Co own a home and the other party has paid little to nothing towards the mortgage payment
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answered on Sep 22, 2023
If you sue for contribution, and get a judgment, you might try to collect some other way. A judgment lien against the home is a second lien against your own property although not against you personally. Executing a lien against the home might get the mortgagee upset and you would only be... View More 
answered on Aug 29, 2023
Unfortunately, you have a problem,but you are not without hope. Upon divorce the property acquired during the marriage is distributed equitably. Upon the break up of unmarried couples the property goes to whomever bought it. Her name on the title and presumably the mortgage definitely are in her... View More
The property is in my name only. Can't I leave the records alone if I plan to sell and then just have the court order proof when it's time to sell?
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answered on Aug 18, 2022
You are not able to convey a deed to yourself. The new deed needs a derivation of title clause to the former name, then the acknowledgement contains your sworn statement you are the same person as both the old and new names. You could also put style of the name change case or divorce and docket... View More
I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... View More
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answered on Jul 19, 2022
More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.
Sibling executor in CO surreptitiously sold family home in WI without conferring with siblings, or putting it on the market. Sale was handled by her son a commercial real estate agent not licensed in WI and sold for 125k under market value to commercial flipper. Sibling refuses to explain... View More
Both a mortgage lien was agreed upon both parties with no promissory note; however also a gift letter was signed. Is the mortgage lien still valid with no promissory note
answered on Aug 1, 2023
A letter acknowledging a gift of real property will have little value.
answered on Jun 27, 2023
Minnesota is one party consent state. So a person in a resident's meeting with management can likely "record the meeting without the resident's permission." I am not going stick my neck out and offer an absolute "yes" or "no." I would never advise a client to do this.
Eagan attorney Minnesota
My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?
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answered on May 2, 2023
Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.
Can a business hire an attorney to take care of the legal or court proceedures if needed to collect in Minnesota if so what percent can they charge for these services
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answered on May 2, 2023
Yes, a foreclosed homeowner can retain an attorney to recover surplus funds. From my NY perspective, the fee can be anything agreed upon, but one-third is customary here if it's done on a contingent fee basis.
I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing
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answered on Sep 26, 2022
You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.
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answered on Aug 5, 2022
With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.
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answered on Jul 11, 2022
You could but it would only be enforceable in Court. Hire a MN attorney for an Eviction action.
Refuses to sign seller agreement, do I have rights
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answered on Aug 18, 2021
You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.
The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... View More
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answered on Jun 4, 2021
It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... View More
I have made mortgage payments, property tax payments, and added value to his home
answered on May 23, 2021
It is possible that you could have a claim, but it would not be in the family courts.
If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.
I am interested in buying a condo in Peurta Villarta.
answered on Feb 1, 2021
You likely need an attorney in Mexico who handles real estate transactions. Alternatively, a real estate agent in Mexico should be able to assist you.
Our buyers had their boiler go out a month after they moved in and now want us to pay for it. We owned it for 7 years and never had any issues. It was all working properly during inspection and for a month after they moved in. They are threatening legal action against us if we don’t pay them... View More
answered on Nov 25, 2020
You should consult directly with an attorney. An attorney may even be able to help you get them to leave you alone.
There were several owners to the property I purchased. One of the owners had her deceased husbands name on that part of ownership. It is recorded that this was not changed until 5 months after it is recorded I purchased the property. Is my title and deed valid if this one owner wasn't actually... View More
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answered on Oct 9, 2020
You have not clearly stated the chain of title. But without knowing more, it will be critical that your widow grantor conveyed her interest to you by warranty deed. That is because if she in fact gained title to the property after she conveyed to you, it immediately inured to your grantee... View More
Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... View More
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answered on Jul 8, 2020
Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... View More
The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... View More
answered on Apr 27, 2020
First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against... View More
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