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Real Estate Law Questions & Answers
Q: My brother and I bought a house in 2011, it is in both our names. He passed away in July.
Thomas. R. Morris' answer
If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.
If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you.
You may want to consult with an attorney or your tax advisor as to the tax ramifications of...
If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary.
If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you.
You may want to consult with an attorney or your tax advisor as to the tax ramifications of...
Q: I sold a house on a land contract. The buyer is renting out the house and the renter is now 3 months behind on his rent
Dr Kenneth V Zichi J.D.'s answer
Your contract is with the buyer NOT the renter, so it is best to not get them involved, other than you may want to address the forfeiture notice to both the buyer and "all other occupants of" and make sure one is sent to the property address as well as the mailing address of the buyer. You may need to either evict or get a lease with this person at some point in the future if the payments continue to not be made but this is something you need to jump on NOW to insure you don't 'earn' yourself a...
Your contract is with the buyer NOT the renter, so it is best to not get them involved, other than you may want to address the forfeiture notice to both the buyer and "all other occupants of" and make sure one is sent to the property address as well as the mailing address of the buyer. You may need to either evict or get a lease with this person at some point in the future if the payments continue to not be made but this is something you need to jump on NOW to insure you don't 'earn' yourself a...
Q: How do you find out if a house is sold or in contract?
Michael David Siegel's answer
In Patchogue, go to MLSLI.com which is the multiple listing service there.
In Patchogue, go to MLSLI.com which is the multiple listing service there.
Q: Do I have to sue to get my rental deposit back?
Andy Wayne Williamson's answer
In short yes.
Here is the statute number that governs return of security deposits.
83.49 Deposit money or advance rent; duty of landlord and tenant.—
til such moneys are actually due the landlord;
Do a google search to pull up the full statute.
I suggest that getting a tenants lawyer is your best option.
In short yes.
Here is the statute number that governs return of security deposits.
83.49 Deposit money or advance rent; duty of landlord and tenant.—
til such moneys are actually due the landlord;
Do a google search to pull up the full statute.
I suggest that getting a tenants lawyer is your best option.
Q: Can I put lien on someone property who previously passed away? Lent about 10 grand for remodeling his home.
Gerald Barry Dorfman's answer
You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.
You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.
Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)
2 Answers
| Asked
in
Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Derek John Soltis' answer
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
Q: If I signed a contract to purchase land and land was found to be unsuitable for buidling after option. How do i void it?
Vincent Gallo's answer
Did you include a contingency in your contract which provides for soil suitability for building. That will answer your question specifically.
Did you include a contingency in your contract which provides for soil suitability for building. That will answer your question specifically.
Q: Is a tenant required to give 30 day notice, after landlord served tenant w 60 days to vacate?
1 Answer
| Asked
in
Landlord - Tenant and Real Estate Law
for
California
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Gerald Barry Dorfman's answer
Verbal notice is not legal notice, unless the landlord has waived written notice. If a tenant wants to leave before the 60 days expires, they need to give valid notice. How much, if any, of the security deposit can be kept depends on how many days left, landlord efforts to re-rent or otherwise mitigate damages, and other factors.
Verbal notice is not legal notice, unless the landlord has waived written notice. If a tenant wants to leave before the 60 days expires, they need to give valid notice. How much, if any, of the security deposit can be kept depends on how many days left, landlord efforts to re-rent or otherwise mitigate damages, and other factors.
Q: Signing house over?
Andy Wayne Williamson's answer
I suggest that your father consult with a real estate attorney in the county where the property is located to determine what options might be available to him.
There is not a way to answer without looking at the documents ect. Thus going to an attorney in person might yield a more detailed analysis.
I suggest that your father consult with a real estate attorney in the county where the property is located to determine what options might be available to him.
There is not a way to answer without looking at the documents ect. Thus going to an attorney in person might yield a more detailed analysis.
Q: House was foreclosed I had bought the water tank and furnace because the original broke. Am I allowed to take it with me
Barry Eran Janay's answer
Not legally. They are fixtures that are tied to the real estate like any other improvement.
Not legally. They are fixtures that are tied to the real estate like any other improvement.
Q: If we have property that is joined to our property can we file for Adverse Possession of this property?
Tristan Kenyon Schultz's answer
Colorado has several restrictive requirements of adverse possession, the biggest hurdle for most AP claims is that the adverse party must pay real estate taxes on the disputed property for the minimum statutory duration.
Contact an attorney for details. Expect to pay for the opinion.
Colorado has several restrictive requirements of adverse possession, the biggest hurdle for most AP claims is that the adverse party must pay real estate taxes on the disputed property for the minimum statutory duration.
Contact an attorney for details. Expect to pay for the opinion.
Q: My RE agent says that sellers can no longer cover buyers closing costs or nj mansion tax. Is this true or is this wrong?
Leonard R. Boyer's answer
Your real estate agent is not an attorney. The RTF is payable buy the SELLER of the house, and it is assessed on the sale of any property, regardless of it's price. It's a graduated scale, sort of like income taxes. The Mansion tax, or millionaires tax, is paid by the BUYER of any real estate with a sales price of $1 million or more. It is assessed at 1% of the sale price. There is nothing to stop the seller from reimbursing the buyer of the home for the "mansion tax", but that would have tax...
Your real estate agent is not an attorney. The RTF is payable buy the SELLER of the house, and it is assessed on the sale of any property, regardless of it's price. It's a graduated scale, sort of like income taxes. The Mansion tax, or millionaires tax, is paid by the BUYER of any real estate with a sales price of $1 million or more. It is assessed at 1% of the sale price. There is nothing to stop the seller from reimbursing the buyer of the home for the "mansion tax", but that would have tax...
Q: sold a house while out of state and new owner wont let us retreive our possessions
1 Answer
| Asked
in
Civil Rights, Small Claims and Real Estate Law
for
Indiana
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
William Head's answer
The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?
You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard of this set of facts. These facts are not clear enough to sort it out.
But, if my things were missing, I'd get a lawyer in that jurisdiction, and not post a message online.
The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?
You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard of this set of facts. These facts are not clear enough to sort it out.
But, if my things were missing, I'd get a lawyer in that jurisdiction, and not post a message online.
Q: I have until tomorrow to pay my rent or the eviction process starts. How long Do I have to pay the rent be4 I'm evicted
Andy Wayne Williamson's answer
Typically, if you do not pay your rent the landlord will serve you with a 3 day notice of eviction for non payment of rent. There is not a way to tell you how fast your landlord will move on the process. You just need to get your rent paid up by the deadline.
Typically, if you do not pay your rent the landlord will serve you with a 3 day notice of eviction for non payment of rent. There is not a way to tell you how fast your landlord will move on the process. You just need to get your rent paid up by the deadline.
Q: Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?
2 Answers
| Asked
in
Bankruptcy, Contracts, Foreclosure and Real Estate Law
for
California
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Harlene Miller's answer
As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title owner and still responsible for the HOA fees. Or it is possible that a foreclosure sale never actually occurred. I suggest you seek further advice from a real estate attorney.
As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title owner and still responsible for the HOA fees. Or it is possible that a foreclosure sale never actually occurred. I suggest you seek further advice from a real estate attorney.
Q: I am buying a rental house in Cincinnati, there is a man has been living in the basement for 12 years, no contract.
Joseph Jaap's answer
Make it a condition to the purchase contract that sellers get him out before the closing. Otherwise, you will have to go through an eviction action after you purchase, and that could take a couple months, and he could cause damage. You want the sellers to deal with that.
Make it a condition to the purchase contract that sellers get him out before the closing. Otherwise, you will have to go through an eviction action after you purchase, and that could take a couple months, and he could cause damage. You want the sellers to deal with that.
Q: How many days late is standard to send a pay or quit letter?
Richard Sternberg's answer
You may file a complaint whenever the lease says the rent is due after periods to cure specified in the lease have been exhausted. I've never read a lease in which the tenant can delay rent payments merely by informing the landlord that the rent would be late. The best policy, generally, is enforcing your lease promptly as written so that tenants do not form an expectation that the payment of rent is voluntary.
You may file a complaint whenever the lease says the rent is due after periods to cure specified in the lease have been exhausted. I've never read a lease in which the tenant can delay rent payments merely by informing the landlord that the rent would be late. The best policy, generally, is enforcing your lease promptly as written so that tenants do not form an expectation that the payment of rent is voluntary.
Q: can someone sell part of their property and land lock themselves in?
Dr Kenneth V Zichi J.D.'s answer
If THEIR land also has an easement that meets appropriate local standards, they can use that for access so it would not 'land-lock' their property. Without seeing ALL the paperwork however, it is impossible to know what the status of the transaction would be.
If you are even SLIGHTLY considering buying property without having an experienced local real estate attorney review the paperwork, STOP. Look in the mirror and say "Is it worth a few hundred dollars to be buying into a potential...
If THEIR land also has an easement that meets appropriate local standards, they can use that for access so it would not 'land-lock' their property. Without seeing ALL the paperwork however, it is impossible to know what the status of the transaction would be.
If you are even SLIGHTLY considering buying property without having an experienced local real estate attorney review the paperwork, STOP. Look in the mirror and say "Is it worth a few hundred dollars to be buying into a potential...
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