Real Estate Law Questions & Answers

Q: What does this mean?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Illinois on
Answered on Apr 30, 2017

This is referred to as a setback line restriction. It involves zoning restrictions that are intended to maintain uniformity in neighborhoods.
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Q: Realtor did not disclose the construction next door of over 200 homes shortly after we moved in, do we have recourse?

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Answered on Apr 29, 2017

You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby building is not per se always required to be disclosed. Be aware the disclosure is not tied to the buyer's subjective like or dislikes. However, a clear reduction in home value (provable, not just a...
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Q: My Mother purchased a home in 2011. I am on title but not on the loan. She passed away in 2015. I am her sole heir,

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 29, 2017

If the two of you held title as tenants in common, then you will need a probate action to transfer her half of ownership to you.

If the two of you held title as joint tenants, then you will need to file an affidavit of death of joint tenant.

There isn't a way to remove her from the loan and add your name to the loan.
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Q: Is it legal to build on undeeded access to deeded property in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Apr 29, 2017

Short answer would likely be yes. If you build a structure on property that you do not own will likely lead to problems.

I suggest that you speak with a real estate attorney to get specific advise of how to deal with this situation. There might be a solution but in order to come up with options, I would need to review the property records ects to come up with the same.
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Q: What constitutes a conflict of interest in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Apr 29, 2017

Your best option to speak with a real estate attorney, show them the paperwork that you have and let he or she give you specific advise based upon your signed documents. There is not a way for me to give you this type of advice based upon the limited amount of information listed in your question. Plus, this type of case turns upon the written documents.
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Q: i flip houses in Michigan can i sell them without using a realtor?If i can is them alimit to how many i can sell in a yr

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Apr 29, 2017

There is nothing improper about selling a house you own without a Real Estate Agent.

Many times real estate people try to say 'you don't need an attorney' (which is obviously wrong for most people) -- the point I'm making here is NOT that real estate people are not needed. If you need help marketing and don't want to hassle with showing the property and managing the marketing, they can be invaluable. If you can 'do that yourself' then not so much.

Bottom line: If you do this...
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Q: Home owned in Colorado Springs. Husband assigned to Fort Bragg. Home is leased, current lease expires 4/30/2017.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Apr 29, 2017

You can ask for the early termination provision, but the landlord has to agree to the term. The landlord is not required to agree to the early termination term, but may agree.
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Q: A resident owning 10% of condo has proposed redevelopment. Residents don't want it, but he won't back off.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Apr 29, 2017

You would need to review the Condo Docs and Bylaws to see what the legal requirements are to terminate the condominium association. The fact that he is an owner and on the BOD is self-dealing and there may be a provision prohibiting his action. You may also need to get an injunction until things get sorted out.
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Q: I'm living in an apartment since 2 years ago but the Lease is on name of my friend that left the country 18 months ago.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 29, 2017

While you can negotiate with the landlord for some extra time or small payment, the bottom line is that you are going to be evicted. You can stretch it out by going to court and paying legal fees, and the landlord will incur legal fees, but you have no right to the lease. Also, you have already confessed too many things to the landlord which has undermined any legal chances you had.
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Q: My name is on the deed, not the laon, we are divorced and home is now going into forclosure/auction sale. Am I liable?

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Answered on Apr 28, 2017

Of course you are liable for it. The divorce Judgment is NOT binding on the lender. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney. You need to retain the best...
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Q: In Michigan after a judgement has been Made can I appeal? how long does the plaintiff have to wait to put a lien on my p

1 Answer | Asked in Real Estate Law and Collections for Michigan on
Answered on Apr 28, 2017

You CAN appeal, but there must be a basis for that appeal. In other words, you can't just appeal 'because you think it is the wrong decision' you have to have a legal reason WHY the judge / jury came to the wrong conclusion. If you don't understand what that means, you REALLY need to hire a local litigation attorney ASAP to discuss this with you.

"Enforcement" cannot begin until the appeal period has run, be that 21 days or some other shorter period. The process is complex and time...
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Q: hello my name is myra and my dad pasted away. Leaving a will naming all children and a house

1 Answer | Asked in Real Estate Law and Probate for Florida on
Answered on Apr 28, 2017

Unfortunately, the court's role is simply to pass title of the property into the names of all of the heirs. No single heir has the power to set the conditions that you're proposing.
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Q: Who do I call to get property in my deceased grandfather's name put into my grandmother's name, his wife?

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Answered on Apr 28, 2017

You'll likely need to contact a Florida probate attorney assuming the property is in Florida.

The court will only directly distribute the property in your name if there is a Will that directs that distribution. Otherwise, your grandmother will need to consent to distributing the property to you. There are many other things to consider as well, so you'd be wise to consult an attorney to discuss your options.
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Q: How do I event my adult brother from my deceased parent's home so the home can be sold

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Utah on
Answered on Apr 28, 2017

I think your question is, "how to I evict my brother..." if that is the case, I presume that he is already living there.

The next question is, how is the home owned? Was it in the name of the trust? Are you the successor trustee? If so then commence a normal eviction suit which starts with a 3 day notice vacate followed up by an unlawful detainer action if he doesn't.

If he is living there and the home is still in your deceased's parent(s) names then you first have to run the...
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Q: Does a forged signature on an amendment to contract make the entire contract void?

2 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Apr 28, 2017

Perhaps. It depends on the main contract terms.
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Q: In NYC, we have a lease until 1 August. We informed the landlady on 1 March that we will not renew and wished...

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 28, 2017

It sounds to me like there was probably a miscommunication and whatever you heard over the phone is not really relevant because all transactions relating to real property including leases and terminations must be in writing to be enforceable so notwithstanding what your landlord may have said it sounds to me like the lease would still prevail if taken to court and the can enforce it until August. That said, you may be able to claim promissory estoppel to prevent the landlord from collecting,...
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Q: When selling a house,if there are 2 owners,one which lives out of state, do both of them have to be at the closing?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Apr 28, 2017

The short answer is no. However, both owners will need to sign closing documents. The out of state party can sign or close by mail.
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Q: What legal right do I have to reclaim lawn usage by my neighbor that is on my property?

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 28, 2017

If your neighbor is trespassing on your property (and of course has no license/ easement to do so), you can notify them in writing to cease and desist. If they fail to do so, you can sue. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law...
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Q: My mother owns her home with no mortgage but is unable to continue living by herself. Our plan is to build an Inlaw.

1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Answered on Apr 28, 2017

I suggest that the best solution would be to speak with an Estate Planning or Elder law attorney in your area. There is more issues than just the building of the InLaw suite at your home. An Elder Law / Estate planning attorney can guide you through these issues and the ones not mentioned in your question.
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Q: County Planning Administrator is requiring us to meet PROPOSED floodplain codes for a garage.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Apr 28, 2017

Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer review the situation and give an opinion. Many attorneys offer free consultations, but if you want a detailed review you may need to pay a couple hundred dollars. Depending on the challenge, the...
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