Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase... View More
If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all...View More
I sold my grandson a house with a verbal agreement that he would pay $500.00 a month and deeded it to him. He made several payments and then he decided he didn't want to pay anymore. I have kept record of all the payments he has made. What can I do now?
Unfortunately, you have an uphill battle without a written agreement, like a promissory note. I'm going to assume (since you say it was a verbal agreement) you did not record a mortgage - which would have given you leverage (foreclosure). The fact that he made some payments is good...View More
If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are...View More
Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the...View More
We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More
She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you...View More
hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed
She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.
Re you taking over, that is something you would need to request...View More
Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.
If you signed a Note and a Mortgage or Deed of Trust, then you have pay the lender or it will Foreclose. If you did not get a Deed, then you are not the Notemaker and Mortgagor. Only when the Note is Released of record do you not pay anymore.
The tax owed is a lien against the land, not the owner personally. Owner's name is listed so he gets a tax bill. Notify the County taxing authorities of the change of ownership, but do not be surprised nothing changes until the deed is of record.
I purchased 85 acres in February of 2022. I did not have it surveyed. My 73yo neighbor (in declining health) has lived on his property for over 40 years. He tells me he has no idea where our property line is located. But if you were to look at the map of the real estate listing, and you were to... View More
You and your predecessors in title have probably already acquiesced to the boundary. Survey at least the boundary line and get a KY lawyer to draft/execute a boundary line agreement to be recorded. You might go after your buyer on a warranty deed, but it would be expensive and doubtful. Tax...View More
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... View More
They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.
Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply...View More
If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer...View More
You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native...View More
I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.
Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might...View More
I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More
Without a Will being Probated, the next of kin of the Decedent take the personal property. All next of kin will have to sign as co owners. You might need a KY attorney to determine their identity and draft an Affidavit.
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