Real Estate Law Questions & Answers

Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Texas on
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.

Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...

Q: I hold a real estate license and its escrowed with a broker here in michigan . Can I sell my own home FSBO?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Dec 18, 2018
David Soble's answer
Yes, you can sell your home on your own. However, Michigan licensing law requires that you DISCLOSE to your buyer that you are a licensed real estate agent. Good luck!

Q: I want check if my property has been filed under a foreclosure in New York. Does Justia contain all filings?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Dec 18, 2018
Michael David Siegel's answer
No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Appeals / Appellate Law for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: I pay house down payment and husband will pay mortgage how to protect my investment until his contribution catches up?

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Answered on Dec 17, 2018
James G. Ahlberg's answer
You need to contact an attorney and get a prenuptial agreement prepared setting forth whatever your agreement is. In conjunction with the prenuptial agreement, consider buying the house BEFORE you get married, putting it only in your name, and keeping it only in your name. This should be discussed and coordinated with the attorney who draws up the prenuptial agreement.

Q: Can I grant a purchase option for real estate I own if I have clouded title?

1 Answer | Asked in Real Estate Law for California on
Answered on Dec 17, 2018
Thomas A. Grossman's answer
You can do that, but you should reveal to the grantee what the cloud on title is. If you don't, and it is a major problem, you could be sued for fraud.

Q: My lease ends in Sept, states my rent is $800/mo. Landlord told me today he is increasing my rent $100/mo. Legal?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 17, 2018
James G. Ahlberg's answer
Probably not, if the lease doesn't say anything about increases during the term of the lease.

Q: We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Dec 17, 2018
Thomas. R. Morris' answer
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).

Q: The sellers agent asked my agent our ethnicity and then stated that we “Latinos” don’t ever do anything right.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Dec 16, 2018
Richard Sternberg's answer
Sounds like a fairly clear housing discrimination case. The good news is that a prompt strategy of asserting a lis pendens and filing the proper complaint may get you your new home, and there may ultimately be an award of legal fees. The bad news is that few of the lawyers qualified to pursue such claims are willing to take them based on a future attorneys fees award. The best strategy is a quick demand letter before there is another contract on the property, but that will require quick action...

Q: how long is a real estate sales contract valid? I have a residential contract of sale dated 8/25/15 and we are to go

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
Are you the buyer or seller? Do you want the sake to go through or not? What has been the communication since 2015(!!!)? Three years? Seriously? The contract generally has a deadline date for closing, or a right to terminate after a certain time frame. However, if a contract has no date when performance of the contract is to take place, then courts will apply a “reasonable time” standard. That’s a factual question, based on the contract and ordinary commercial dealing. Hard to say, but 3...

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

Q: I need to know how to find the standings of a litagation and possibly estate probate case .

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.

Q: Do I need legal counsel when purchasing real estate (new lot on smith lake) Seller is Alabama Land Sales of Jasper.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Dec 16, 2018
Vincent Gallo's answer
If you do not have your own legal counsel, how do you know what you’re getting yourself into?

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

Q: Need help to decide notice to Quit deadline

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.

Q: am i still given homestead exemption and other first time buyer benefits if i have a co-signer in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
Probably, assuming that the "co-signer" isn't actually a co-owner.

Q: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Dec 14, 2018
Donald C Eby's answer
Are you ready to bring suit against the HOA to demand it enforces the covenants?

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 14, 2018
Manuel Alzamora Juarez's answer
Assuming you have already sent her a letter telling her to turn the water and she has refused. Call the City inspectors and tell them to cite her for depriving you of water and sewage. Once the city inspects your house and cites her, talk to a Tenant lawyer to advise your further. Best of luck:

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