What document do I use? If it's a quitclaim deed, what name is listed as the grantor? The deceased person, or "The Estate of ...."? I would be the one signing it, as the administrator. The current deed is in the deceased's name solely.
I have to be blunt: You shouldn't attempt to do this without using a lawyer.
We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:
1. Fencing is... Read more »
Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... Read more »
The landowner I am purchasing it from allowed a friend of his to put a mobile home on the property until it was sold. I have put 2000$ down on this property. How can I get this person to legally leave
When you have title to the property (after closing) you'll be able to evict someone. The mere fact you're in the process of buying it is not enough.
I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... Read more »
Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.
i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then... Read more »
Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is... Read more »
can i sue to quite the title
You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without... Read more »
On a general basis, the answer is no. Earned commissions should be paid. However each case is dependent on its facts. I presume you have a contract and that should be reviewed. I would recommend you consult with an attorney to review and discuss the details.
My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »
I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.
The mortgage is in my wife's name, but I am listed as a "tenant by entirety."
Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... Read more »
I live in a duplex attached to my neighbor with a common wall. It’s been determined the water damage in my basement that has led to mold was caused by a problem in her basement. Can I sue her??
Based upon your description you can make a claim. It would be best if you found out the name of their insurance company and make the claim and determine the insurance company position, ie: pay the claim or deny. If denied then you would have to file suit. Another option is to explore whether your... Read more »
The seller didn't put the deed in my name what can I do....
You would need to sue in Mississippi to enforce the real estate sales contract and force a closing. If your contract was not in writing, you may have a problem. Contact a Mississippi attorney.
I've been paying taxes and up keep on her home as she lives with me for 3 yrs. 2 brothers have agreed but have not talk to 1 brother yet
If your mother is in title to the property, then if she wants to leave you the property, she can:
1. Put that directon in a will; or
2. Execute a Quit Claim Deed, to reflect a change of ownership, so that both you and your mother are listed and identified as owners.
Which... Read more »
My grandfather passed a year ago. His home is now for sale through his estate. As his grandchild, am I able to purchase the home through FHA?
Yes. You can contact the administrator and make an offer. You will not get a special, family deal. The administrator can only take a fair market offer. You might ask the administrator to get an appraisal.
He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.
Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »
The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »
we're talking slumlord level. she won't fix up the place and we're not allowed to fix it with our own money. the electricity is not up to code, no central air, broken tiles in the bathroom, rotted wood underneath floor in one area, windows with no insulation. our fault in this... Read more »
Fundamentally, if you do not have a written lease, you can provide 30 days notice and then vacate. The landlord has the responsibility to provide a habitable apartment and of course you have the obligation to timely pay the rent. Perhaps the landlord's attitude is that they are being... Read more »
My siblings and I were given a property to act as our inheritance. The property has no mortgage and we are all listed as owners on the deed. We did not establish an LLC nor have we determined a percentage of ownership - I think it was assumed to be 1/3, 1/3, 1/3. However, my siblings live nowhere... Read more »
Based upon your description you and your siblings have an equal ownerhip percentage. For that to change would require the consent of your siblings and depending on what the usage of the property, it may be appropriate to consider forming an LLC. It would be best to consult with an attorney whose... Read more »
The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?
You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... Read more »
If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?
The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... Read more »
Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.
The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have... Read more »
The title to the property must be reviewed as well as the will. I am assuming from the description that your aunt's name was not on the title, but that should be verified. If your aunt's name is not on the title to the property then the will must be reviewed to determine the specifics... Read more »
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