Get free answers to your Real Estate Law legal questions from lawyers in your area.
Can they legally dispose my belongings without giving me the opportunity to retrieve them just because they are mad about I don't know what?
answered on Apr 28, 2024
Well that depends. Are they ‘mad’ about the fact you didn’t pay your rent or that you’re storing contraband items there?
No they cannot terminate a lease or sell your stuff MERELY because they are ‘mad’ and it seems unlikely that is the reason. What’s the ‘rest of the... View More 
Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?
answered on Apr 24, 2024
It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More
When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More
answered on Apr 23, 2024
Risk versus reward. Mr. Zichi provided a comprehensive answer. People greatly underestimate the costs, both in terms of time and money, it takes to litigate issues in court. Even if you were to prove your case, and a judge says "you're right, they're wrong", you still have to... View More
When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More
answered on Apr 22, 2024
This is not an 'open and shut' case.
Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the... View More
answered on Apr 19, 2024
Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.
What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?
Condos are a rather strange animal especially when so many people... View More
I never received a title when I research the property. It’s owned by corporation but I’ve been paying for this property for seven years. The properties paid in full, but I just paid taxes yearly I want the house in my name..
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In this situation, you may need to go through a process known as a "quiet title action" to obtain a clear title to the property in your name. Here are some steps you can take:
1. Consult with a real estate attorney: Given the complexity of your situation, it's best to seek... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 18, 2024
In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.
While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.
Given the... View More
In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More
have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.
answered on Mar 28, 2024
Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More
Family who lived there is dead. I'm paying the back taxes.
answered on Mar 26, 2024
That depends on how it was 'left' to you.
By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.
By Will? Probate the estate and the PR can transfer by deed.
Some other way? Some other... View More
My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More
My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?
answered on Mar 21, 2024
More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More
I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024
In situations like this, it's essential to understand your legal rights and protections as a tenant or cohabitant in the home, especially if there was no formal rental agreement in place. Generally, without a written agreement specifying otherwise, the ex-girlfriend's demands may not have... View More
I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More
answered on Mar 1, 2024
You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More
Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More
answered on Feb 28, 2024
That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.
You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with... View More
I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More
answered on Feb 7, 2024
Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".
The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two... View More
I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the... View More
answered on Feb 6, 2024
If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.
For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?
answered on Jan 17, 2024
It may be possible to negotiate a resolution with the seller. It may be that the land contract permits the buyer to rescind the purchase in the event of a disability, but I have never seen that in a land contract. The law does not provide for the buyer to be able to rescind a land contract... View More
For 1 year. Then, he had a car accident and is paralyzed from the neck down. He probably won't return to the condo to live for at least a year or two. Can he get any of his deposit back or does he lose everything?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024
In a land contract, the terms and conditions are crucial, and they can vary. Generally, the down payment in a land contract acts as a form of security or consideration for the property. In the event of unforeseen circumstances, such as a medical emergency leading to an extended absence from the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
