Real Estate Law Questions & Answers

Q: Friend passed away. Mother inherited house. House is under mortgage. Lender has offered to refinance to avoid probate?!

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Answered on Aug 27, 2016

You are correct. While the mother could certainly re-finance, her new loan would not be properly secured by her interest in the home, absent probate.
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Q: In Pennsylvania, can you convey real estate to someone without their consent?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Aug 27, 2016

Yes and no. You can deed it over to them. But they would have to record it in their own name. In the meantime, in the minds of the taxing authorities it is your baby. Sounds like you need to talk to someone local about some other issues behind this.
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Q: My fathers put his liens on my property. I'm trying to get back the money from his liens, What kind of lawyer do I need

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Florida on
Answered on Aug 27, 2016

I'm not sure that I understand, completely, what you are saying. A lien is a notice that the lienor thinks he is owed money from the owner of the property, giving him priority if the property is sold. If it wasn't sold, there normally wouldn't have been money received.

It looks like you need an attorney who works in the area of real estate, and also possibly the areas of trusts and estates. I may be able to help you if you will send me further information at the email address shown...
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Q: My ex wife is selling the marital home. The buyer is her husband now. Is that legal in the state of Utah.

1 Answer | Asked in Family Law and Real Estate Law for Utah on
Answered on Aug 26, 2016

If she is violating the terms of the divorce decree or mishandling an asset that is held in a trust, that might be problematic. Otherwise, I am doubting that there is a problem.
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Q: I received a sinkhole settlement for $50,000.00 but lost half to legal fees. Are these fees deductible?

1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Answered on Aug 26, 2016

Well first you weren't forced to do anything. You got a professional opinion and decided to heed the warning that this was all you were going to get. If that is true or not who knows. Deductible in terms of taxes? that is an accountant question not lawyer.
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Q: Processing says underwriter will not accept cash gift which was stated as tax payments,cash was deposited in gifters

1 Answer | Asked in Estate Planning, Banking and Real Estate Law for Florida on
Answered on Aug 26, 2016

You will need to retain a lawyer. No one has to accept a cash transfer as proof of anything. If there were back taxes owed it is the seller's duty to prove paying them off before closing; or a credit to buyer who will pay them.
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Q: Im in contract, they can't get second owner to sign to close. What can I do? Real estate insists this will close

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 26, 2016

You may need to get an extension of the closing. And hire an attorney ASAP. You should not be closing without one to begin with. There may be an issue that if this was owned by the married couple and their homestead property, the the father's deed to the daughter is void if both spouses did not sign. A property held by a married couple as 'tenancy by the entirety" cannot be transferred to anyone, either person's share, without both spouses' signatures. So the deed may in fact be void to...
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Q: I just got a summons of foreclosure on my house. Can I send another person besides myself to respond?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 25, 2016

Only an attorney is qualified to represent an individual or corporate entity in court, so if the person who you send is a licensed attorney then yes.
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Q: There was an incident involving gun shot and a dead victim just outside the house that we are renting. Can I vacate?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Aug 25, 2016

Looks like a diy lease. Person should try to negotiate lease but if landlord digs in get a consultation from an attorney who handles tenant issues.
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Q: Can a tenant break their lease without penalty if they are moving to a senior living community?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Answered on Aug 25, 2016

Don't see why they should be able to. However the landlord has to mitigate their damages--they can't just not advertise the place. Suggest tenant try to negotiate a withdrawal and maybe find someone else to take over the lease.
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Q: I left my rental house on February 1st after receiving a sheriff notice of foreclosure on January 4th.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Aug 25, 2016

Your landlord has no legal obligation to discuss the foreclosure with you. It is also not a ground to break a lease.
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Q: a car had parked on my property for 2 years what can I do?! Damages to my property and the own is TD Bank what can I do?

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Answered on Aug 24, 2016

I am assuming you do not have a license as a vehicle storage facility nor a business license so no they do not owe you storage fees, especially if this is your vehicle they are repossessing.
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Q: What does status: 606 - abandoned - No Statement Of Use Filed mean?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 24, 2016

This is not a real estate question. Statement of Use is a trademark.

"Abandoned means that the application is no longer pending and, thus, cannot mature into registration. In response to the notice of allowance (NOA), a statement of use (SOU) or request for extension of time to file a statement of use (extension request) must be received in the USPTO within six (6) months from the issue date of the NOA. If the Office does not receive a proper SOU or extension request within this...
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Q: What does status: 606 - abandoned - No Statement Of Use Filed mean?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 24, 2016

This is not a real estate question. Statement of Use is a trademark.

"Abandoned means that the application is no longer pending and, thus, cannot mature into registration. In response to the notice of allowance (NOA), a statement of use (SOU) or request for extension of time to file a statement of use (extension request) must be received in the USPTO within six (6) months from the issue date of the NOA. If the Office does not receive a proper SOU or extension request within this...
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Q: I have an agent who put negotiable as his end date for a buyers agreement. I am trying to be released from him.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Aug 24, 2016

I would argue that as he drafted it you can discharge him.You may need to consult an attorney but if hew won't back out it suggests that you were right to switch.As to the guaranteed commission, depending on your new agent if it's acceptable to them, and it doesn't mean you pay for old agent on top of new agent, may not be bad. But it seems like talking to an attorney would be good especially as you may want them to review ultimate sale agreement.
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Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

1 Answer | Asked in Real Estate Law, Tax Law, Probate and White Collar Crime for California on
Answered on Aug 24, 2016

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary cannot be required to use their own funds pay a debt owed by a decedent, unless they were a joint debtor or account holder.

First off, you should know that debts do not die with the debtor,...
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Q: I am desperately looking for a professional attorney specialized in Florida Condominium Law. Thanks!

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Answered on Aug 24, 2016

Look online for reviews and on sites like Avvo.
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Q: My house was foreclosed by homeowners association, sold by the County, later bank files law suit..

1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Answered on Aug 24, 2016

Yes you should be worried. If say you owe $300k and the house is only worth $250k now you will owe the bank $50k. Consult with a lawyer ASAP.
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Q: Rent to own nightmare..... Please read

1 Answer | Asked in Real Estate Law for Florida on
Answered on Aug 24, 2016

Without a written contract, no. Any verbal agreement for the sale of land is void per the FL statute of frauds and you dont meet the exceptions if no money went to the purchase price. I would go find another house to buy frankly if they seem shady.
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Q: Am I allowed to have roommates help cover the mortgage if the HOA says I can't rent out individual rooms?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Aug 24, 2016

I think you know the answer already. No. It clearly says you cannot rent out part of the unit; only the whole unit may be rented at once.
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