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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: I need help with condemning my home I live in St Louis county

I was redoing our bathroom in our home St Louis county came in it took my boyfriend for assault charge and when returned home that nite there was a condemned sticker on it, I don't understand why now they are telling me I have to have a license electrician ,plumber I have no written list of... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 19, 2024

Sounds terrible.

You’ll need to contact a lawyer directly. Lawyers cannot solicit through this platform not provide referrals.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I recently went through the process of selling my house. The agreement was for the buyer to assume my loan/debt.

I just found out they did not go through the process of assuming the loan with my lender. They just want to pay the payments and have no intention of transferring the loan out of my name. Do I have any legal recourse?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

You can sue the buyer for breach of contract or specific performance.

1 Answer | Asked in Real Estate Law and Civil Litigation for Missouri on
Q: I need help with an adverse possession case

I been living at the current residence for a little have come around but they haven't tried to contact me in 10 years overover 10 yrs an just recently the

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Your post cut off mid-sentence. If you desire to hire an attorney to file such a lawsuit, look for someone local and experienced. We cannot solicit through Justia not recommend anyone.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I am 2nd grantee on a quitclaim deed the 1st grantee past away, can I take possession of property
Anthony M. Avery
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answered on May 28, 2024

There are many different forms of estates, so just being one of the named grantees in a deed does not define your title. Contact a MO attorney to review the deed and determine ownership. But it sounds like you both own something and have a right of possession.

1 Answer | Asked in Real Estate Law for Missouri on
Q: My brother and I own a house.He pasted away.Is his daughter part owner of the house now.? There was no will.

The deed is in my name and my brother's only.What is his daughter's rights? The house is located in St.Louis City Missouri.The house is vacant.No one is living there.I plan to sell the house.Not in propate

Anthony M. Avery
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answered on Apr 24, 2024

Daughter will be an heir at law, and there may be other heirs. Hire a MO attorney to search the title and determine ownership.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I take my ex wife back to court to get my name taken off the mortgage?

My divorce was final in April last year and my ex refuses to see if she would qualify fopr a loan assumption even though I am willing to pay for it. SInce I had to sign the deed over to her, I want my name off the mortgage so my debt to income ratio will come down. Can I take her back to court to... View More

Anthony M. Avery
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answered on Jan 31, 2024

Read your Court Decree. If the mortgage is not addressed then you have no leverage to force her to refinance. If you deeded it to her then you own nothing and have no right to a partition sale. However you are still obligated on the note.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you get a judgement removed from property that was received via beneficiary deed?

My father in law’s house was left to my wife and her two siblings in a beneficiary deed. Her brother had a judgement that attached to the house and we have bought out their interest. Is there anything we can do to remove the lien without him paying the judgment? It’s 16 years old so I’m... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2023

Maybe. Hire an attorney to review the docket to determine whether the judgment has been revived.

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

1 Answer | Asked in Real Estate Law for Missouri on
Q: Just because I didn't record my contract for deed in Missouri does that mean it is not valid
Anthony M. Avery
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answered on Dec 5, 2023

It does not make it invalid, but it is still only a lease with option to purchase. It is not a deed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a landlord change the dates of a breach of lease letter
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

Without knowing more, it’s hard to answer your question. For example, does the lease even require a letter advising of a breach as a precondition for filing suit.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I will my house to my children and the mortgage is not paid off and my children are unemployed what happens?

Can they assume the mortgage if they find a way to make the payments?

Anthony M. Avery
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answered on Nov 27, 2023

If the note is not paid, foreclosure will occur. Most mortgages/deeds of trust contain due on sale clauses which prevent a transfer without the lender's consent. Children will need to request to be on the note and also pay taxes/insurance. With a will, probate will be necessary.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We have acreage in Wayne County, Missouri - there are 3 siblings who need it divided up - my question is what has to hap

happen if one of the siblings will not agree to divide it up or pick their part? We are all elderly and need this taken care of quickly. Thank you

Anthony M. Avery
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answered on Nov 27, 2023

A Sale For Partition action will need to be filed. Hire a competent MO attorney.

1 Answer | Asked in Insurance Bad Faith, Contracts and Real Estate Law for Missouri on
Q: Hello i am in Missouri and im looking for a lawyer to go after my home owners insurance for acting in bad faith

and breach of contract i had a lawyer but they say now they don't have the manpower to go to court so i need a lawyer that will

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Re: Tenant rights in St. Louis. Can a landlord refuse to give you a one year lease forcing mo-mo tenancy?

Our building changed owners in June. The new owner has refused to provide a new one year lease, keeping us on mo-mo tenancy. Is this legal? It's uncomfortable knowing he can kick us out with 30 days notice. He has done some work in the building and now the unit type we moved into 18 months... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2023

I suggest you hire a local attorney to review the prior lease and see how if affects the situation. In general, a landlord is not required to renew a lease, but it's unclear from your post whether the prior lease expired.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a builder to cut across our property line to build a driveway?

He is trying to build a driveway through our property across our property line and part of our driveway Then he claims we have to move a shed 6 feet back from his property line we live out side city limits he is being a real jerk. I read the shed only has to be 2 feet from the side of the property... View More

Anthony M. Avery
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answered on Aug 7, 2023

Hire a competent MO attorney now to file suit for a Boundary Dispute, Restraining Order, and damages. Both titles must be searched and you will need a Surveyor to testify to the boundary.

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