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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Washington on
Q: My son and daughter own a piece of property in Wa. State, 50% each. My daughter signed her 50% over to me with a quite

claim deed, notarized, but has not been recorded. Is it a legal document ? Which one of us own the 50% ?

Steven Willock
Steven Willock answered on Oct 15, 2019

Assuming the quit claim deed conveying your daughter's 50% interest to you complies with the statutory requirements for a quit claim deed under Washington law, the deed would be a legal document enforceable against your daughter even if it has not been recorded. A deed does not need to be recorded... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people
Joanne Reisman
Joanne Reisman answered on Oct 15, 2019

An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

Kenneth Prigmore
Kenneth Prigmore answered on Oct 15, 2019

The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.

If...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Only my husband's name is on the property deed. Do I need to be on it as well?

What is the process? We have a will in which he lists me as inheriting the house should something happen to him.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

No your name does not need to be on it; however, the will does need to be probated at the time of his passing. He could also leave the house to you in a Revocable Transfer on Death Deed. Speak with an Estate Planning Attorney to find out your options.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 15, 2019

Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »

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2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for Massachusetts on
Q: in MA an offer was placed on my property on 8/9/19 we are now well passed the 45 days agreed upon for closing.

Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 15, 2019

I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the Seller's... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: I have a question regarding breaking a lease agreement less than 24 hours after i signed it

The owner said he would refund my months rent and deposit once its rented but hes no longer showing the apartment and not returning my calls

Elaine Shay
Elaine Shay answered on Oct 15, 2019

The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting him/herself... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: We flipped a home 5 years ago, and 2 buyers later, the new buyer is suing us for shouty workmanship.

She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.

Donald C Eby
Donald C Eby answered on Oct 15, 2019

You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can you transfer your half ownership in a house to the other half owner with a quit claim deed or a title transfer?

In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.

Jason Anthony Greller
Jason Anthony Greller answered on Oct 15, 2019

Yes, you may transfer an interest with a quit claim deed although that might not be the safest way to handle this matter.

Anytime someone is paying money for an interest in property they are well advised to obtain a Warranty Deed and a title insurance policy - even in transactions between...
Read more »

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 15, 2019

Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Which takes precedence RULE 69.07: or Tenn. Code § 66-25-102 ,,

I payed the judgement liens and now they say they have 45 days to remove the liens from my home. I need to sell so I can move to a retirement home. Thanks

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Usually the Statute controls. But as a practical matter what counts is removing the lien. Why did you pay it off without getting it released at the same time? They may take a year or never release it. Your only recourse is to file an expensive suit, hopefully in the same Court that rendered... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... Read more »

Donald C Eby
Donald C Eby answered on Oct 15, 2019

The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I got a house and a double wide and my land and they are on the same address would the double wide be mine

There are on the same probity I'd number

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Mobile Homes usually have a Document of Title, and are considered personal property usually. Unless they are a permanent fixture to the land, they are still mobile. Whoever has the Title Certificate has the best claim to ownership of the Mobile Home. Your paying property taxes on the Mobile... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Dealing with black mold property manager several times. since the owner has switched property managers 2x.
Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2019

Since you ask no question, there is nothing to respond to.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My neighbor is landlocked and has used my driveway to access her property for 50 years. What are her easement rights

and can she transfer them upon sale of her property

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

She has an easement by prescription for the driveway if she does not have an express easement. Yes, these easements are transferable.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello

I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can i pay my delinquent taxes and keep my property after sale
Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I assume that you are writing about a tax sale of your property. Yes, you can pay your taxes and recover your property for a certain amount of time after a tax sale. See an attorney for details.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a 1/2 undivided interest & life tenancy in a home. If I move out, don't I still have 1/2 interest in the property

I'm 80 and want to go live with relatives out of state. I have life tenancy in my house and the warranty deed I set up says I have "one half undivided interest in the property for and during my natural life." I want to know if the remainderman has unrestricted right to do whatever he chooses if I... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

If you move out you retain your 1/2 interest. You can sell your interest to the remainderman. If rent is collected, you are due 1/2 of this after expenses. IF he sells the property it will be subject to your life estate. One cannot sell what one does not have, and the remainderman does not have... Read more »

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