Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.
It's not clear from the question what the issue is. R.P. 301 simply mandates that deeds to real property and leases over 7 years have to be executed and recorded in order to be effective. 301(f) extends that requirement to executing and recording options to buy, and gives the alternative means of...Read more »
I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?
You need to memorialize your agreement in writing and put the dollar figure you want to be paid in the agreement and how you’re to be paid (at closing, by direct check from settlement). Filing a lien may be unnecessary and costly. Have a lawyer draft the agreement. If your mother won’t sign,...Read more »
Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »
Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.
In response to the actual question posted, however, "how can one interpret Md...Read more »
Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.
We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »
You need to review the facts with a lawyer, but the law does not prevent someone from selling a home with problems such as mold. By listing a home "as is" and selling it without concealing the facts, a seller can seek a buyer who wishes to undertake a repair project or a renovation. The mistake...Read more »
I just purchased my first home two months ago. I began to notice signs of water leaking into the basement after heavy rain storms. I think the seller was aware of issues and tried to hide it. Is there anything I can do or can be done?
You need to retain counsel for a review of the contract and the inspection(s). If there is evidence of a misrepresentation in the disclosures about the property or a latent defect known to the owner and concealed from the buyer, you may have a cause of action including punitive damages and...Read more »
This sounds very similar to another question recently asked on this forum.
A borrower has no interest in property by being on a mortgage, they only have an obligation. That borrower cannot typically remove themselves from the obligation unless the other owner refinances, pays off or...Read more »
Yes, but only by paying off the mortgage or getting the lender’s consent to a novation. I’m a little confused by your question, but you seem to be asking if you can co-sign a loan note and then be relieved of liability without paying off the note because you aren’t on the deed. Isn’t that...Read more »
Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop
This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is...Read more »
It depends what your HOA covenants, declarations, rules, and, sometimes, subsequent carried motions say about the issue. It is very important to read and understand them. A lawyer can help you do that.
Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »
There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if...Read more »
You should get a contract review to determine the damages available under your contract. In some, the damages are limited to the earnest money deposit and moat of that goes to the realtor. In others, you can force performance or collect substantial damages. The contracts are not all the same, and...Read more »
You need to review the listing agreement. The current standard MAR contract included a clause that eliminated the commission claim of the prior realtor once a replacement realtor was signed as agent. Another form I recall seeing only applied that after the term of the original listing contract...Read more »
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