Indiana Real Estate Law Questions & Answers

Q: I don't currently own the home but was robbed. Is homeowners going to cover it since I don't actually rent from anyone

1 Answer | Asked in Real Estate Law, Criminal Law and Insurance Defense for Indiana on
Answered on Feb 5, 2017

Check the homeowners policy for coverages and exclusions. That is controlled by contract. Your first call should be to the insurance agent.
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Q: My husband has lived in his grandparents house for 40 years. His brother is trying to evict us. What can we do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jan 22, 2017

This is more of an Estate law question than a real estate question. Consult an estate lawyer.
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Q: As as executor of my fathers estate can I remove a sibling from the home in order to sell?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Answered on Jan 16, 2017

As Personal Representative (which is what Indiana and many other states now call 'executors') once your Father dies you have a DUTY to both file for probate and 'marshal the assets' which means protecting them. If things are disappearing and you don't have control of the property, you are not doing what you should.

I would strongly urge you to consult with an attorney local to where your father lived at the time of his death (you don't say, but I assume he's passed -- you can't do...
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Q: What is the indiana state law on renting your house out if your ex's name is still on it but was awarded it?

1 Answer | Asked in Family Law and Real Estate Law for Indiana on
Answered on Dec 24, 2016

If you were awarded the house in a dissolution decree, have your lawyer prepare a Quitclaim Deed and record that deed before renting out the house, if possible. This protects both you and your tenant from possible meddling by your ex.
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Q: Can a realtor make me move my mobile home 6 feet off property they are selling?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 27, 2016

It sounds like you are an adverse possessor. Contact a lawyer who handles real estate law in your area to see if you can work out an accommodation with the owners.
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Q: Just found out my buyer talked w the appraiser of my home that they are purchasing.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2016

Appraisers are certified and have ethical standards. If you are concerned, get a second appraisal.
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Q: If I buy a house through a title agency in Indianapolis, is there any chance of a lien against the equity in it.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2016

In order to transfer title to a house, you must account for all liens and encumbrances. The lien will have to be satisfied and released. Contact a real estate attorney to make sure the transfer is handled properly.
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Q: Hello. My mother is giving my brother her house in Texas. Exactly what legal action needs to be done to complete this?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2016

The laws of the State of Texas will control, since the real estate is located there. Contact a real estate lawyer in Texas to prepare the deed and any power of attorney that needs to be executed. You should also get a title search done to make sure there are no outstanding liens or property taxes.
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Q: I am renting upstairs rooms in my house i reside in to a former co-worker. He has stopped paying me. What can I do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2016

I am surprised you allowed him to fall so far behind. At this point, due to the amount involved, you should contact an attorney to file an eviction action, unless you want to continue to be taken advantage of.
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Q: How can I remove my name from a deed to a house that is being foreclosed on? I am not on the mortgage just the deed.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 1, 2016

If a home is in foreclosure and your name is on the title, you should consult a real estate attorney about executing a quitclaim deed giving up your interest in the property. Be sure to take any documents concerning the foreclosure with you. You want to be sure that you have no exposure in the foreclosure action.
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Q: I'm buying a house on contract should the seller have told me there was a suicide in it

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 24, 2016

First question: Does that make a difference to you?
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Q: For personal reasons, I need to give my house to a family friend. What is needed in Bloomington, IN?

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Answered on Sep 19, 2016

What do you mean by "give" your house? If you have title in real property, you can execute a Warranty Deed in favor of another person. There will be title and recording expenses, and taxes will be pro-rated to date of closing.
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Q: I owe(d) a deposit+prorated back rent and the property managers told me to move out if I wasn't going to have the money.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Sep 13, 2016

This sounds like a small claims matter. If your landlord has filed suit, you need to appear in court, with or without an attorney, to dispute these claims. Be sure to take all documents you have to support your position.
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Q: Is it legal for a court to hold a hearing without me present or notified and have me removed from a residence

1 Answer | Asked in Family Law, Constitutional Law, Probate and Real Estate Law for Indiana on
Answered on Sep 11, 2016

You may have been deprived of procedural due process. Contact an attorney near you about filing a small claims action for your losses.
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Q: My neighbor is harassing me and I don't know what my options are. Can you help me?

1 Answer | Asked in Criminal Law, Landlord - Tenant, Personal Injury and Real Estate Law for Indiana on
Answered on Sep 11, 2016

Your neighbor is trespassing and also intimidating you. Call the police, file a report, and consider getting a protective order.
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Q: My neighbor has put surveillance cameras on top of his privacy fence and they are pointed at my house and property.

1 Answer | Asked in Criminal Law and Real Estate Law for Indiana on
Answered on Sep 11, 2016

He has no right to spy on you. Contact a lawyer to send him a ceast and desist letter.
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Q: Landlord illegally threw out my father's personal effects (photos and ID) days before he pass ed away. What can be done?

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jun 29, 2016

Talk to a member of the State of Washington Trial Lawyers Association.
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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.

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