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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Mexico on
Q: We have a signed contract of sale and we have deposited $80,000 into escrow. We were scheduled to close yesterday but

the seller kept delaying with all kinds of excuses. On Sunday, 6/28 she asked to delay closing for a couple of weeks. We agreed and I immediately emailed Pioneer Title in Alamogordo informing them that she wanted to delay closing. On monday, 6/29 the seller texted that she was canceling the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

Read your sale contract first. If you want the property and it does not appear the seller can disregard the sale, then hire a competent attorney to sue for specific performance. File suit while the earnest money is still in escrow, with the escrowee an included party (plaintiff or defendant).

1 Answer | Asked in Election Law and Real Estate Law for Pennsylvania on
Q: What would be the best way to address an HOA election dispute in PA?

It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board)... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 1, 2020

The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: I signed a lease but my roommate did not we are both on it as ‘resident’ and we want to get out of it

Move in date was supposed to be 6/29 but we didnt even receive confirmation that we were approved until that day. We looked around for other places and found one that we liked because they had been very bad at communication.

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

You signed the lease, so you are legally obligated to pay the rent. Try to work it out with landlord, or landlord could sue you for breach of lease and file an eviction. An eviction is a permanent court record that can make it difficult to rent from a landlord who checks the records. Landlord... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

1 Answer | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Who is the best person to talk to about consumer fraud? I suspect me and my husband are victims of consumer fraud.

My husband and I purchased the cabin. There was a verbal agreement that the seller would help us find a mover. I told him we would need help with getting a mover the first time I spoke to him. He said yes he would. Then when we proposed an offer and before he went in to the house to talk with... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 30, 2020

The District Attorney.

1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: We have the deed to house and 16 acres of land and have an equity line for 80% of the value. Can we sell 1 1/2 acres of?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: How can I void an incorrect deed?

My step-sister and I are PR's for our respective parents' estates. We were to execute deeds of distribution for the house, jointly owned by both, to ourselves individually (and then she'd execute a quit-claim to me). However, her deed of distribution has me as the grantee (which I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Hire a competent attorney to draft and record Correction Deeds. There are several statutory requirements, including derivation of title clauses which will need declarations of what was corrected on the prior recorded deeds.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Found my 4th great-grand fathers land patent from 1815. This land may be part of "state game property"..? Was told to

check Title records from 1795 to present, to see if there may be a claim to this family property..?

Crawford county, PA.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But if you feel it is important, hire a competent attorney to run a Title Search for at least 225 years. It will involve alot of inexact legal descriptions and questionable derivations of title. I suggest you start with a search back about 50 years to start with, as... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Deed to property has my name and my fiance's name on it. What are my legal rights to the property

If he passes away before we are married, with or without a will... What are my rights to the property? Both our names are on the deed.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You did not give the exact granting clause. But I assume both of you are Tenants In Common of One/Half Undivided Interests each. Have a lawyer, even in OH look at the Deed and tell you what it says. If T in C then the 1/2 Interests go to the respective Decedents' Heirs or Devisees. Other... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Must a new owner honor an agreement made by the tenant with a previous owner?

My lease ended on 26 June. I am due to move out on 15 Jul. My previous landlord texted me with the sum of pro-rated rent ($875) for my last days on 26 June. On 27 June, the new landlord demanded full rent ($1800) for the month of July (1st - 30th). He said my old landlord was not in a position to... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 30, 2020

Your new landlord doesn't understand how contracts work. The lease, in this case, an oral month to month lease, can exist and be enforceable when both parties make a promise to do a thing to the other. Your old landlord's promise was to let your rent for part of the month. Your promise... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What to do when sent a threatening letter based on inaccurate citing of code?

I just received a letter from our City Attorney regarding a city-owned vacant property I had a Right Of Entry to. It expired, COVID19 kicked in and I haven't been able to locate a new space. The cost for moving (heavy equipment etc) would be thousands of dollars and economic suicide for me to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Unlike a criminal complaint, a letter from a City Attorney does not have to accurately cite the section they are claiming applies. But the real answer, you already know, Lawyer up! A response from you will be unlikely to carry weight, and once the City sells your property for $0.05 on the dollar,... Read more »

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1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased vacant land on eBay, should receive warranty deed next month. There appears to be a house on it.

What ownership rights do I have? Their are also some small buildings, and heavy equipment and trucks and tractors.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 29, 2020

When and if you do receive the deed, you will also own whatever buildings are on it. The personal property is another matter. You can consider it abandoned, when you get the deed, and use or dispose of it. Be sure to ask for titles to vehicles. Be sure to record the deed.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My son owns property and for 15+ years has had an agreement with the next door neighbors to use a portion of their

property to access the rear of my son's property where he stores his boats and camper. Last year the neighbor sold his property and the new neighbors won't allow my son to use that piece of property to get to the rear of his own. The agreement with the former neighbor was verbal, nothing... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 29, 2020

Probably not. A claim of "adverse possession" against a neighbor requires 21 years of use, and the use must be "adverse." If it was done with old neighbor's permission, then it was permissive, not adverse. He could offer new neighbors a payment for an easement, but they don't have to agree.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

Angela L. Haas
Angela L. Haas answered on Jun 29, 2020

He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: Can I sell my house with unpaid property taxes? It is not up for tax sale, but is 2 years delinquent.

I have a buyer, and will be selling the house for the remainder of the mortgage, walking away from the closing table with nothing.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 29, 2020

You can sell your house but the unpaid property tax will have to be paid at closing.

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