Get free answers to your Real Estate Law legal questions from lawyers in your area.
Your current state is Ohio
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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](http://justatic.com/profile-images/1674694-1714241844-sl.jpeg)
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.
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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](http://justatic.com/profile-images/1674694-1714241844-sl.jpeg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
Property belongs to an elder person and they would like to add a name.
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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.
My co owner will soon have a lien on his half. We are not married.
![Delaram Keshvarian Delaram Keshvarian](http://justatic.com/profile-images/1674694-1714241844-sl.jpeg)
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.
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 Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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
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 Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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.
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](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
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.
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 Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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.
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
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.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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.
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 Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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
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