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100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More 
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answered on Sep 26, 2024
It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More
Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this
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answered on Sep 11, 2024
Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More
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answered on May 16, 2024
You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More
I purchased a property that was listed and advertised as 23 +\- acres in 2022. Before, during, and after closing no deed Exceptions were brought to my attention by the sellers or my real estate team. I found out there was this deed exception at my local tax office, and that I actually have 12 acres... View More
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answered on Apr 11, 2024
Based on the information you've provided, it appears that you may have grounds for legal action due to misrepresentation or failure to disclose important information about the property. Here are some potential options you can consider:
1. Contact the sellers: Reach out to the sellers... View More
My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More
answered on Mar 26, 2024
This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More
I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More
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answered on Mar 6, 2024
The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More
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answered on Mar 4, 2024
In Kentucky, it's possible for your father to purchase property and have the deed put in someone else's name. This is often seen in cases where parents buy property for their children or when one person buys property as a gift for another. However, it's important to ensure that all... View More
What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?
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answered on Mar 1, 2024
You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
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answered on Jan 1, 2024
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More
A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?
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answered on Nov 20, 2023
In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.
First, review the property sale agreement and... View More
We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More
answered on Nov 7, 2024
No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.
We are out of a good chunk of land that we paid for, is there anything that can be done?
answered on Oct 26, 2024
You should probably first have the title run to check for discrepancies. You should consult a real estate lawyer to determine if any fraud was or is involved. Once these two items are done, you will know what your next move will be.
It has been vacant for over 5 years and according to what I see online, there wasn't anyone else that potentially inherited it.
answered on Oct 15, 2024
Yes, but youll still need to have it transferred into your name by the Master Commissioner of the county.
Real estate case that lawyer did contingency on. Settled before arbitration but defendants have defaulted on agreement back in January. Lawyer said it would probably need to go to circuit court, said soon too before defendants might. Spent three months after trying to talk to him more about it... View More
answered on Sep 20, 2024
You should get an accounting for all services rendered. Any fee earned for work already performed is not recoverable. Any unearned monies should be refunded to you.
The AC unit flooded the area causing over $2,000 in damages. After contacting DR Horton warranty for over six weeks, they no longer answer the phone, respond to emails. The AC unit had problems during the building process. We have other concerns with the home. What options do we have?
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answered on Sep 19, 2024
You have a few potential options to resolve this situation. First, review your contract and warranty documentation to see what obligations DR Horton has regarding repairs and damages. It's crucial to have written proof of the issues and the attempts you've made to resolve them.... View More
My husband and I are purchasing a house in Kentucky. Today, two days before our closing date, while reviewing the closing disclosure document that sets forth all the buyer costs, we discovered a "selling agent flat fee" under the buyers' costs. Our realtor never informed us that his... View More
answered on Aug 29, 2024
Yes. They are. If it isn’t in your contract with the agent, you don’t owe the money.
The spouse was not on the deed (married 2 months) and another individual was added to deed. Mortgage has been paid 3 years following death of loan holder
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answered on Jul 17, 2024
Being a grantee on a deed does not make you liable for a mortgage indebtedness. Who signed that note or his estate will be liable for the loan.
I've lived in the house for 3 years now and my daughter just moved in. She wants me to move out but I have paid the bills and taxes here since I've lived here. What rights do I have?
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answered on Jun 25, 2024
Hire a KY attorney to search the title and advise as to ownership. Apparently you are confused.
My Eldercare attorney has told me I should do a one percent deed with my elderly father.
answered on Jun 18, 2024
Sounds like they are suggesting a life estate in the property be given up your father (which means he owns and remains in the property until he passes), with the remainder to you as her. Once your father passes, full ownership would vest in you.
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