Get free answers to your Real Estate Law legal questions from lawyers in your area.
Your current state is Virginia
I am concerned about what happens if he dies or sells the home before the 7 years of payments are made.
The estate is in Georgia. I live in Florida and the brother and a sister live in Georgia.
answered on Sep 18, 2024
In order to adequately protect yourself, you will need to secure the repayment against the property through a promissory note and security deed. It is the only legal way to ensure you are paid as scheduled. This will not only give you the ability to foreclose on the property if not paid as... View More 
I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More
answered on Sep 18, 2024
If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More
I am the personal representative named in the will. The will was admitted to probate and a summary administration order was entered in 2023. There was never anything in the "estate" - except the house, which is a homestead property. The reason probate was required was to have the court... View More
answered on Sep 17, 2024
As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:
Document all... View More
OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57
answered on Sep 16, 2024
You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More
An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More
answered on Sep 15, 2024
While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.
Adverse possession... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More
No one else would help. I’ve paid the taxes for 8 to 10 years.
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answered on Sep 13, 2024
You can ask for reimbursement. If no money you can file suit for a Sale For Partition. There you can ask the judge to reimburse your share, but it is not for sure. The other option is to hire an AL attorney to search the title and draft a deed for all the other tenants in common to deed their... View More
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answered on Sep 13, 2024
That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.
The general idea is that you can buy property with the 401k money, then identify the investment... View More
answered on Sep 12, 2024
A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.
This has nothing to do with life leases which is a way to transfer a... View More
i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More
answered on Sep 12, 2024
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More
And a mother in law apt in back. Aka a converted garage. After we purchased the property we found out they had separated the property into two parcels and only sold us the front house. Now both parcels are non-compliant. What can we do?
answered on Sep 11, 2024
You realized that you were only buying the front house but didn't know that that house was in violation? Review your paperwork to see if the seller warranted the property to not be in violation of code. You also may have a viable claim against your realtor.
Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this
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answered on Sep 11, 2024
Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More
answered on Sep 10, 2024
You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More
House is in washington state
answered on Sep 9, 2024
Good afternoon,
Is it a mobile home? Is there land being sold? What does "Prep." stand for?
You need to start a probate and be appointed by the court to get the authority to sign your name instead of your deceased father's name on a contract to sell his land. If it... View More
answered on Sep 7, 2024
I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More
Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More
answered on Sep 6, 2024
You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More
can we invoke "ex post facto" doctrine in this case
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answered on Sep 6, 2024
My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More
He recently passed away he never put the property in his name he had no will would I be able to sell the property again
answered on Sep 6, 2024
If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More
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