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Real Estate Law Questions & Answers
Q: How do we have our names removed from a home owned by multiple people left in an estate?
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.
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.
Q: If you receive money from a court judgement do you have to pay taxes on the money?
P. Justin Thrailkill's answer
You need to talk to a CPA about this, not an attorney (unless they are a tax attorney).
You need to talk to a CPA about this, not an attorney (unless they are a tax attorney).
Q: I purchased a home with a backyard patio that was not permitted. Can I take legal action?
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.
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.
Q: In wisconsin do you have to disclosure a suicide that was committed in house for sale
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...
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...
Q: Selling my half of inherited home still in trust after father's death is resulting in confused paperwork.
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.
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.
Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...
1 Answer
| Asked
in
Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant
for
Texas
on
Answered on Aug 14, 2018
Answered on Aug 14, 2018
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.
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.
Q: Home is under warranty, whenever it rains water seeps in the basement. Is the seller responsible for fixing the issue?
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.
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.
Q: My roommate is trying to evict me because we aren't close friends.
F. Paul Maloof's answer
In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.
In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.
Q: Since 2nd pmt was not pd on date agreed does this void agreement? Unit has been rented.
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).
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).
Q: I want to sell my house that was willed to me. I never had the deed switched and there were liens 14 yrs ago.
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....
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....
Q: How can I get more information about my deed?
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.
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.
Q: My father passed away 18 years ago. He has a small, now unlivable mobile home on a 1 acre lot that i've paid electricity
1 Answer
| Asked
in
Estate Planning, Family Law and Real Estate Law
for
Tennessee
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
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.
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.
Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?
1 Answer
| Asked
in
Consumer Law, Foreclosure and Real Estate Law
for
Tennessee
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
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.
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.
Q: Is there anything my mom can do to kick out her boyfriend who is on the lease? Without paying thousands.
1 Answer
| Asked
in
Civil Litigation, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
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.
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.
Q: Hello. I am a landlord. A tenant broke a lease that had 11 months left. We agreed to they're paying four months.
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.
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.
Q: My father died and has a reverse mortgage on his house. Am I obligated to clean out the house before the bank takes it?
Ryan K Hodges' answer
You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.
You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.
Q: Can I claim adverse possession from an estate that I am an heir to?
Michael David Siegel's answer
No. Your only remedy is to compel a distribution of the property, and if you want the whole thing, to buy others out.
No. Your only remedy is to compel a distribution of the property, and if you want the whole thing, to buy others out.
Q: How long do sellers have to close on a house? It is already 30 days past the one or about date, I the buyer am ready
Michael David Siegel's answer
You have one option -- send a time of the essence letter in a form governed by statute. That sets a firm date, upon which there is a default.
You have one option -- send a time of the essence letter in a form governed by statute. That sets a firm date, upon which there is a default.
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