Real Estate Law Questions & Answers

Q: Am I entitled to half of the equity in the house?

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Answered on May 3, 2016

In Georgia the property is split based on Equitable Division (not equal division) so the things the court will consider is who paid for the house, who pays for the house, who maintains the house in other ways (cleaning, working with contractors, etc.), was the house or any part of the house a gift from the other person's relatives, etc. How long have you been married? The longer that you have been married, it seems that the more the court starts to lean that the house is 50/50. I can't say...
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Q: Prescriptive easement: how do you prove 20 years of use if the "user" property has changed hands multiple times?

1 Answer | Asked in Real Estate Law for Georgia on
Answered on May 3, 2016

Talk to an attorney who specializes in Real Property Law. This is not an easy questions and it's not an easy fight. If you don't know of anyone, then consult with the Atlanta Bar Referral Service and find an attorney who is familiar with that lake and easements: http://www.atlantabar.org/?lrishome
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Q: We put a bid on a home for the asking price. We lost the contract because someone after us offered cash. How can this

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 2, 2016

It happens every day of the week all over the country. It is legal and prudent business. Why would anyone turn down an all cash deal, and wait to see whether or not someone qualifies for a mortgage or not? I certainly would not. I can understand your frustration and disappointment. But this is a buyer's market. I would not lose a second of sleep over it. You will do as well or better. Good luck.
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Q: Are there any Georgia law that doesn't allow multiple people to buy real estate

1 Answer | Asked in Real Estate Law for Georgia on
Answered on May 2, 2016

It depends on your situation. There are many variables here such as if there are many people buying one property or each of you buying one property close together, etc. To be sure, before you enter into contracts to buy real estate, you should contact an attorney in your area that specializes in real estate and get advice on exactly what you are trying to accomplish so that there aren't any legal issues with what you are doing that you can't see from the surface. This is the link to the...
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Q: what are the penalties for failure to disclose the mandated state disclosures e.g. "known hazards"?

1 Answer | Asked in Broker Fraud and Real Estate Law for California on
Answered on May 2, 2016

The buyer would have to prove up monetary damages of either the costs to repair or the diminution in value of the property. However, if the buyer had knowledge of the material facts, or should have known, then the buyer won't be entitled to recovery.
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Q: In 2011 my fiancé and I were going to purchase a house through owner finance through a trustee, the sale never went thru

1 Answer | Asked in Real Estate Law for Georgia on
Answered on May 1, 2016

There has not been enough time to pass for you to obtain the property by default and that deed may never be valid at any rate. I would go to the property clerk where the property is located and explain your situation and see if they can recommend an attorney close to the court house that does real estate law that can draft a deed that takes your name off of this property. I would be concerned that later you will liable for taxes, just one thing, and if someone is ever injured on the property,...
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Q: Father died no will he was married but he did not put her name on house he said he was going to put his grandsons name

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on May 1, 2016

Bring your documents to an attorney to review. Most attorneys provide a free initial consultation.
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Q: I co-signed for my father's house. Now that I want to purchase my own home. How can I get myself off the mortgage.

1 Answer | Asked in Real Estate Law for Georgia on
Answered on May 1, 2016

Talk to the mortgage company to see if your father qualifies to have the mortgage in his name only. If not, then you will stay on the note.
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Q: Selling comml property in CA using only a real estate attorney?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Apr 30, 2016

You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
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Q: My wife died recently. Can I sell the apartment we owned together in PR or do I first have to take her name off the deed

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You have to repost this in the PR section. NJ law does not apply to PR.
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Q: In virginia do you have to use the title company's attorney to close on real state?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You need to ask an attorney in Virginia.
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Q: Who technically is the owner of a piece of property, the title holder or the mortgage payee?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 29, 2016

The answer is either; Both or the title holder. It actually depends on the facts of the situation. Mortgage payee may be entitled to some amount of money. Seek out local attorney.
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Q: In virginia is the buyer obligated to use the title company's attorney?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 29, 2016

Why would you ask a Virginia law question in NJ? Don't know the answer. They are NOT in NJ
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Q: I am a realtor and have my sellers home in escrow with the tenant as the buyer. The seller received a letter in the mail

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 28, 2016

The seller must disclose this issue, but the buyer seems already aware of it, and the seller has the option to not do the work and credit the buyer with the costs or do the work or tell the buyer to take it or leave it.
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Q: How do we cheaply transfer title on a home purchased in someone else's name,I paid the mortgage co. for it entirely

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 28, 2016

It's not cheap to transfer title to a home and you're not going to be able to transfer title to a property without incurring a tax liability. Bring your purchase documents to a title company or escrow company to complete the transaction.
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Q: Do California Powers of Attorney have to be notarized if real estate is involved (purchasing and/or selling property)?

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 28, 2016

Yes, a power of attorney must be notorized (acknowledged before a notary public).
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Q: Neighbor refuses to remove bees from wall of house. What can I do. My dog has been stung. I have kids

1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Answered on Apr 28, 2016

One legal remedy may be to file a nuisance action. Most attorneys will charge a retainer to handle this matter. A judge may grant the relief requested and require the neighbor to clean up the building and get rid of the bee hive. It could end up being expensive. It is unfortunate that the neighbor and government officials have not acted in a manner to protect your children, animals, and others.
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Q: IF TAXES ARE DELINQUENT IF THEY GET PAID CAN ONE OWNER GIVE FULL OWNERSHIP OF HOUSE TO THE OTHER

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Answered on Apr 28, 2016

Yes, one of two co-owners can (but is not necessarily required to) convey that person's interest to the other.
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Q: If I signed a blank mortgage contract, then when I researched I found that the name of the bank officer was manually

1 Answer | Asked in Real Estate Law and Contracts for Florida on
Answered on Apr 28, 2016

Probably not. You signed the contract and the bank signed the contract. The bank signed it by a different officer than you expected. This doesn't change any essential element of the contract.
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Q: Previous owner had a lease to rent washer & dryer. Comp says lease stays with property. Can I get rid of machines/lease?

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 27, 2016

You are not obligated on the lease unless you assumed the lease. Notify the previous owner to come get their washer and dryer.
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