In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your...View More
The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle... View More
It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and...View More
We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.
In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement...View More
If the Deed was not recorded, it has no effect here. You might want to get the Deed placed of record, then establish that you are your Father's Heir (Probate, Affidavit of Heirship) etc. If you have the Deed, hire a NM attorney. You may have to then get possession after you establish title.
Usually the walls, roofs. parking lot and floors of a condominium are owned in common with the other owners. Look at your deed, master deed, recorded covenants and NM statutes. But I think you will find you do not solely own anything individually but the interior space.
In New Mexico, a seller can technically sign a warranty deed without a land survey, but it is not recommended. A land survey is an important document that provides a detailed and accurate description of the property's boundaries, including any easements, encroachments, or other relevant...View More
The property consists of 3 adjacent parcels. The legal descriptions are almost the same except for the parcel number. I thought it would be better to just attach the warranty deed so it’s clear what properties are being transferred.
The confusion is that the original warranty deed... View More
If you are conveying property, then draft one deed with all three tracts, using the best legal descriptions available and the best derivation of title clauses. Do not convey in a deed just two tracts, then attach some former three tract deed (which will not be a current conveyance). Hire a NM...View More
If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the...View More
Hire a NM attorney to draft a Quit Claim Deed from you two over to your Daughter. Execute it properly and record it. There may be tax consequences which should be examined first if the property is valuable. It may have a mortgage or lien on it now.
A former friend and I drew up a contract for the sale of a lot that is part of my mother's estate. She failed to make any payments, then she sued me for breach of contract. She lied saying I misrepresented the lot as being developed and claimed she had to install all utilities, when it was a... View More
Most lawyers have no idea what that Action is. You will need to hire a NM attorney that handles real property litigation. That cause of action requires title searches, knowledge of statutes and witnesses giving almost perfect testimony. Even a successful trial will require a precisely drafted...View More
You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.
You can revoke the POA anytime. I would notify any interested parties such as the renters. You can also sue her for breach of fiduciary duty for presumptively fraudulent transfers of your money to herself.
In 3/22, a civil complaint was filed against me, which I responded and now the plaintiff has hired an attorney, 5/17/23, which filed an amended civil complaint. What is the rules to follow now? Is this not a new complaint?
You need to file an Answer to the Amended Complaint. If Leave Of Court was not granted to amend the Complaint, you could move to strike it. That will probably not help your case unless there is a violation of the SOL.
Apparently he didn't have any kids people that he would have left it to as far as I've been told it's been vacant for a very long time and nobody's really done anything except for them putting a sign that says substandable with black letters on the board that says no rest not... View More
Hire a NM attorney to search the title, then check on tax payments. An heirship determination will have to be made. If no tax sale or foreclosure is imminent, then try to purchase a Deed from all tenants in common heirs. Property may not be worth the trouble.
Typically, when a property is sold where a tenant is residing, the new owner assumes the lease if there is one. If there is no lease, then the tenant is on a month to month lease and notice by either party is much shorter (usually 30-60 days depending on the how long the tenant has lived there)....View More
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