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Oklahoma Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: will a notarized letter save me from paying if I break my lease? . Needing to break it because of job relocatig

Benjamin Oxford answered on Jun 7, 2019

Probably not, but it depends on the terms of the lease.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Oklahoma on

Q: I file Chapter 13 on Sept 2010 and discharged on Aug 2015. Bank is just now suing for past notes and foreclosure

I didn't know the property statue until I purchase my current property in Dec 2016. It was up for tax sale and the bank bail it out (May 2018) I try to sell it and the bank quoted $170,000 over the original loan of $125,000. So I went out in July 2018, fixed up the property and now rented it out... Read more »

Timothy Denison answered on Jun 6, 2019

You have a mess. You need to contact a bankruptcy attorney who can assess your financial situation and determine what I Teresa, if any, you have in the property.

2 Answers | Asked in Real Estate Law for Oklahoma on

Q: We have a property with 8 listed owners. How many have to agree to sell the property for us to be able to sell it?

Vincent Gallo answered on May 30, 2019

All 8, and if all 8 can’t agree then any one owner can force a sale through judicial intervention.

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2 Answers | Asked in Contracts and Real Estate Law for Oklahoma on

Q: I am going to purchase a piece of property from my niece and her husband currently own. I am also going to buy

a park model mobile home to put on that property. I will have a mortgage on that property. I would like to will the land and home to my niece free and clear. Is there some type of mortgage insurance I could purchase. what would you suggest?

Bruce Alexander Minnick answered on May 17, 2019

You do not need to talk to an insurance lawyer--at least not now. You need a lawyer experienced in writing last wills to advise you. Hire one.

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1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on

Q: if I have a purchase and sales agreement on a property with a seller, Is it illegal to assign contract to investor?

Without a Realestate license. Oklahoma

Bruce Alexander Minnick answered on May 17, 2019

Under normal circumstances--if the purchase and sales agreement does not prohibit transfers, and if the transfer itself does not violate any law, the buyer can assign the contract to an investor. CAVEAT: If you are searching for some way to avoid having to get a license to buy and sell real estate... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on

Q: Do I need an attorney to file a contract for deed or can I do it on my own?

I was served a 10 day notice to quit on a property that I have a purchase agreement on through the owner. He is trying to push me off the land as he recently obtained a permit to grow medical marijuana. I have receipts and proof all payments are current.. I have been paying extra for the taxes and... Read more »

Richard Winblad answered on May 6, 2019

If the contract notarized with seller's signature you can file it as is. If not see an attorney.

2 Answers | Asked in Real Estate Law for Oklahoma on

Q: Can a potential buyer of undeveloped land listed with an realtor in Oklahoma remain anonymous thru the buying process.

My husband father and aunt inherited several acre of undeveloped land several years ago . The aunt stated years ago that she will not sell it to any of the grandchildren because her child couldn't afford it. My father-in-law doesn't care who buy it. They now have it listed with an realtor. My... Read more »

Richard Winblad answered on May 6, 2019

One solution may be to set up a LLC using a name that differs from your own. Since you are paying cash, loan approval would not be a problem.

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1 Answer | Asked in Real Estate Law for Oklahoma on

Q: my brother and i are both on the deed to my house. he does not reside in it, only i do. he wants to evict me

i and my mother where added to the deed by "quit claim deed" . my mother has since passed . can he do this?

Richard Winblad answered on May 2, 2019

Eviction is not the proper remedy, however it is possible that he could use a partition action to force the sale of the home. He also may have some rights of occupancy. Contact an attorney in Shawnee.

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: Is notice to quit enforceable on a land purchase

I have a contract on a piece of property with a home I am living in with my family.. seller has decided he now wants the property to legally grow marijuana on and has now served me with a 10 day notice to quit... everything I find states that the landlord tenant act does not cover a contract for... Read more »

Richard Winblad answered on May 2, 2019

If you have a contract for deed, it is treated as a deed and mortgage in return. It is not a landlord situation. He can only foreclose if you default in the payments or perhaps other provisions. If he attempts to evict, the small claims court will not have jurisdiction. You should file your... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: If a step son is entitled to % of the house we bought a year before he died. What would his % be based on new or time

Of death price. There was no will.

Doak Willis answered on Apr 28, 2019

Your question does not give enough facts in order to be answered properly. Depending on how the deed was made out when it was purchased and transfered over to you and him, that would tell the percentage he owned. For example, if the deed was made out to you and him as joint tenants with rights of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on

Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.

No fees are owed. Previous tenant (gifter) stayed the 5 years. My son has home title in his name on the way in the mail. Owner states she will not release lien until he has also stayed for another 5 years. Tag office states if we have lien release information they will issue new title. My son has... Read more »

Doak Willis answered on Apr 24, 2019

Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.

1 Answer | Asked in Real Estate Law and Contracts for Oklahoma on

Q: Can a rental property in Oklahoma keep a security deposit if I back out of renting before signing a lease?

I contacted an apartment community about renting a unit they had specials on. The apt was not finished and we looked anyway, decided we liked the layout and would put in an application. We paid a $50 app fee. We decided to move forward with a deposit on the property after the application was... Read more »

Kyle Persaud answered on Apr 23, 2019

You have the right to demand a return of the security deposit.

Okla. Stat. tit. 41 s 115 says:

A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a...
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1 Answer | Asked in Real Estate Law for Oklahoma on

Q: Apt Mangr told me I needed to pay the early termintn fee of two mths rent before I could give 30 day notice to vacate?

Kyle Persaud answered on Apr 12, 2019

Whether he can do this, depends on what was in the lease agreement.

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on

Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file it... Read more »

Kyle Persaud answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased...
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1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on

Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.

The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... Read more »

Kyle Persaud answered on Apr 4, 2019

File an action in court to remove the trustee.

Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.

The wording of the trust may also specify in which state a trust action must be filed. If that...
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1 Answer | Asked in Real Estate Law for Oklahoma on

Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?

There was never a lease filled out when we move in. We have been living here for 4 months.

Kyle Persaud answered on Mar 15, 2019

If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1

However, "thirty days notice in writing is necessary to be given by either party before he can terminate a tenancy at...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on

Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?

Plaintiff (72 yrs old, low-income, represented by legal aid attorney) filed case to obtain his 7 acres back from the Defendant who had forged the Plaintiff's signature on quick claim deed. Judge ruled infavor of Defendant, allowing him to keep 7 out of 14 acres that was previously (legally) owned... Read more »

Kyle Persaud answered on Mar 12, 2019

If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.

What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have ruled in...
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1 Answer | Asked in Real Estate Law for Oklahoma on

Q: Do we have a case?

My husbands grandmother passed and her property is almost up for taxes. It is his step dad’s mother but he raised him. None of the other family want anything with us (they are druggies and we are law enforcement) and they have no funds to probate and don’t wish to. They want to mooch off of the... Read more »

Ben F Meek III answered on Feb 13, 2019

There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.

Bought house last month and adjacent property developer recently placed “new” property boundary stakes in my yard and driveway. They are currently destroying the greenbelt between my home and yard and the new development. There was no disclosure prior to closing that 55 small homes on 100’ x... Read more »

Vincent Gallo answered on Jan 27, 2019

You should have acquired a title insurance policy that is intended to address your dilemma.

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