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Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 29, 2021

Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.

So for example, if you dad purchased his house for $75K in 1995, and when he died in January...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Is a 10 day due diligence required in Missouri when purchasing real estate?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2021

There is no such general requirement under Missouri law.

1 Answer | Asked in Real Estate Law and Landlord - Tenant on
Q: I signed a lease in a new construction home. I’ve recently found out the HOA prohibits this. Should I be concerned?
Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Yes... The HOA will probably fine the owner, and possibly execute the lien by foreclosure. Hire an attorney to help you walk out of this.

1 Answer | Asked in Real Estate Law on
Q: real estate question, my lawyer is having problems sending money to seller laywer. Closing date delayed to day 3, advice

Hi,

I purchased a house. My closing date was July 27. My lawyer cleared all papers, and received the mortgage money from my bank. There was a problem with the transaction between my lawyer and selling lawyer. Now my closing is delayed 3 days, and I have to evacuate my current place. My... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Apparently you agreed to reschedule the the execution of the contract to purchase real property. My suggestion is you and your lawyer show up promptly on the day and time agreed upon with certified funds and make a tender. If no deed is received, then file suit the next day for specific... Read more »

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Real Estate Law for California on
Q: How can I speak on incapacitated homeowner's behalf to her HOA? (California)

I'm a caretaker for my mom(homeowner) and we're having problems our HOA. They've been ok with me speaking on her behalf in the past but today I was just told to leave the meeting as it was a homeowner's meeting. She suffers from a variety of illnesses and is unable to speak to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 28, 2021

If you’re mom has the mental capacity she should sign a power of attorney that gives you the right to speak on her behalf. Your facts are a little confusing. It’s not clear if you are being charged the fees because you are late on payments or if there is some other reason. I recommend you ask... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Balloon loan reached maturity in April. Investor wouldn't grant a modification. Refinance 3+ months with lendor.

Balloon Loan mortgage company taken over 3 months to refinance and has reported non payment since May to the credit bureaus. Do I have any recourse? This has destroyed my wife & I's credit score.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

The fault for not paying the balloon off is yours as far as the existing lender is concerned. You owed the money by a due date under the note. You failed to pay when due. The report to the credit bureau is not legally improper from that lender's perspective, since you defaulted on your... Read more »

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: Am I required to provide a purchase agreement as the seller of our home?

Hi, my husband and I are selling our home by owner. We have someone who verbally made us an offer on the house. Im unsure if im required to draw up a purchase agreement or if thats supposed to be his obligation. Also, if I can pay a real estate attorney to do the purchase agreement if so? Neither... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

At some point in time something is going to have to be drawn up and signed, most likely called the Act of Cash sale. Who is preparing that? Before the act of cash sale, most times the parties have a purchase agreement prepared and signed so that the parties have in writing the details of the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Washington DC on
Q: Can I evict holdover tenants in DC without waiting for 60 days after the moratorium?

My tenants are now considered holdover tenants and I want possession of property because I don’t want to rent any more and there are certain time lines for evictions in DC.

My understanding is 30 days wait/ 30 days notice to quit then eviction.

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Your understanding is incorrect. You are not at the same kind of risk if you give proper 30-day notice and then file suit. That will merely be dismissed. But, if you attempt self-help, you are at grave risk. Buy a consult with a lawyer. For starters, it's a 90-day notice. Next, if the property... Read more »

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: Hi. I bough a house for $265,000 inn November 2014 with a girlfriend. Her Father actually bought the house outright.

However, he was not put on the deed then or ever. Only myself and girlfriend were on the deed. I was hesitant in buying the house this was as I didn't feel like I was buying the house and didn't have the pride in buying my first home myself. Plus, I did not qualify for the first time home... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Didn’t I answer this yesterday. When you sign papers, they matter. Let a lawyer review what you sighed… ya’know… like the grown ups. You will likely pay for the review.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother wants to transfer her real estate deed to me, her son. What would be the best options and procedures.

Property is located in Bayamon PR. I currently live in New Jersey USA. What would be, if any, the tax liabilities.

Morris Leo Greb
Morris Leo Greb answered on Jul 27, 2021

Retain the services of an attorney admitted to the PR bar!

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Missouri on
Q: I lease a Walkabout Properties home. No stair rails installed on deck. Lost balance on stairs and fell. May I sue them?

This event happened Fri., June 4, 2021, at 5 p.m. I suffered a concussion with a large subdural hematoma. No fractures, but the fall injured my back, sacral area, neck and shoulders. A level 3, or mid to severe concussion, can take time months to heal. I have a continual headache, including... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

I'm sorry for your accident and the injuries you suffered. This is really something that a Missouri attorney should advise on, but your post remains open for four weeks. If you reached out to attorneys in the Springfield area, most would probably offer free initial consults on such matters.... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: I bought a house with a girlfriend in November of 2014. On a side note concerning my girlfriend paying utilities.

Every envelope on the outside in bold all caps red letters read the following, "DELINQUENT NOTICE, PAY IMMEDIATELY OR FACE POTENTIAL UTILITY TURN OFF". One month I finally opened one and there was a substantial amount due because she had not been paying the bill. This similar thing... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 26, 2021

To recap, you need to review the real documents with a real lawyer. And, the next time you "signed a document her Father wrote that stated my signature signified I was off the deed" without reviewing it with a lawyer, you'll get exactly what the document might or might not say. What... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: If you are co-owner with a person on a house deed can they be removed if they don't pay their part in property taxes?
Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

They can only be removed if they agree (voluntarily by signing a deed) or by court order if you file a lawsuit to remove them.

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