Indiana Real Estate Law Questions & Answers

Q: Can my siblings and I, as co-trustees, sell our parents' home by land contract to one of the grandchildren?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Nov 1, 2015

Don't you realize that an attorney has to read the trust in order to be able to answer your question? If you want actual legal advice about a document, the trust, the attorney must be able to read the document. You might choose to take the document to the attorney who drafted the trust, or you might choose any attorney who does trusts. The only answer we can give is that it depends upon the terms in the trust.

Q: I have 4 lots I want to sell In Indianapolis. I have a buyer, but he wants to know the title deeds are free of liens.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 31, 2015

You get title insurance, a search for liens needs to be done in order for you to give a warranty deed upon the sale. This is standard stuff.

Q: When buying a home and placing in trust at closing, do you list the Warranty Deed as trust property?

2 Answers | Asked in Real Estate Law for Indiana on
Answered on Oct 14, 2015

What are you asking? List the warranty deed? What does that mean? You probably need to list the legal description from the warranty deed as the property the description of the asset, along with the address.

Q: If I sold My mobile home for cash can the buyers get me to give back the money and cancel the deal?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 12, 2015

That sounds like a unilateral thing to me. Go speak with a local attorney about this.

Q: Can my neighbor paint my fence on his side

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 23, 2015

A fence separating adjoining properties can be on either side of the property line, or exactly along the line. Assuming his side of the fence is on your property, probably not. But what do you care; you don't have to look at it?

Q: when buying a house for cash what fees are there

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 17, 2014

Even when my clients are buying a house for cash, I advise them to use a closing or settlement agent to handle the closing to make sure everything is done correctly, and I also advise them to obtain an owner's title insurance policy, which will likely require a survey to be performed. The usual practice is to have the title company serve as the closing or settlement agent, in addition to obtaining the title policy from an underwriter, and they will likely prepare the deed, sales disclosure...

Q: My husband, my brother, and I are living in my moms house but she passed away.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 7, 2014

I am not an Indiana attorney, but I am not aware of any state that requires you to change the Deed. One question, however, is how did you acquire title. Was there a Will?

Q: Can I do anything about a buyer who doesn't disclose financial information?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 19, 2014

If I understand correctly, you are a bit suspicious that the buyer may not have disclosed all of her financial information in applying for a loan precisly so she would not qualify and therefore could get out of the purchase agreement. A couple of thoughts....

Most purchase agreements that are contingent on the buyer obtaining financing require the buyer to apply for financing within a certain period of time and to make a diligent effort to obtain financing. If she withheld information...

Q: I signed a contract as the seller in Indiana. I now do not want to sell. What do I do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 8, 2014

This answer may be a bit late but. . . . based only on the facts you've given, and assuming the contract is valid and created a binding obligation for you to sell, it seems you have to possibilities: (1) Go through with the sale. (2) Try to negotiate a resolution with the buyer which will likely require that you pay the buyer some money. In most cases, a court will not order a party to actually peform the contract but, instead, will order the breaching party to pay damages. Contracts for the...

Q: i lease a home and am trying to buy a home can i get out of my lease

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jun 13, 2014

You can always get out of your lease. The question is: what will it cost you? There is no way to tell without reading the lease.

Q: Can a mortgage provider prevent someone from selling their house on contract?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on May 30, 2014

Google the name of your town followed by real estate lawyer.

Q: Can emails stating there is an agreement override the fact that you can't have a verbal agreement to buy a house?

2 Answers | Asked in Real Estate Law for Indiana on
Answered on May 15, 2014

An email exchange can form the basis for a valid, enforceable contract. The question is whether the emails contain enough documentation of the essential terms that must be agreed on.

Q: My mom and i own 32 acres can she let anyone move on it without my permission

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 18, 2014

Yes. If land is owned jointly by two people (whether it's as joint tenants or tenants in common), each owner has the right to full use of the land. However, if the property is leased, each owner should get half the rent, regardless of which owner made the lease. And if there is a disagreement between the two owners, either of them can go to court to have the property "partitoned" or divided in two, with each owner getting half.

Q: My husband owned the house before we were married if he died will I still be able to own the home?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 18, 2014

I assume nothing has been done so far and the house is still entirely in the husband's name. In that case, if the husband dies, the house will pass to his heirs either under his will, if he has one. If dies without a will, the house will pass to his heirs according to the rules of intestate succession. Whether the wife gets the entire ownership of the house depends on whether there are other survivors and what their relationships are to the husband; however, I can't think of a situation in...

Q: If a spouse dies and both names are on the house, do the surviving spouse automatically own the house

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 18, 2014

Yes, usually, but it depends on how the deed reads. Usually, if the house was bought during the marriage, the deed will give the married couple a "tenancy by the entirety." If they bought the house before they got married, the deed will usually give them a "joint tenancy." In either of those cases, when one of the two owners dies, the other one will automatically own the house. However, it's also possible (although not very likely) that the deed made them "tenants in common." In that case,...

Q: What is the procedure to sell a house when a part owner does not want to sell in Indiana?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 7, 2014

You should consult an attorney about filing a court petition to "partition" the property under Indiana Code 32-17-4.

Q: CAN I REMOVE A NAME FROM A DEED WITH A DEATH CERTIFICATE

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 2, 2014

I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint tenant can sign a document called an affidavit of survivorship and have it recorded in the county recorder's office. That will "clean up" the title record so the survivor can sell the property. But if my guess about the details of your question is wrong,...

Q: Buyer pays cash for property. Property appraises under purchase price. Is buyer still bound to purchase?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Nov 12, 2013

Yes, unless there is a contingency in the contract relating to the appraisal.

Q: How Long does someone have to take care of a piece of property before it legally becomes theirs in indiana

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 12, 2012

This is a question of "adverse possession." Time is only one element that you would have to prove in court in a Quiet Title action. Ten years under a belief that you own it with the proper owner having the ability to learn that you are possessing it are some of the key elements. Your claim may already have failed because you are investigating the matter after only 3 years.

Previous owners who acted like it was theirs and sold it under that impression can be "tacked on" to your time...

Q: Do I need an attorney to petition a court to release funds being held due to the sale of land under imininet domain?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 12, 2012

No. It may save you a lot of time though. The attorney can do in an hour or two what may take you days to figure out.

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