Get free answers to your Real Estate Law legal questions from lawyers in your area.
If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct
answered on Apr 4, 2024
It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More 
Fast forward 3 years we paid it off with him on time and he is refusing to give us the deed and hold up his side of the deal he is trying to kick us out and take our house. What can we do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
In your situation, it's important to gather all documentation related to the agreement you had with your father-in-law, including any written contracts, receipts of payments made, and correspondence discussing the terms of repayment and transfer of the deed. This evidence will be crucial in... View More
Fast forward 3 years we paid it off with him and he is refusing to give us the deed and hold up his side of the deal. He is trying to change our deal and kick us out. What can we do?
answered on Feb 14, 2024
Under contract law, most of the time the Court can enforce a contract even if the terms are not written down (oral contract). There are exceptions to this. Sometimes when the Court finds that there is an enforceable oral contract it is still up to the Court to determine what exactly the terms are... View More
He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
You should consider taking the following steps to address your concerns:
Review Documents: Request copies of all lease agreements and financial records related to the pasture from your brother. Insist on transparency and access to all relevant paperwork.
Consult an Attorney: Seek... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024
You need to hire a NE to find a way to get a source of title placed of record. Otherwise noone knows you own the property.
How do I recover that money and get her off the lease. She resides in Houston Texas now.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023
It will be expensive and difficult to sue her now in TX, which will require a TX attorney. If you get a Judgment, then collection will be difficult. She probably knows this.
I am signing at least for a property in Nebraska however the paper was drawn up in the lease like it was for an Oregon State lease agreement would that be valid in the state of Nebraska because it wasn't drawn up for this state of Nebraska property?
answered on May 24, 2023
If the applicable laws are the same in Nebraska and Oregon, then it may not cause issues, although it potentially could. If problems arise or the applicable laws are not the same, they you may be inviting issues. If you don't think the lease is correct, then review it with an attorney before... View More
We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More
answered on May 11, 2023
She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... View More
The house is in both of our names.
answered on Jan 27, 2023
The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.
If the property is owned in Joint Tenancy with Rights of... View More
.
answered on Jan 27, 2023
If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.
Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?
answered on May 4, 2022
If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... View More
I inherited a house from my parents after the death of my father and have kept the house for 15 years. I am in the process of selling and have found an old Judgement from 2004 against my 1/2 brother for unpaid child support. However, the house was NOT in his name at the time of the judgement. Will... View More
answered on Mar 30, 2022
It depends. If the child support is paid in full at this time, then it may be a non-issue. If there is still child support outstanding and there may arguable be a child support lien, then this could cause delays while clearing up this title issue. If he was not and is not a title holder, then... View More
My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... View More
answered on Nov 11, 2021
If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first.... View More
answered on Sep 23, 2021
It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... View More
Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... View More
answered on Mar 10, 2021
The Court generally looks to who is listed on the title of the deed to determine ownership of the home.
That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding... View More
Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... View More
answered on Feb 17, 2021
Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may... View More
I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... View More
answered on Jan 8, 2021
There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.
The first thing your... View More
But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... View More
answered on Jan 6, 2021
Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.
Her husband has recently passed and may have to place her in a care facility
answered on Oct 22, 2020
Your mother should consult an elder planning attorney first.
Transferring her home may result in disqualification for Medicaid or have other unforeseen results.
can i enter the property if give tenants a 24 hour notice. the tenant is being evicted on Oct 13. The property was a rental property but I am buying the property.
answered on Sep 15, 2020
You are not the landlord if you are in the process of buying, so no, you can't enter even if you give notice.
You could have the actual landlord give notice and they can take you with them to see the property.
You should probably be represented by an attorney in the purchase as... View More
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.
