The short answer is no. A purchaser without knowledge of the unrecorded interest in the property will acquire title that is superior to the mortgage, i.e. not subject to the mortgage. However, the lender may try to find a way to change this result by questioning whether the purchaser took title... View More

You cannot simply take someone's name off a deed. And because of that, you're going to be unable to evict him as, legally, he also owns the house.

If you have fear for your safety, you may want to look into obtaining a PPO.

If your lease expired, you moved out and returned the keys and gave them WRITTEN NOTICE (not a phone call or text message!) of your forwarding address to get your security deposit within 4 days of move out, then you have no obligation to do anything more (including paying rent!) but the LANDLORD... View More

My short-hand answer is that a verbal agreement is worth the paper it is written on. Text messages doubly so.

If you completed the purchase BEFORE the encroachment was addressed that tells me you didn't really care about it, and apparently, your neighbor thinks the same thing.... View More

An uncontested divorce without children CAN be something "DIYable" but when you have property such as retirement plans and real estate to divide the phrase 'penny wise and dollar foolish' comes to mind if you're doing this to 'save money'.

Making a... View More

Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.

So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever... View More

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a... View More

If the bank or lender is the successful bidder at the sheriff sale and the redemption period expires, they can then file for an eviction against all occupants in the property. If they obtain a judgment, they can ask for a writ to be issued and must do the eviction within 56 days. Otherwise, they... View More

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you... View More

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

I think that you misunderstand what happened. It sounds to me like the property went to foreclosure sale, the mortgage holder purchased a sheriff's deed at the sale by "bidding in" the debt, the redemption period expired, and the mortgage holder became the absolute owner of the... View More

Here's a further answer:

If the redemption period has not expired, you could redeem.

However, the holder of a sheriff's deed is free to sell its interest in the property prior to the expiration of the redemption period.

If you were a joint owner at the time of... View More

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a... View More

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting.... View More

I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and... View More

The property valuation that is used is based upon the value of the home on the date of the decedent's death. To get the most accurate valuation for that date, you and your family should hire an appraiser—a licensed professional to give a scientific opinion on the home's value. Not a... View More

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but... View More