It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a...Read more »
of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... Read more »
It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.
I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... Read more »
I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »
I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »
He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s...Read more »
We have quite a few homes being sold to rental companies and those companies do not respond well to any HOA rules targeted at making the home acceptable in appearance per our CCRs. Nor do they engage in any type of vote. Can we put a cap of 15% on rentals allowed?
The HOA can amend its declaration by following the process specified in the declaration and recording the amendment in the county recorder's office. The HOA board can retain a local real estate attorney to assist with that process.
The lender who hold the mortgage should treat you as a successor in interest and continue to accept payments on the mortgage from you as well as discuss loss mitigation options with you if you have fallen behind as a result of your husband's recent passing.
I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »
Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »
years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?
All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.
My home is part of a living estate and I'm being threatened with eviction if my wife dies before me. The house was deeded to my wife, but it's to go to her living children on her demise. 2 of her living children are from a previous marriage and 1 child is my biological son, who lives with... Read more »
Use the Find a Lawyer tab to retain a local estate planning attorney that can review your and your wife's financial situation, the deed for the house and other documents, and then advise estate planning alternatives that can address the situation, such as wills, powers of attorney, living...Read more »
He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... Read more »
In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if...Read more »
My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... Read more »
That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer...Read more »
When we bought our condo, we were told it came with a parking spot. We're trying to sell our condo and are being told that our parking spot is "common area" for the building and we can't sell our condo with the parking spot. We wouldn't have bought the condo without a... Read more »
That's a tough situation. Verbal comments would be difficult to prove, and it would depend on exactly what the seller posted when advertising it - whether it could be considered fraud. And purchase contracts typically say that information provided is not verified accurate. The condo...Read more »
You can't take his name off the mortgage or the deed by your action alone. He can take transfer his rights in the property to you by signing a quit claim deed to you. The mortgage company won't take his name off the loan. You'll have to get a new loan. So, after he transfers the...Read more »
We live in a small development in Ohio on a "private street". The city has been plowing the street for snow for 25 years and has now informed our HOA that they will no longer provide that service as we are a "private" street. Do we have any legal recourse?
If it is a private street, then the city has no legal responsibility to perform any services on it. You'll be lucky if the city doesn't send your HOA a bill for past services, now that it has discovered its mistake. The HOA can use the Find a Lawyer tab to retain a local attorney to...Read more »
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