Get free answers to your Real Estate Law legal questions from lawyers in your area.
The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... View More 
answered on Mar 15, 2022
It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... View More
My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... View More
answered on Jan 31, 2022
If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.
In the State of Oregon
answered on Jan 11, 2022
Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... View More
We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... View More
answered on Jan 7, 2022
You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.
My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... View More
answered on Nov 30, 2021
In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... View More
I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... View More
answered on Nov 19, 2021
It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... View More
The title of the property was free and clear when it was bought. Negotiating with this neighbor doesn't seem to be an option.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2021
You will have to hire a competent OR attorney who engages in real property litigation. Your argument is that the boundary has long been acquiesced by all adjoining landowners for a long time. The suit will be a boundary dispute, which is basically a declaratory judgment action. You will need... View More
I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.
answered on Oct 6, 2021
When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”
You... View More
answered on Oct 4, 2021
Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... View More
He was told this by the relastate company representative handling the property.
answered on Sep 27, 2021
The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... View More
answered on Aug 30, 2021
It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.
I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... View More
answered on Aug 12, 2021
If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?
We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... View More
answered on Jul 25, 2021
Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.
If he holds onto the property, either as a... View More
My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... View More
answered on Jul 7, 2021
It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.
I own a property with my dad and ex-wife. My dad and ex-wife both want to exit ownership through a quitclaim. Can they file quitclaims for themselves or do we all need to sign off on each one?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2021
You have not stated the exact Estate that each of you own presently. But most likely one quit claim deed from your Father and ex wife as grantors will place the Fee Simply Title in you. Hire a competent OR attorney to handle this properly.
We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here
answered on Jun 19, 2021
Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... View More
Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?
answered on May 27, 2021
One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which... View More
My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... View More
answered on May 17, 2021
Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... View More
We just bought a house. We gave the seller an extra 25 days to find a new place. We are now days away from our possession date and she told us that she has not found a new place yet so she won't be out in time. We did not hold any money in escrow. We have to be out of our current home. What... View More
answered on May 9, 2021
Unfortunately, you have no leverage, because there is not any money in escrow. You should probably speak to a lawyer and move forward with eviction or whatever that lawyer suggests.
Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... View More
answered on May 3, 2021
Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... 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.
