Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: In North Carolina can someone create a joint tenancy wherein the grantor names himself and another or others as tenants?

1 Answer | Asked in Real Estate Law for North Carolina on Aug 28, 2015

Answered on Aug 28, 2015

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Robert Jason De Groot's answer
You ask a specific question, whether there is a statute that allows this. There probably is not because this is just basic law. Each state has its own statutes and its own case law. Generally, this can be done. But what you need to do is have a local attorney do it for you.

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Q: Hi, My mothers name is on the deed along with mine, she recently passed away, how do I get her off the deed? Thank you!

1 Answer | Asked in Real Estate Law for Texas on Aug 27, 2015

Answered on Aug 28, 2015

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Terrence H Thorgaard's answer
It depends on how the deed is worded. If it is \"[both names] as joint tenants with right of survivorship\", that would be easier. Otherwise, you probably have to petition the probate court. Confer with an attorney in your state.

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Q: How do I remove my name off a deed with a non cooperating person ? She sometimes pays the rent, and at times doesn\\\'t.

1 Answer | Asked in Real Estate Law for North Carolina on Aug 27, 2015

Answered on Aug 27, 2015

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Terrence H Thorgaard's answer
You cannot avoid liability on the mortgage by simply conveying your interest in the property to your sister. It wouldn\'t affect your liability to the mortgage loan lender, which you incurred when you signed the mortgage note. If you can get her to re-finance (with you agreeing to sign over your interest to her), that would do the trick, but presumably she won\'t &/or can\'t do that,

Thus the only likely solution would be for you to sue her to \"partition\" the property. This...

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Q: How long do you have to file a notarized quit claim deed in California?

1 Answer | Asked in Real Estate Law for California on Aug 26, 2015

Answered on Aug 27, 2015

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Richard Samuel Price's answer
You said that your father left his house in your name, did he have a will or a trust? How was the house left in your name? You may have to have a probate proceeding to determine your interest in the property.

The quitclaim deed does not have to be recorded for it to be valid. In the probate proceeding, you can present the quitclaim deed to rebut any interest that your father\'s sister had in the house.

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Q: Can a licensed re agent negotiate a contract on their own behalf and then assign the contract to another buyer?

1 Answer | Asked in Real Estate Law for New Jersey on Aug 25, 2015

Answered on Aug 27, 2015

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Leonard R. Boyer's answer
There is a possible conflict of interest, but to determine exactly what the situation is, would involve a consultation with an attorney, and possibly retaining an attorney to handle any legal proceedings, if applicable. Good luck.

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Q: Hi,I received this email today.RE: Intellectual Property Infringement and Unfair Competition by

1 Answer | Asked in Real Estate Law for New Jersey on Aug 26, 2015

Answered on Aug 26, 2015

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Leonard R. Boyer's answer
Your question has nothing to do with real estate and everything to do with intellectual property. You need to retain an IP/ trademark attorney. Good luck.

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Q: Our home that we purchased this past June was built in 1980. We were not informed that the water pipes were not buried

1 Answer | Asked in Real Estate Law for Arizona on Aug 26, 2015

Answered on Aug 26, 2015

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Adam Studnicki's answer
You can ask a local real estate lawyer to review the paperwork that was signed and advise you of your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...

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Q: Can a Timeshare be liquidated if the Timeshare company neglected to record the deed?

1 Answer | Asked in Real Estate Law for California on Aug 25, 2015

Answered on Aug 25, 2015

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Richard Samuel Price's answer
Recording of the deed is not required to transfer the interest in the timeshare to you. I\'m sorry, but there is no \"liquidation\" of the timeshare.

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Q: If my father remarried but the dead to the homes has the ex wife and his name on it what can i do to remove a person?

2 Answers | Asked in Real Estate Law for Florida on Aug 25, 2015

Answered on Aug 25, 2015

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Robert Jason De Groot's answer
Go speak with a lawyer about this. I do not know enough facts to give you a solid answer as to what you should do. I think you meant deed, not dead, right? What happened in the divorce as far as that house goes? She might have already signed a quit-claim deed to him. I don\'t know. If she was required to do that and she failed to do it, a motion for enforcement might be needed. When parties get divorced the real estate changes aspects of ownership, it could have become a tenancy in common as...

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Q: My husband bought a house solely in GA. Do I have the property right?

1 Answer | Asked in Family Law and Real Estate Law for Georgia on Aug 22, 2015

Answered on Aug 25, 2015

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Julie A. Rice's answer
If you are married in GA, then, yes, you have a potential legal right to a portion of the property if you get divorced. If the mortgage doesn\'t get paid, then nobody but the mortgage co. has a right to the property. If you aren\'t on the mortgage, then you aren\'t responsible for the payments.

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Q: Can seller withdrawal their counter offer prior to time given listed as "open"

1 Answer | Asked in Real Estate Law for Ohio on Aug 22, 2015

Answered on Aug 25, 2015

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Adam Studnicki's answer
Sounds like a potential problem if they did not withdraw the offer. If you accepted it while it was open, you might have a claim. A local real estate lawyer can review the specifics and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...

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Q: I I bought a townhouse may I change or alter the facade of the front?

1 Answer | Asked in Real Estate Law for Virginia on Aug 22, 2015

Answered on Aug 25, 2015

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Adam Studnicki's answer
Hard to say without knowing a lot more. The CC&R and/or homeowner\'s association rules, as well as any application local zoning ordinances, would have to be reviewed (and a determination made as to whether permits are required). A local real estate lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...

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Q: i have been living with my father since 2005. He died earlier this year. Do I have any rights to continue living there?

1 Answer | Asked in Real Estate Law for Maine on Aug 24, 2015

Answered on Aug 25, 2015

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Adam Studnicki's answer
The will should be reviewed to help answer this. The will or your State\'s law will determine who gets the house. Separate from that, additional details can be negotiated. Talk to a local probate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...

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Q: Can a bank sue a home owner even when another previous bank's suit is still open for the same plaintiff and property?

1 Answer | Asked in Collections, Consumer Law and Real Estate Law for Pennsylvania on Aug 24, 2015

Answered on Aug 25, 2015

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Adam Studnicki's answer
Sounds strange that there would be two different lawsuits for a breach of the same promissory note and/or for foreclosure. I\'m assuming there must be more to the story. A local lawyer can review the specifics and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate...

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Q: Separated,looking to buy house in RI. Only my name on the mortgage and title.Would that be consider marital asset?

1 Answer | Asked in Real Estate Law for Rhode Island on Jul 13, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
Talk to your attorney to ensure the asset is acquired in a manner that it shan't be deemed marital.

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Q: Can I raffle off my home in NJ for personal profit?

1 Answer | Asked in Real Estate Law for New Jersey on Jun 29, 2015

Answered on Aug 24, 2015

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Leonard R. Boyer's answer
You are not precluded from doing so, but it will not be as easy and straight forward as you think. You must comply with the law and you could end up losing a substantial amount of money. Good luck.

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Q: If a party in a deed (fee simple condition subsequent) breaks a condition of the deed, what rights does that party?

1 Answer | Asked in Real Estate Law for Rhode Island on Jul 15, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
Excellent question to review with your local real estate attorney with the deed in hand describing the condition subsequent and evidence of the breach along with documentation of all incidental and consequential damages including a careful review of all liquidated damages and specific performance clauses and conditions.

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Q: $3000.00 penalty to the government for not living there. Is this true?

1 Answer | Asked in Real Estate Law for Rhode Island on Jul 25, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
It depends on the federal law what the agreement you signed says. Bring that to your trusted local attorney and sort it out.

Or, review the contract and Federal Laws yourself http://www.ecfr.gov/cgi-bin/ECFR?page=browse

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