Elaine Shay's answer If your husband intends to make a gift of his interest in the property to his sister, he may do so by executing a deed in her favor. Before doing so, he should be sure he is not obligated for the repayment of any loans secured by mortgages on the property and may want to consult with his accountant regarding any possible gift tax implications.
Thomas A. Grossman's answer If at the time the seller disclosed to you that the patio was not permitted they knew that the City had opened a claim against them, you might be able to sue the seller for the tear-down costs you are now incurring, which they should be responsible for.
Thomas B. Burton's answer In Wisconsin, owners of real estate who occupied a property are required to complete a Real Estate Condition Report and give it to the buyer prior to the closing. Certain people are exempt from completing this report such as personal representatives, trustees, conservators, or a fiduciary appointed by or subject to supervision by a court, who have never occupied the property. This Real Estate Condition Report concerns defects to the property of which the owner is aware. It covers a multitude of...
Genene N. Dunn's answer This is a complicated question and process. There is a way to handle a buy-out without causing any tax consequences, and preserving the tax benefits from inheriting property, but the paperwork has to be handled correctly. If your brother is getting a loan to buy you out then the loan company might be making him get the property fully in his name before they can fund his loan. It would depend on what this "gift of equity" letter is and the reason for it.
Paul Looney's answer You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.
Mark Oakley's answer There is a wet basement disclosure, so did you get that signed by your seller? Look through your mountain of contract addenda. Look at all the disclosures you received. That’s the start. If they knew of the leaky basement (and you can prove it) and they failed to disclose it then you have a possible claim against them.
Thomas A. Grossman's answer As I said before, I think it depends on whether or not the agreement was in writing. Without knowing all the facts, if the unit was rented within two months then it seems fair to split the four months (my opinion only).
Anthony Marvin Avery's answer If the Will was not Probated, then it has no effect, and hopefully you take as the Heir-At-Law. You will need an Affidavit of Heirship filed at the Register's Office for a source of Title. Liens usually come about only as a Judgment, grantor agreed filings or certain certain government agencies that can place Liens without first obtaining Judgments. You need a competent attorney to perform a Title Search and then decide what to do from there. If there are Liens, then you take subject to....
Anthony Marvin Avery's answer Perform Title Searches, all the way back to 1870 and back to present for both chains of title. Look at old Tax Maps, examine the Tax Rolls carefully, and insure that your predecessors in title have continuously paid taxes on the correct tract. Hire a competent attorney, not a title company.
Anthony Marvin Avery's answer Perform a Title Search. If there is no proof of marriage, assume it did not occur. If it did, look for Divorce. If Spouse survived, then assume her or her issue own 1/3. You might want to hire a competent lawyer to file a Quiet Title Action. Otherwise, consider yourself the owner through Adverse Possession and the Sole Heir-At-Law of Father.
Anthony Marvin Avery's answer Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Charles M. Baron's answer Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.
Thomas A. Grossman's answer Since your tenants broke the lease, I would give you the benefit of the doubt. If your "agreement" about splitting the damages was in writing, then you probably must abide by it. If it was only verbal, then I think it is fair for you to charge rent until the unit is re-rented (although you must actually try to rent the-e unit ASAP). Perhaps all of this can be avoided by a slight modification of the agreement, once the tenant calms down.
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