Real Estate Law Questions & Answers

Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Feb 21, 2018

As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the alternative, I've also helped individuals who simply want to return the deed to the timeshare company. I recently wrote an article for my state's bar association which summarizes options for timeshare owners. You can...
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Q: HOUSE WITH NO MORTGAGE WAS TRANSFERRED TO MY NAME WITH THE UNDERSTANDING THAT THE ELDERLY FOLKS GET TO LIVE THERE TILL

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Feb 21, 2018

Impossible to know the tax implications without fully reviewing the relevant legal documents to determine exactly what was done and how. Hire an attorney or consult the attorney who handled the transaction to do this.
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Q: Will it still be the same if the house not paid for yet? I already assumed the loan it's just the deed part

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Texas on
Answered on Feb 21, 2018

Your question is not clear. Will what still be the same?
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Q: Under general laws chapter 59 section 38D can they charge me 50 dollars if I do not have info to them in sixty days?

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Answered on Feb 21, 2018

Under the plain language of the law itself, they do have the authority to charge a $50 penalty if you do not provide them the information required for them to assess the residential property: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter59/Section38D
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Q: Does death of a joint tenant (tenancy by entirety) void a third party lease contract?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 21, 2018

A lease must be written. A valid lease survives death. If you are co-owners and only your wife signed, the lease is not valid as both owners must sign.
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Q: My ex husband is selling the house we owned together. Can I have a lein placed on the proceeds if he owes me money?

1 Answer | Asked in Real Estate Law for Arizona on
Answered on Feb 21, 2018

If you move quickly you should be able to collect. I recommend having your court order reviewed by an attorney. It may be possible to record the order and collect at COE. If, after review, this does not appear feasible, you can proceed through the Court to obtain payment of your portion of the sales proceeds. A review of your court orders may suggest other options as well.
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Q: A new owner of a complex I lived in has hired a collection agency and is demanding money I do not owe.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 21, 2018

No way to say for sure based upon the information you lost. You need to retain a tenant attorney from the area where the property you reference was located to evaluate the whole situation. If you do not properly respond they can get a judgment against you.

Good luck.
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Q: Can the landlord send a text to evict you for not paying the rent in Florida? A year lease

2 Answers | Asked in Real Estate Law for Florida on
Answered on Feb 21, 2018

Probably so. If in fact you have not paid the rent, a written notice, such as a text, is a prerequisite to a lawsuit to evict you.
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Q: I live out of state and want to buy my deceased grandma's house from my dad and aunt. This home will be used as a 2nd

1 Answer | Asked in Family Law and Real Estate Law for Michigan on
Answered on Feb 21, 2018

If your husband's name is not on the asset, why would his credit affect anything. Just be sure YOU buy the home in YOUR NAME ALONE and it should be fine.

There ARE situations that would impact this however -- Michigan is not a 'community property' state, but there are wrinkles that could cause issues. I'd STRONGLY urge you to consult with a local attorney in Michigan to be sure what you're doing won't fall into any obscure 'wrinkles' that might cause problems.

There WILL be...
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Q: if a attorney advises there client to hire a fiduciary and the cient suspects a conflict how to prove it

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Tax Law for California on
Answered on Feb 21, 2018

To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.

It is the same as using the adage for using a computer... “JUNK IN, JUNK OUT”.

You need to contact a local lawyer for wherever you live.

Sometimes an "appearance" of a conflict is not really a conflict and other times an appearance alone is enough to...
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Q: I bought a new construction home in June. I've had nothing but problems. Is there a lemon law for homes?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Feb 21, 2018

There is not a 'lemon law' per se, however, there IS the possibility of proceeding against a builder's license IF ALL ELSE FAILS. (Note that caveat!)

You HAVE to give the builder the opportunity to repair issues, and provide appropriate notice before you can do anything else, but at THIS point what I'd recommend is you contact a DIFFERENT home builder / contractor who is familiar with the type of issues you are having, and get a 'second opinion' as to what is going on. Is the house...
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Q: Can the Gov take a home from me if I owe Fed student loans that are under an income based repayment plan?

1 Answer | Asked in Real Estate Law and Collections for Florida on
Answered on Feb 21, 2018

No way to say without reviewing the student loan agreement in detail which is not possible here online.

Check with a legal aid office in your area to see if they will review the agreement for you.
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Q: I am about to move into a "studio" apt as a "house guest". What does this mean and is it legitamite?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Feb 21, 2018

No way to say for sure without first seeing the document but it sounds like it is not a formal lease. ie: you will not be secure as you would be as a tenant with a formal lease agreement.

Take the agreement to an attorney I. Your area for an evaluation of the lease.
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Q: My mother died without a will, I want the house it's 5 of us and one won't sign. Do she has to sign? She is a crack head

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 21, 2018

No one is obliged to sell or gift their inheritance or any other property. But if you file an Application for Determination of Heirship and Letters of Administration, after the court rules, you can file an Application for Partition and try to buy out the interest of the other heirs.
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Q: How do i make a family member move out?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Feb 20, 2018

It is not clear from your posting whether there is also a legal landlord-tenant relationship between you and Mom. If there is, you have to legally terminate her tenancy according to proper grounds and with legally minimum notice. If she still does not leave, then you have to file an eviction action in court to get her out. If there is NOT a legal landlord-tenant relationship between you (essentially Mom is a guest that has overstayed her welcome), then you have to file an ejectment action...
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Q: I am selling my home and I belong to an HOA. .... HELP !

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 20, 2018

Short answer is likely yes. However, there is just no way to say for sure here online. I suggest that you consult with an HOA attorney in your area to have your HOA governing documents reviewed. If the HOA has the right to charge this fee it must be authorized in the HOA governing documents.

Good luck and hope this helps.
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Q: Is my stepmother in law an heir to my father in laws estate if they never had children together?

1 Answer | Asked in Real Estate Law and Estate Planning for California on
Answered on Feb 20, 2018

Yes, the surviving spouse is an heir to the estate of the deceased spouse, even though they did not have children together.
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Q: Hi, My husband and I are currently preparing to build a home on his family's farm. We need a contract made.

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Maryland on
Answered on Feb 20, 2018

Assuming you are using a properly licensed and insured general contractor, start with the contract your chosen contractor provides. There are many, many of them, so don't believe any nonsense about form. Then, hire a lawyer to review the agreement before you sign anything or commit to that contractor. If you do this yourself for the first time, you are extremely likely to make some very serious and expensive mistakes. A few hundred dollars on a lawyer review is nothing on the scale involved....
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Q: Lease allows early term with # days notice + fee, is the renter expected to pay remaining days of month after # day end

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Feb 20, 2018

All right! Let's start with the lease seems clear but maybe it isn't. Let's discuss. The lease says clearly either party can terminate by giving the other 60 days advance (whatever kind of notice could there be) notice. AND pays LANDLORD all sums due.

You would think based upon the clear words you could give notice say on December 15 and then leave on February 13 (I think that is 60 days) and you would owe no more rent.

But what the Landlord is probably thinking is that...
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Q: Can a quit claim deed be vacated as a part of "elective share" if the property was conveyed to the wife and two sons?

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Answered on Feb 20, 2018

Not sure what you are asking, but a Deed takes effect when executed. If there is a Probated Will, it can only affect what is in the Estate, not land that was already conveyed out of the Testator. And because of the latter, a spouse can always take an Elective Share from a Testate Estate, but if the land is not in the Estate the spouse gets nothing out of the land previously conveyed out. It appears that the Wife has a Life Estate, but she cannot sell the land per se, only for the period she...
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