Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: Buying a house from a family member both agree there is no mortgage or liens on the home. Do we just do a quit claimdeed
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 28, 2020

A Quitclaim Deed will only transfer whatever interest the Grantor has in the property to you. I would recommend you consult an attorney to prepare a Warranty Deed for better protection.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I was serves Missouri notice to Quit today for lack of payment. I miss one payment. March 30, 2020 is my last day.

Make this month mortgage payment. The notice said I miss two payment. I have prove that I make payment.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2020

You didn't ask a question. It sounds like you ought to hire an attorney to communicate with the other side if you cannot do so effectively on your own.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Ive been paying for a home and land, and part of it isnt the sellers to give away. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2020

You should meet with a local attorney to review the documents, go over all relevant facts, and provide you with sound legal advice.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I evict someone from a property they are renting from me, in MO

I have already sent them a notice to quit by registered mail and they are refusing to pick it up. They are about 90 days past due. I need to just file in the court but I'm not 100percent sure what to file

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2020

To make things go more smoothly, hire a local landlord tenant attorney. If you don't want to spend the money on an attorney then you file a rent-and-possession or unlawful detainer action, with the facts determining the most appropriate cause of action. Missouri courts have some forms that... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: You Home Purchase Rights during final walkthrough

You

Hello, I’m closing on my home Thursday, Jan 30th. During the final walkthrough yesterday we noticed the water was turned off within the home so I was unable to check faucets, etc. The seller suggests that he doesn’t need to turn on the water so I’m verifying if that’s accurate.

Vincent Gallo
Vincent Gallo
answered on Jan 29, 2020

If the water service isn't turned on, how can you possibly assure yourself that everything requiring water service is properly working?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 10, 2020

You should do some internet research to locate an attorney near you who does free consultations. You should be able to find out your options with a short meeting.

View More Answers

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have had liens placed on mine and my husband's home.

First of all the liens are approx 10 years old. Secondly, they are for credit card debt in only my wife's name. I would like to know how to get those removed. The property is in both our names and has been for 28 years in springfield missouri. The liens are from judgements against my wife. I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 9, 2020

It sounds like you already received good legal advice. It the judgment has not attached as a lien, then there’s no lien to remove.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If an MLS lists items like stove, refrigerator, dishwasher, wall oven, washer and dryer, are they required to be there?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 23, 2019

Your contract to purchase the home will determine what is included. Usually items that are attached to the home, like a dishwasher, are included. Items that are not attached, like washer and dryer, are typically not included. The contract will specify if there are additional items that you... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought my ex out from our house but in the agreement it did not say when it had to be paid by it only stated what inte

Interest rate would accrue he got a real estate levy and now they are going to auction my home in Feb what can I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 20, 2019

Potentially losing your home is quite serious. You need to bring your agreement and a record of all your payments to an attorney. Your remedy will be based on this information.

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

View More Answers

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can someone who does not own a property and does not have a real estate license prepare a contract for the buyer?

Looks as if a title company is writing the contract

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 5, 2019

Anybody can write a contract. However, to ensure it is enforceable and valid in your jurisdiction it is best to have a local attorney prepare it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: is there a missouri statute that allows the landlord, me) to set up a time to enter the property to plan repairs?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 5, 2019

Here is no statute that addresses this issue. It is normally covered in the lease. This is one reason it is a good idea to have an attorney draw up a lease.

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: Excluding president thru Secretary do board members need to be voted in?

Treasure put 2 board members on reinstatement that were never voted on

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 29, 2019

The answer to your question will be in the operating agreement or bylaws for the entity the board serves. That is where procedural matters are determined. You should ask your entity’s secretary for a copy of that document.

1 Answer | Asked in Civil Rights, Foreclosure and Real Estate Law for Missouri on
Q: There is any possible way I can reverse foreclosure sale and get the house back if I pay the full amount ?

My ex husband passed away, we had 2 kids, we actually never get separated, the divorce was only on the paper. the lawyer said not to make payments on the house. The house went foreclosed. We still live in this house.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 27, 2019

If the house has been sold in foreclosure it belongs to someone else now. If the sale has not yet taken place you may still have a chance to stop the foreclosure. Bring every bit of the paperwork you have received to an attorney right away to find out where you stand.

2 Answers | Asked in Real Estate Law for Missouri on
Q: How to transfer ownership of my late wifes property to her sister.

My late wife and her sister own land in both their names. My wife passed away two months ago and her sister wants me to give my wifes half ownership to her which is fine. In Missouri since my wife and I had wills that leave all to surviving spouse without probate I am now half owner but how do I... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 24, 2019

How to transfer title will depend on how you and your wife held title. If you and your wife held title with right of survivorship you just have to show she is now deceased to make a transfer. You should have a lawyer look at the deed to advise you.

View More Answers

1 Answer | Asked in Real Estate Law for Missouri on
Q: Whose responsible for foundation repairs ?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 22, 2019

Your question lacks details and context. Are you referring to a lease or a purchase? Is there a governing contract? These are key questions.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have a question regarding real estate

a fence outside our property line (Phelps County MO) was built 10 years ago when the subdivision was created. we have no HOA and the fence is actually in the easement of State Hwy O and our street, Fawn Ridge. Who is responsible for maintenance of the fence ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 4, 2019

Responsibility for fence maintenance should be in the documentation that created the easement. You can usually get these types of documents from a title company.

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.