Lawyers, Answer Questions  & Get Points Log In
Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: My partner and I are both named on the deed to our home. I am soley on the mortgage and responsible for payments.

He wants to take his name off of the deed so I can be 100% titled to house.(He is moving) Can this be accomplished with a quit claim deed? What would be the correct steps to take? Thank you in advance.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2023

Yes, that would work. Record the executed deed with the county clerk's office.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What if I am leasing a property and I have 20 more years on it and they are forcing a termination and my owner is forced

Is forced to sell. Does my lease still hold up?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 27, 2023

Without knowing a significant amount of additional information and document review it is impossible to provide a meaningful answer. This is also something that would be well beyond the scope of a free consultation, so you should expect to pay for about an hour of attorney time. With modern... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: If my sister and I inherited a house from our parents, and my sister dies, so I now own all of the house?

The house is in both of our names.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.

If the property is owned in Joint Tenancy with Rights of...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... Read more »

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for California on
Q: Parents left land to the three siblings . Brother was executor. He suddenly past away without transferring into my name

I was told taxes were paid out of family trust, I have resided on this property for 15 years . My brother and sister were suppose to be signing me as sole ownerbut My brother unexpectedly passed away and he never switched into my name. He told me the property taxes were all paid but I found out... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

If your brother died prior to closing the estate, whomever is named as the alternate executor in the Will needs to apply to be named as executor to handle whatever tasks remain to be completed.

If the family trust is obligated by the trust instrument to pay the taxes, you should approach...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it customary for a Buyer to sign a Warranty Deed to the Seller for a property purchase?

I'm in the process of buying a land plot. And the Seller is requesting that I sign a Warranty Deed to him in the event of a default. But the Warranty Deed doesn't include any language about it only being valid in the event of a default. Should the Real Estate Agreement, which specifies... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

No, don't sign the warranty deed. And the agreement probably is not adequate either. A mortgage note secured by a mortgage is the proper way of doing this. You need to consult with an attorney.

1 Answer | Asked in Real Estate Law for New York on
Q: Who gets the house if partners break up and both are on title?

I haven't had income for a few years, would I be allowed on the title? Am I responsible for payments as a co signer then? We've been together 12 years but been renting. Is common law still a thing in NY? I'm female and he's male. I just need some advice before I sign papers. Thanks

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2023

Possibly neither.

Don't sign anything without speaking with counsel first and perhaps a quick review of documents at no charge.

Have a free telephone consultation with counsel.

Please call me, any day or night, up until 11:00 pm.

Jack Mevorach, Esq....
Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

View More Answers

3 Answers | Asked in Real Estate Law for Florida on
Q: If the grantee s post office address is wrong on quite Claim Deed, Does it make the instrument defective or invalid

The Quit Claim Deed has been recorded

Jane Kim
Jane Kim PRO label
answered on Jan 26, 2023

Grantee's mailing address is wrong rather than the address of the property conveyed? There's no issue if it was some sort of scriveners error in the address. You can file a corrective deed.

View More Answers

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a naked owner of a property be homeless

Usufruct has there own home and is not living at the jome in question

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »

Jane Kim
Jane Kim PRO label
answered on Jan 25, 2023

When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the...
Read more »

View More Answers

1 Answer | Asked in Family Law, Real Estate Law and Small Claims on
Q: My step dad is trying to sell the house can't without me when to court now I have law claim, at what court

My mother died, I get heritage but because I live in Germany and he lied to me the house is nothing worth, he when to a court a did a filling where I have to go there or a lawyer to lay claim to my heritage, what court would I have to go to what is that process called what he did where some has to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

You might want to hire an attorney in the County where your Mother died to conduct a title search and examine the Court filings. He can then advise what you may want to do, or that you are already an heir at law.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Father died in July of 2021 and his Mother my grand mother died in Dec of that year as well she had a final will

Which my father is listed on would his kin still have any rights to the property left behind

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

It depends on the language of your grandmother’s will. If she left a bequest to him “per stirpes”, his share would pass to his children since he died before your grandmother.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... Read more »

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »

1 Answer | Asked in Real Estate Law for South Dakota on
Q: In Southdakota wthere are multiple owners listed on real-estate and one dies,Does the property have to go through probat
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

You will need to hire a competent SD attorney to search the title and determine ownership first. Then decide if Probate is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs....
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: my father and I were both listed and signed mortgage loan agreement as manager members LLC. How did he removed me ?

both of our names were on loan agreement as managing members and both signed , some how my name has vanished and I've lost my 100k investment

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 25, 2023

Vanished from where? A lawyer would need to review the deed and your LLC documents to give you advice on this matter. There are not enough facts to even provide general advice.

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.