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Minnesota Real Estate Law Questions & Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on

Q: Can a title be transferred to a Trust at closing after a seller has pre-signed paperwork?

The seller won't be at closing and pre-signed all paperwork but the title needs to be transferred to a trust without ever being put into the name of the buyer. It needs to go directly into a Trust. Can this be possible if the seller pre-signed?

Nina Whitehurst answered on Aug 24, 2019

If the seller has already signed the deed to the buyer, then no, not without having the seller sign a deed directly to the trust instead, and if you are going to do that, then there are other papers that will need to be signed and some redone as well. There needs to be an assignment of escrow from... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota on

Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »

Thomas C Gallagher answered on Jun 25, 2019

In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on

Q: Is an email from a realtor enough to negate a signed contract to represent a home buyer? No home has been purchased.

My niece is a first time home buyer and has had dealing with two disreputable realtors who manipulated her into signing lengthy contracts. The first released her from the contract via email, and the second refused to submit a bid on a desirable home until she signed a contract. She made it clear... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

This does not sound like your problem; this sounds like your niece's problem. And since your niece's problem raises important contractual and legal questions that can injure your niece, I highly recommend that you tell your niece to consult with a real estate lawyer before she does something she... Read more »

1 Answer | Asked in Real Estate Law and Car Accidents for Minnesota on

Q: Can a 12 year old boy go to jail for fighting a girl for the first time

Peter N. Munsing answered on Apr 19, 2019

Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.

1 Answer | Asked in Contracts, Real Estate Law and Collections for Minnesota on

Q: In MN, Can you get out of your apartment lease with a 60 day written notice?

My boyfriend (husband now) gave his apartment complex a 60 day written notice when he decided to move in with me after not living in the apartment for a couple months. it's been 3+ years and now I see on his credit report that he has been given over to a collection agency for delinquent payment.... Read more »

Bruce Alexander Minnick answered on Apr 3, 2019

You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and marrying you.... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on

Q: Is there a way to sell my house if the other person on the title doesn't want to sell

Joseph A. Gangi answered on Sep 27, 2018

Talk to a lawyer about a partition action.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: Is there a need for a title search before purchasing raw land?

Have verbally agreed to a price to purchase raw land with lake frontage. To my knowledge there has never been any improvements or structures on the property and the land has been owned by the current owners for at least 50 years.

Vincent Gallo answered on Sep 2, 2018

You can keep your fingers crossed and hope that nothing is irregular or you can have a title search conducted and find out for yourself.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: What form do we fill out to transfer home from joint to single? Husband and wife bought a house, paid it off, divorced.

Wife continued living in home still jointly owned; ex-husband remarried and owns a home in another state. Ex-husband is terminally ill and wants first wife to own joint home outright. He is concerned that current wife would inherit his share of Minnesota home, under Pennsylvania marital property... Read more »

Stefan Dunkelgrun answered on Aug 7, 2018

A quit-claim deed or a warranty-deed would be the way to do it

1 Answer | Asked in Real Estate Law for Minnesota on

Q: I am supposed to close on a home later this month, however wife and I filing for divorce, can I somehow cancel purchase?

Or will I be penalized in some way?

Vincent Gallo answered on Jun 11, 2018

The terms of your contract should be able to provide you with the answer to that question.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: I purchased a house on a CFD from my parents. Could I sell the home before the balloon pymt is due? Who collects equity?

Would this be a capital gains issue for my parents? I am thinking it is a $40k gain; still have 5 years on CFD.

Joseph A. Gangi answered on Jan 11, 2018

Your parents still have legal title to the property. You should check the specific language of the contract to see what you can and cannot do, and what happens in any given scenario.

1 Answer | Asked in Family Law, Real Estate Law and Estate Planning for Minnesota on

Q: how can i prove the last will and testament is not true that my estate has been taken from me by my fathers family,

this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment

Scott Maki answered on Dec 14, 2017

Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on

Q: Should I agree to quit claim time share instead of foreclosure? Mortgage is paid. Money owed (1800) is for dues.

Both my ex-wife and I are on papers sent by law firm. So both need to sign. However, since divorce we both have different last names than what is on paper work sent by law firm representing time share. Is this an issue? If we do quit claim are we still required to pay $1800.

Michael Hales answered on Dec 6, 2017

I imagine that you already have this wrapped up, but just in case I would usually recommend signing if you don't want to be owners anymore. You should not have to pay the $1800 unless it is stipulated in the cancellation agreement.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: My clients have purchased a mn home and there was no mention of association or covenants in the property disclosure.

Now that the buyers have seen the covenants they want to cancel - will they get their earnest money back?

Vincent Gallo answered on Nov 16, 2017

Those are documents that: a) a purchaser would typically take subject to; and b) are readily available in the public records; and c) would be swiftly disclosed as part of the title search. So I would be quite surprised if a purchaser would have grounds to cancel the contact based upon same.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on

Q: My house is in my mother in laws name. ive lived in it 11yrs. Do I have any stake in it?

The verbal agreement is it will be put in mine and my husbands name after some other debt was paid. Which it has. I'm now getting a divorce. Am I entitled to any equity?

Lucas Wynne answered on Nov 2, 2017

You should have a lawyer help you with the divorce. At first blush, I would say that it is unlikely you will have a stake in the house. If your mother-in-law transferred the husband to your soon to be ex and you paid for part of that bargain, you may be able to make the argument but I would not... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on

Q: getting rid of timeshare

I purchased a timeshare in Las Vegas with my wife, before we were married. She has since passed away. I no longer want the timeshare, but was told I cannot sell it or give it away because I need to find all of her potential heirs and have them release their claims on the property first. Is this... Read more »

Michael Hales answered on Sep 18, 2017

The answer to this will likely have some state law issues that I could not answer. However, there are ways that an attorney could help you cancel this timeshare. I wrote an article for my state's bar publication last year that will have important information for you and your attorney. You can... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on

Q: I have been paying on a house of a deceased friend. About to pay it off, how can I get my name on title?

Friend died, son was awarded house by probate. I have been paying on it for the last 15 or so years, ready to pay it off, how do I get the son and my name on the deed? They were told and received documents on her death and the award to the son by probate.

Joseph A. Gangi answered on Sep 11, 2017

You don't because the house is not yours. You will need the son to execute a deed (and voluntarily to boot) or maybe you satisfy requirements of adverse possession.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on

Q: Our house hasn't sold after 4 mos and 2 price drops. We face foreclosure if it doesn't sell in 2 mos.

We signed a contract to sell our house 4 months ago. Our realtor has not been very helpful in selling our home (1 open house in 4 months). If we don't sell by the end of October, foreclosure proceedings will start. We've dropped the price twice--a $20K price drop. Nothing is working. Is there any... Read more »

Joseph A. Gangi answered on Sep 11, 2017

Probably - talk to another realtor

1 Answer | Asked in Real Estate Law for Minnesota on

Q: Four of us own a piece if property jointly 3 want to sell 1 does not. What can we do?

Joseph A. Gangi answered on Aug 14, 2017

A partition action may be appropriate.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: If 4 people own land & initially verbally agreed not to sell for profit would this agreement hold if one decides to sel

Person wanting out was not a initial owner but was given his share by his father

Lucas Wynne answered on Aug 11, 2017

Absent some recording of the agreement, likely not. Under certain circumstances, you may be able to exercise the right to buy this individual's share before any other seller - but this is case dependent.

1 Answer | Asked in Real Estate Law for Minnesota on

Q: I made an offer on a house contingent on the sale of mine. Another offer came in. My house is on brink of selling.

I had 72 hours to sell my house or my offer was canceled. Since I am so close to selling mine, is there any legal way to extend that 72 hours at all? It's been almost 5 months with no activity whatsoever....

Joseph A. Gangi answered on Apr 20, 2017

Ask the other party for an extension?

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