Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am moving in a few weeks.
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answered on Oct 17, 2024
I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More 
Property belongs to an elder person and they would like to add a name.
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answered on Jul 18, 2024
Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.
The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?
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answered on Jun 21, 2024
Here's a general overview of the situation:
1. Establishing tenancy:
In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the... View More
Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More
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answered on Jun 18, 2024
If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More
County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More
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answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More
Can a collector take you off as the payee of your real estate tax and apply it to different person's account?
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answered on Jun 13, 2024
The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More
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answered on Jun 13, 2024
In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More
Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More
answered on Jun 1, 2024
A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More
A Missouri real estate agent sold us a property and a new septic system was in the contract. They failed to provide a new septic system and the one we have is failing. The agent sent a text with a list of pending repairs that included a new septic system. All of these repairs were to be finished... View More
answered on May 19, 2024
Hire an attorney to review the contract and provide an assessment. The fact that you unwisely waived the walkthrough may present a problem.
Make sure the attorney is familiar not only with real estate law but also Missouri’s consumer protection statute, the Merchandising Practices Act (MPA).
The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More
answered on Apr 30, 2024
Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More
Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More
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answered on Mar 21, 2024
In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More
My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More
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answered on Mar 9, 2024
I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More
I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave
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answered on Mar 5, 2024
If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More
In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More
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answered on Feb 20, 2024
Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More
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answered on Jan 12, 2024
In real estate transactions, a deed is the essential document you need to prove ownership of land. A deed is a legal document that transfers property from one party to another and is recorded with the local government, usually at the county level. This recording provides public notice of your... View More
Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.
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answered on Jan 10, 2024
Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition... View More
I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More
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answered on Dec 30, 2023
In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.
Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property... View More
I have some details if needed.
Land is about .5 of an acre. A house was on land over 35 years ago.
My questions are the following: Are there any restrictions when trying to build on land? I am interested in building a trailer park to rent land for trailers and/or trailer rental. Is... View More
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answered on Nov 21, 2024
Hire a MO attorney to search the title and advise on zoning and code permits.
My daughter has her original last name on the deed but now she married and has a new last name what can we do to protect the house sine the new husband has to claim also.
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answered on Nov 4, 2024
That daughter's BR could force a sale of one/half of the property. BR Trustee owns all non-exempt property on filing of Petition. Hire an attorney now to advise.
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answered on Oct 31, 2024
Hire a MO attorney to file a Quiet Title action to declare the lien either released or unenforceable. Record a certified copy of the Order to clear title of record.
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