Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Real Estate Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

2 Answers | Asked in Real Estate Law for California on
Q: I am a licensed Cal realtor not a broker .My client has a offer through me . me being a dual agent.The property is zoned

zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

In California, the law does not specify a fixed maximum prepayment penalty for commercial or mixed-use properties. However, lenders typically include a prepayment penalty clause in the loan agreement, which must comply with California law. These penalties are often negotiated between the lender and... View More

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: I am a licensed Cal realtor not a broker .My client has a offer through me . me being a dual agent.The property is zoned

zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

Zoning follows the local rules, and it can vary from city to city. You need to consult with a real estate attorney to give you an estimate about the penalty and if there is any way to get the permit for these types of property use.

View More Answers

2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.

If the notary is also a real...
View More

View More Answers

2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.

A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a...
View More

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: Wondering if we have a case... My mortgage lender is stealing from us

My mortgage lender increased my loan because of the property tax. Now they did not acknowledge that I have a property tax exemption. I bought my home going on two years, and have been building up escrow. Not only did they take everything from escrow, but they also raised the amount of my loan. This... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

It sounds like you’re dealing with a frustrating situation. When your mortgage lender doesn’t acknowledge your property tax exemption and mismanages your escrow account, it can lead to significant financial strain. First, gather all documentation related to your property tax exemption and the... View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I would like to add a name to a deed. How can this be done with a POA

Property belongs to an elder person and they would like to add a name.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.

View More Answers

3 Answers | Asked in Real Estate Law for California on
Q: I am a co owner and would like to sell my half asap. How do I do that?

My co owner will soon have a lien on his half. We are not married.

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

If other co-owners consent to the sale, you can sell it. Absent of the consent, You can bring a partition action to force the sale of the property.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law on
Q: Can a contract be drawn up requiring me and my partner to return the gifted deposit, if the house is sold or foreclosed?

My family are giving 60k to my partner for a house deposit. However, as first time buyers I cant go on the mortgage due to being a student. In the contracts it states it is a gift. However, we were wondering if it would be possible to have a contracted drafted stating if we become in financial... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2024

Your Parents will want a Deed of Trust securing their loan by Note signed by the borrowers. However it may have to be a second priority mortgage which include a default provision for non payment of the first priority Deed of Trust. Hire a competent attorney, not a title co., to draft these... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a house 100% which sits on a property that is co-owned and I want to sell.

Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2024

Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can owner of surrounding land refuse access to purchased land because an easement was not granted at time of purchase?

When I purchased my property over 20 years ago I was not given a legal easement. The owner of the property surrounding my property has now decided they no longer want to allow access to my property and chases anyone who enters the property away Is there any legal recourse I can seek to force the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

It appears that you would have what is called an easement by implication or by necessity. So no, the person who sold you your land doesn't have the right to refuse access and you could probably bring a successful lawsuit to establish your right to access your property.

1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a condo & in 2 months, I was notified of a maintenance increase & roof assessment. Is this right ?

With further clarification of my question, my major concern is of the assessment. The maintenance increase, should have still been at least disclosed, in an act of integrity as the Seller is the president of the board. The condo rider stated no pending assessments, which I believe was untrue, as... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

Purchasing a condo means you accept those kind of monthly fees, or lose it. It does not sound like you could prove those fees were pending at sale. But in any event a fraud suit will not work as you have no damages and you probably want to continue living there.

1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

View More Answers

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Can I sell my wife’s home? She passed without a will and the house was solely in her name. Me and her 2 daughters heirs
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently applied for home equity loan and found 2 judgements on the title from my wife now ex wife.

They renewed the 1 judgement and is there anyway I can get this dismissed as we are not married for the last 6 years ..I also had a bankruptcy 8 years ago and kept the house and has always been in my name..

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2024

If your wife never owned your property then her judgment lien never attached to your title. Hire an attorney to carefully search the title. If lien is only against her, and never attached to property, than borrow money elsewhere if necessary if present lender mistakenly believes your title is... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.