Bruce Alexander Minnick's answer Under normal circumstances--if the purchase and sales agreement does not prohibit transfers, and if the transfer itself does not violate any law, the buyer can assign the contract to an investor. CAVEAT: If you are searching for some way to avoid having to get a license to buy and sell real estate as a business for profit you are also searching for trouble.
Richard Winblad's answer Eviction is not the proper remedy, however it is possible that he could use a partition action to force the sale of the home. He also may have some rights of occupancy. Contact an attorney in Shawnee.
Richard Winblad's answer If you have a contract for deed, it is treated as a deed and mortgage in return. It is not a landlord situation. He can only foreclose if you default in the payments or perhaps other provisions. If he attempts to evict, the small claims court will not have jurisdiction. You should file your contract for deed of record.
Doak Willis' answer Your question does not give enough facts in order to be answered properly. Depending on how the deed was made out when it was purchased and transfered over to you and him, that would tell the percentage he owned. For example, if the deed was made out to you and him as joint tenants with rights of survivorship then each or you would own one half of the property. If his percentage of ownership was less than one half or more than one half, the deed should have reflected that percentage.
Doak Willis' answer Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.
A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution. Misappropriation of the security deposit shall be unlawful and punishable by a term in a county jail not to exceed six (6) months and by a fine in an amount not...
Kyle Persaud's answer If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1
However, "thirty days notice in writing is necessary to be given by either party before he can terminate a tenancy at will." Okla. Stat. tit. 41 sec. 4. So, unless an exception applies, your landlord has to give you at least 30 days notice before she can kick you out.
Ben F Meek III's answer There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able to buy out the family members that have interests. You and your husband should bring what papers you have relating to the property and any Wills his ancestors left behind and go see an experienced...
Doak Willis' answer No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.
It sounds as though your sister forged your name to an acceptance of an offer to sell and that an earnest money check was deposited. I say this because if your name is on the property (completed probate or trust) then you must sign before a notary public.
You should hire an attorney to review the situation. This is especially true if the contract was below market value.
If you don't want the deal, you should take steps now to prevent the sale...
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