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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: In NYS Can a bank just add defendant(s) to a foreclosure action who were not involved in the mortgage?

I am involved in a foreclosure action in NYS. The bank added a person who lived in my home, but had nothing to do with the mortgage, deed, or title, as a co-defendant in the foreclosure action. Can this person be removed from the lawsuit?

Michael David Siegel
Michael David Siegel answered on Dec 13, 2019

No. They need to be in there to eliminate any claim of tenancy.

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My grandfather left a will which was a house to his daughters but my mother past away do I get her part of the house

Does my mothers part of the house/ will go to her sons and daughters since she past away

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

Much more information is needed to answer your question. Did your mother leave a surviving spouse? What does her will say? How much debt does she owe? Did she obtain any MediCal benefits before she passed?

2 Answers | Asked in Real Estate Law for Colorado on
Q: Our builder is defaulting on 20k of bills owed on our build project we paid him in full for. How do we protect ourselve

Most of the money is owed to a lumber store.

James Alan Greer
James Alan Greer answered on Dec 13, 2019

Dear California Homeowner: If your contractor is licensed in the state of California, then you have three steps to take, in my opinion: (1) send a "legal demand letter" to the Contractor demanding they pay the supplier and any other suppliers/subs owed money within the next 72 hours (copy the... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a home in a rural area on acreage for 10 years.There are many wooded areas with a variety of trees. My issue is

with the neighbor next door that moved here in 2014. She put up a short chain link fence on the property line and says her property extends 2 feet into my rental property. There are 2 dead small pine trees 2 living pines about 40 feet tall and 1 foot circumstance. She says I planted the trees so I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2019

You are not responsible. If anybody is responsible, it would be your landlady. but I don't see why she would be responsible either. If the trees are on her property she should remove them, if she desires.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: My HOA emailed out monthly financial that included a list of all delinquent homeowners. Is the HOA in violation?

Should the homeowners speak with attorney? This is violation of Georgia privacy act seeings as none of the homeowners gave consent to release personal account information, to include name and delinquent amounts. The next day HOA sent an email to apologize but the damage is done.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

Yes, it is best to consult an attorney to discuss the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If someone dies without a will and owned a house with two of her children will grandchild by a 3d deceased child inherit

House is in Pa. No will can be found. House Owned jointly by deceased and two surviving children. Third child died many years ago, never on the deed. Do the deceased daughter's children inherit anything?

Mark Scoblionko
Mark Scoblionko answered on Dec 12, 2019

No.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?

Thomas B. Burton
Thomas B. Burton answered on Dec 12, 2019

Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they listed... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered this 2... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

2 Answers | Asked in Real Estate Law for Florida on
Q: How to remove business name from co owned property when its out of business.

My 501 C3 owns a piece of property in Sebring, FL. It is co-owned through a bequest with another 501 C3. The other organization went out of business. I contacted the California Sec. of State and learned this. I still pay the taxes on both properties and want to remove the name of the other... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 11, 2019

You need to find member of final board of directors to sign a deed. You should consult with a title attorney as to requirements for your circumstances, otherwise you are probably looking at quiet title like lawsuit to gain full title

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am starting a wholesale company in MI. In my title i put real estate solutions. I am not a Realtor. Is this allowed.
David Soble
David Soble answered on Dec 11, 2019

Yes. There is no legal requirement that you need to be a licensed real estate agent in order to use the term "real estate" in your company name. There are other restrictions against non agents, but this is not one of them.

www.provenresource.com

1 Answer | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: My ex wife’s mortgage is in my name, if she stops paying the mortgage will it hurt my credit?

She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.

Timothy E. Angley
Timothy E. Angley answered on Dec 10, 2019

Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... Read more »

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I am selling my business to an employee (due to health problems) at a highly discounted amount.. The business is my name

Can I ask for any type of continuing override?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 10, 2019

Although I am not up to speed on the current requirements as to when a Realtor can lawfully share commissions with another Realtor without actually being involved in the specific transactions I recommend taking the high road, like that required of Florida lawyers sharing legal fees with associates... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is a live-in companion who provides health care services considered a tenant?

I am involved in a foreclosure case. For some time, I had a live-in companion who provided assistance with my health care. No written or oral contract existed between us charging rent. Ioften paid her in cash for her services. The bank claims she is/was a tenant and wants her added as a defendant... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 10, 2019

Not only is it legal, it is correct.

1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: my boyfriend and I have bought a home together. What happens if we split up and he moves out?

He is the primary on the home loan and I am co-signer. Can I have him taken off of the loan if he moves out so that the home will be in my name only? We both pay half of the mortgage.

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

You can ask t he lender to remove his name from the Note, but they are not going to do that without a payoff or a refinance (which is a payoff to them). You all are probably Tenants In Common, but you need to ascertain your exact estate. Read the Deed. There are also taxes and insurance, so... Read more »

1 Answer | Asked in Real Estate Law on
Q: See full details of question below.

My brother and a woman he was living with purchased a home together. The woman was however still legally married to her first husband at the time of purchase. My brother and the woman were later married after she was divorced from her first husband. The deed to the property lists the woman and my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

You did not disclose what State the land is in. And you did not state the exact estate created in the Deed. But most States Intestate Succession laws are similar. It sounds like your Brother was the surviving spouse and took the Fee. At his death, his Heirs-At-Law probably take as Tenants In... Read more »

2 Answers | Asked in Real Estate Law on
Q: Can a house be sold without signature of owner?

My house was sold by auctioneer. I did not sign any documents . The sale price was deducted from mortgage and rest deposited into bank account.i lived about 150,km from house .

Vincent Gallo
Vincent Gallo answered on Dec 9, 2019

Possibly; pursuant to a duly issued court order.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I bought land from someone who never filed easement.

I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in

Chancery Court to have an Easement Declared (which will be...
Read more »

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Taylor P Waters
Taylor P Waters answered on Dec 9, 2019

Yes, if the by-laws were recorded and include your unit.

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