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Real Estate Law Questions & Answers
Q: My father is trying to kick me out of my home. I’ve lived with my parents my whole life. I have done nothing malicious
Leonard R. Boyer's answer
Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home, when you should be with the father of your child, who should be supporting you and providing medical and financial support for you and the child? You have your priorities all wrong. You are not willing...
Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home, when you should be with the father of your child, who should be supporting you and providing medical and financial support for you and the child? You have your priorities all wrong. You are not willing...
Q: have contract to purchase home and I the buyer have been told there are leases on property.
Leonard R. Boyer's answer
Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.
Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.
Q: Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
North Carolina
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Charles Evan Lohr's answer
A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need assistance.
Best regards,
Evan Lohr
(919)348-9211
Evan@lohrnc.com
A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need assistance.
Best regards,
Evan Lohr
(919)348-9211
Evan@lohrnc.com
Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.
1 Answer
| Asked
in
Contracts, Real Estate Law and Small Claims
for
Colorado
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Q: My grandma passed and left alot of land to my mother, brother, sister and I.
2 Answers
| Asked
in
Land Use & Zoning, Real Estate Law, Estate Planning and Family Law
for
Tennessee
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed
Richard Sternberg's answer
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.
Q: My inlaws paid off a sub-loan in 2003 from a bank that went bankrupt and they need proof. How can they get proof?
Terrence H Thorgaard's answer
When a bank folds, another bank is assigned to step in and, among other things, keep its records. Find the successor bank and ask them.
When a bank folds, another bank is assigned to step in and, among other things, keep its records. Find the successor bank and ask them.
Q: Can my HOA disregard the terms of my discloser notice to prorate their bill and charge me late fees before i move in?
Anthony Marvin Avery's answer
You are pretty much at the HOA' s mercy. As the owner of a condominium, you are subject to a ton of restrictions and fees. If they sue to execute on the lien, or worse, just conduct an execution sale, then you either satisfy the lien or file a very expensive Chancery Suit for a Declaratory Judgment and Injunction. The usual way of dealing with this is to acquire other owners to back you running for a position on the HOA.
You are pretty much at the HOA' s mercy. As the owner of a condominium, you are subject to a ton of restrictions and fees. If they sue to execute on the lien, or worse, just conduct an execution sale, then you either satisfy the lien or file a very expensive Chancery Suit for a Declaratory Judgment and Injunction. The usual way of dealing with this is to acquire other owners to back you running for a position on the HOA.
Q: I am an heir to property in Georgia and my uncle is try to become the administrator of the property what does that mean
Terrence H Thorgaard's answer
I guess that means that he has applied to be personal representative (also called "executor" in some places), but to be sure you should ask your question in Justia › Ask a Lawyer › Georgia › Probate >.
I guess that means that he has applied to be personal representative (also called "executor" in some places), but to be sure you should ask your question in Justia › Ask a Lawyer › Georgia › Probate >.
Q: My mother owns her condo with her late husband as tenants in common - his 1/2 is now part of his estate with his 4 kids
Michael David Siegel's answer
Your real estate attorney is right. However, the lien is only on the part of the property belonging to that child, not the whole property. The proceeds for that child must go to pay the judgments. There are work arounds as long as the child is cooperative, and the attorney should have discussed these before talking to the title company.
Your real estate attorney is right. However, the lien is only on the part of the property belonging to that child, not the whole property. The proceeds for that child must go to pay the judgments. There are work arounds as long as the child is cooperative, and the attorney should have discussed these before talking to the title company.
Q: I am selling a house with a tenant in the process of being evicted.
Elaine Shay's answer
Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.
Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.
Q: s there a statute in New york State about landlord access to an apartment
Elaine Shay's answer
The rights of the landlord to access an occupied apartment can be impacted by the provisions in a lease as well as the purpose for desired access. More information would be useful to provide a relevant response.
The rights of the landlord to access an occupied apartment can be impacted by the provisions in a lease as well as the purpose for desired access. More information would be useful to provide a relevant response.
Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?
Richard Sternberg's answer
There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that...
There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that...
Q: My uncle and his girlfriend bought a house together about 4 years ago. He wants to sell but she doesn't. What can he do?
Gerald Barry Dorfman's answer
Assuming the property is in California, he can file a court action for "partition". In this type of court proceeding, the court divides the property according to the interests of the owners, sometimes adjusting their shares. Most of the time this is accomplished by a court-ordered sale and division of the sale proceeds. Sometimes just the threat by a lawyer to bring such a case will stimulate settlement discussions.
Assuming the property is in California, he can file a court action for "partition". In this type of court proceeding, the court divides the property according to the interests of the owners, sometimes adjusting their shares. Most of the time this is accomplished by a court-ordered sale and division of the sale proceeds. Sometimes just the threat by a lawyer to bring such a case will stimulate settlement discussions.
Q: I am trying to find out what type of lawyer I need. Some land was purchased in my name without my knowledge or consent.
Thomas A. Grossman's answer
I think you need to investigate the matter before you start spending money on an attorney. It is not too difficult to go on the internet and look up the property. The property is apparently located in the County of Shasta. You can contact the County Recorder for Shasta County and see if you can retrieve some documents from them. I don't understand how someone can purchase real property in your name unless they are attempting to perpetrate a scam on you. I would check out the County...
I think you need to investigate the matter before you start spending money on an attorney. It is not too difficult to go on the internet and look up the property. The property is apparently located in the County of Shasta. You can contact the County Recorder for Shasta County and see if you can retrieve some documents from them. I don't understand how someone can purchase real property in your name unless they are attempting to perpetrate a scam on you. I would check out the County...
Q: What about breach of verbal contract? How can you say verbal agreement means nothing?
1 Answer
| Asked
in
Real Estate Law, Civil Rights, Constitutional Law and Landlord - Tenant
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady
2 Answers
| Asked
in
Estate Planning, Family Law, Real Estate Law and Adoption
for
New York
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Michael David Siegel's answer
S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.
S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.
Q: Do we have a case?
Ben F Meek III's answer
There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able to buy out the family members that have interests. You and your husband should bring what papers you have relating to the property and any Wills his ancestors left behind and go see an experienced...
There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able to buy out the family members that have interests. You and your husband should bring what papers you have relating to the property and any Wills his ancestors left behind and go see an experienced...
Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses
Anthony Marvin Avery's answer
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.
Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.
Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
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