphill battle without a written agreement, like a promissory note. I'm going to assume (since you say it was a verbal agreement) you did not record a mortgage - which would have given you leverage (foreclosure). The fact that he made some payments is good... Read more »
The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?
answered on Mar 12, 2023
If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... Read more »
Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?
answered on Feb 26, 2023
Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... Read more »
We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... Read more »
answered on Feb 26, 2023
She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... Read more »
hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed
answered on Dec 22, 2022
She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.
Re you taking over, that is something you would need to request... Read more »
force her to leave.dose she have any clame on the house
answered on Nov 26, 2022
Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.
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answered on Nov 23, 2022
If you signed a Note and a Mortgage or Deed of Trust, then you have pay the lender or it will Foreclose. If you did not get a Deed, then you are not the Notemaker and Mortgagor. Only when the Note is Released of record do you not pay anymore.
4 siblings, oldest has control over estate.
answered on Oct 27, 2022
Depends on the value of the house but most likely the answer is no tax due.
You have them to get this out of your name and there is tax's owed against it in your name what is my rights
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answered on Oct 26, 2022
The tax owed is a lien against the land, not the owner personally. Owner's name is listed so he gets a tax bill. Notify the County taxing authorities of the change of ownership, but do not be surprised nothing changes until the deed is of record.
I purchased 85 acres in February of 2022. I did not have it surveyed. My 73yo neighbor (in declining health) has lived on his property for over 40 years. He tells me he has no idea where our property line is located. But if you were to look at the map of the real estate listing, and you were to... Read more »
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answered on Oct 10, 2022
You and your predecessors in title have probably already acquiesced to the boundary. Survey at least the boundary line and get a KY lawyer to draft/execute a boundary line agreement to be recorded. You might go after your buyer on a warranty deed, but it would be expensive and doubtful. Tax... Read more »
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
I was hoping to he able to move... Read more »
answered on Sep 25, 2022
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... Read more »
answered on Aug 2, 2022
They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.
Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?
answered on Jul 16, 2022
Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... Read more »
My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.
answered on Jun 20, 2022
If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »
My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information
answered on Jun 15, 2022
You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »
I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.
I dont know what can i do at this point.
Can the... Read more »
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answered on Apr 29, 2022
Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might... Read more »
Also an event center, the ground and the building has 10 restrictions, can they still do it. Should only be a church
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answered on Apr 19, 2023
Hire a KY attorney to search the Title. If there is a reverter clause, then the grantor's heirs might now own it. It will require a difficult Quiet Title Action to get Title. Best course is to have the last Trustees of Church AND grantor's Heirs sign a Quit Claim Deed as grantors.... Read more »
Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?
answered on Mar 15, 2023
You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.
We have a recent survey showing correct call. What recourse do we have?
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answered on Feb 20, 2023
Hire a competent KY attorney to file a Boundary Line dispute. Otherwise over time you will acquiesce to their new boundary line.
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