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answered on Sep 13, 2022
You are completely confused about the concept of adverse possession, and your confusion is very likely to deprive you of your property. Get a lawyer!
Adverse possession is a defense. Think: Statute of Limitations. If you've let someone possess your property openly and adversely... View More
My grandparent's left their house to my mother and aunt in their will. A copy of the Deed of Assignment with Reserved Life Estate is on file with the state as the most current deed. My grandparent's name is still on all paperwork coming from the city and state. My mother and aunt want to... View More
answered on Sep 12, 2022
You do not state who the remainderman is or who has the life estate. The deed will have to be reviewed by a lawyer. The life tenants under the life estate would need to transfer or relinquish their life tenancies and new deed can be issued to the remainderman in fee simple. If that is you, then... View More
Hi. I am a buyer and under a contract to buy home in Montgomery County, MD. Our closing is end of August. I just learnt that the home has unpermitted work. Seller built a bathroom in the basement. Seller signed the Maryland Residential Property Disclaimer Statement. My agent is agreeing but... View More
answered on Aug 9, 2022
You can't get a full and complete answer on this free platform because any lawyer will have to review the documents. I assume you are referring to the standard MAR and perhaps GCAAR forms. In our litigation practice, I have considered the failure to disclose unpermitted work to be both a... View More
answered on Aug 2, 2022
Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.
Good luck in your future endeavors.
Neighbor 1 has claimed possession of a community beach access pathway to the Chesapeake Bay .A 1923 deed conveyed right of access to the community. This right of access was confirmed in a 1935 court case ruling and also stated in a 1955 deed for the property in question. All subsequent deeds... View More
answered on Jul 24, 2022
You do not disclose whether you are 1, 2, 3 or perhaps an undisclosed 4. An academic response would require any lawyer to review the past title chain, the case law you reference, and perhaps inspect the conditions on the ground. You also mention at least one live lawsuit arising from the facts.... View More
A realtor that helped us find a home to buy gave us buyer-broker agreement the day after we signed a contract to buy a house. We now close on home in a week and she is making us sign the buyer-broker agreement. She never told us we would have to sign any agreement with her brokerage prior to making... View More
answered on Jul 23, 2022
You misunderstand the document, and who pays the buyer's agent. Our lawyers are also licensed brokers, so we understand your question. It is the SELLER that pays the entire 6% commission, which is then SPLIT in some way with YOUR buyer's agent. The 2.5% you refer to DOES NOT come out of... View More
My condo has Noticed all 300 units in our hi-rise that they WILL be coming to "inspect" every unit for leaks and to ensure that we have the required (new rule) water alarms from 11/18-29/22. They are not presuming damage exists in all these units, nor that if damage does exist that it may... View More
answered on Jul 15, 2022
Your questions references the Maryland Statute. You don't reference the condo by-laws and rules that specifically govern your unit/development. This is where you will find your answer, I am certain. There may also be a dispute resolution process in the by-laws or rules. You should also review... View More
We were under contract to purchase our first home. The lender asked for a second extension on the closing date. The Seller was not happy but agreed under the terms that we would forfeit our earnest money deposit if closing did not happen. Our lender assured all parties involved that he only... View More
answered on Jul 11, 2022
Not likely. In Maryland there is a reported case called "Jacques," (my spelling may be off) which describes the standard of care owed by a lender to its prospective borrower. Whomever you consult should pull this line of cases for discussion.
The realtor has informed me that I cannot back out of the contract or I will lose my security deposit. The original appraisal was disputed. The seller is pushing to pay for another appraisal to be done. The realtor has asked the lender to get approval for another appraisal, but at this point I just... View More
answered on Jul 8, 2022
If you have a financing contingency, and your lender refuses to approve the loan based on the appraisal, then you may have a basis to cancel, but it depends on the language of the financing contingency and whether the lender will fund the mortgage for the purchase price under a different... View More
I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.
However, the statement says there is a deferred balance of 189k.
Over... View More
answered on Jun 30, 2022
It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... View More
The condo documents filed in 1982 list a resident agent, but his wife indicates that he has had no contact with the association since 1982 and suffers from dementia.
answered on Jun 23, 2022
You can look up the resident agent at SDAT, since it was likely updated when the entity filed annual reports, or you can serve an officer, or you can serve SDAT if there is no resident agent, or you can move the court to grant substitute service. You start by reading the rules of civil procedure.... View More
This was all done without my knowledge or even being notified I know as far as nc register of deed has me as a grantee the gift also has my name. I honestly don’t know what to do with this info Any advice
answered on Jun 21, 2022
Consult NC counsel. You probably have substantial rights.
The original owner died and the home was vacant. Can I use the nuisance property ordinance to remove them?
answered on Jun 15, 2022
Actually a common issue in the City. In past cases, we have sued the owner (in your case, the estate or heirs of the property) for nuisance and injunctive relief. You can also press the City Solicitor's office and Dept. of Housing to press regulatory claims against the owner, or to initiate a... View More
answered on Jun 12, 2022
You need to consult a Puerto Rican lawyer of title agent. While the notarial seal of another US jurisdiction is likely to be honored, the jurisdiction where the land lies will have transfer rules, filing requirements, and tax protocols to follow.
Several large cracks that are leaking were discovered upon trying to open our pool. The Pool was closed and covered during the inspection when we purchased the home. These cracks are very visible. Current repair estimates are $30k plus labor, pool draining and refilling. We would not have purchased... View More
answered on Jun 4, 2022
You need to look carefully at the disclosures and the advertising as well as all other correspondence to look for misrepresentations. There are several categories of cases, but you aren't in the easiest of them. It's not going to be an easy latent defect case if the cracks are very... View More
The real estate was solely titled in the name of the decedent and left to two heirs as part of the residuary estate. The executor is selling the house for $380K; the house was valued at $360K on the date of death (stepped-up basis), therefore there will be a capital gain on the sale of $20K, less... View More
answered on May 27, 2022
If the PR sells the property, the estate pays the taxes as part of the estate tax retrun. Have an accountant prepare the estate returns.
She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do
answered on May 8, 2022
There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.
There are multiple initials and signatures missing from the contract, including hers is missing on the page noted above (AS-IS). Post-inspection and appraisal (for a USDA loan), she states that that disclaimer is not part of the contract, and means nothing.
In an addendum, different... View More
answered on May 3, 2022
Did you treat the contract as "ratified," even with the missing items? Contracts grow and change, from the initial submission to the final document. Missing addenda and signatures may mean items were not agreed upon, or that simple mistakes were made. Your question doesn't allow for... View More
I am a contractor in Maryland and a subcontractor says that I owe him for work performed. His invoices date from April 2019 to December 2019. What is the statute of limitations and does it apply to each invoice or does it apply to the last invoice which would include all of them? Thank you
answered on May 1, 2022
Generally, the SOL runs from the date of breach of a contract, or from the last date the money became due and remained unpaid. Sometimes, that is harder to nail down in some cases, and may depend on whether the subcontractor's claim is based upon a single contract to provide labor and... View More
I am executor and beneficiary to a rental house. I want to sell it to the current tenant. I want to avoid capital gains liability. If I sell the house through the estate now as executor versus waiting for it to be transfered into my name and then sell it, will the estate then be liable for the... View More
answered on Apr 6, 2022
The estate has a stepped up basis and can sell it and avoid capital gains assuming the net sale proceeds are equal to or less than the date of death value. If instead the estate distributes the house to you and then you sell it, the result is the same. You will get that same stepped up basis.... View More
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