Oklahoma Real Estate Law Questions & Answers
Q: I am going to purchase a piece of property from my niece and her husband currently own. I am also going to buy
Bruce Alexander Minnick's answer
You do not need to talk to an insurance lawyer--at least not now. You need a lawyer experienced in writing last wills to advise you. Hire one.
You do not need to talk to an insurance lawyer--at least not now. You need a lawyer experienced in writing last wills to advise you. Hire one.
Q: if I have a purchase and sales agreement on a property with a seller, Is it illegal to assign contract to investor?
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.
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.
Q: Do I need an attorney to file a contract for deed or can I do it on my own?
Richard Winblad's answer
If the contract notarized with seller's signature you can file it as is. If not see an attorney.
If the contract notarized with seller's signature you can file it as is. If not see an attorney.
Q: Can a potential buyer of undeveloped land listed with an realtor in Oklahoma remain anonymous thru the buying process.
Richard Winblad's answer
One solution may be to set up a LLC using a name that differs from your own. Since you are paying cash, loan approval would not be a problem.
One solution may be to set up a LLC using a name that differs from your own. Since you are paying cash, loan approval would not be a problem.
Q: my brother and i are both on the deed to my house. he does not reside in it, only i do. he wants to evict me
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.
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.
Q: Is notice to quit enforceable on a land purchase
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.
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.
Q: If a step son is entitled to % of the house we bought a year before he died. What would his % be based on new or time
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.
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.
Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.
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.
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.
Q: Can a rental property in Oklahoma keep a security deposit if I back out of renting before signing a lease?
Kyle Persaud's answer
You have the right to demand a return of the security deposit.
Okla. Stat. tit. 41 s 115 says:
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...
You have the right to demand a return of the security deposit.
Okla. Stat. tit. 41 s 115 says:
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...
Q: How can a family caregiver get the right to occupy a deceased mother's home
2 Answers
| Asked
in
Estate Planning, Real Estate Law, Civil Rights and Elder Law
for
Oklahoma
on
Answered on Apr 5, 2019
Answered on Apr 5, 2019
Kyle Persaud's answer
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.
Here is part 1:
First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.
Then look at the deed. When you look at the deed, ask the following questions:
1. Does the deed...
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.
Here is part 1:
First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.
Then look at the deed. When you look at the deed, ask the following questions:
1. Does the deed...
Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.
1 Answer
| Asked
in
Estate Planning, Real Estate Law, Probate and Stockbroker Fraud
for
Oklahoma
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Kyle Persaud's answer
File an action in court to remove the trustee.
Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.
The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state.
File an action in court to remove the trustee.
Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.
The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state.
Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?
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.
However, state law also says, "When the time...
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.
However, state law also says, "When the time...
Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?
Kyle Persaud's answer
If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.
What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have ruled in favor of the Defendant.
What should be done to remedy this, is to appeal the judge's order. If you appeal the judge's order, you may post a supersedeas bond. The posting of the supersedeas...
If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.
What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have ruled in favor of the Defendant.
What should be done to remedy this, is to appeal the judge's order. If you appeal the judge's order, you may post a supersedeas bond. The posting of the supersedeas...
Q: Do we have a case?
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...
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...
Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.
Vincent Gallo's answer
You should have acquired a title insurance policy that is intended to address your dilemma.
You should have acquired a title insurance policy that is intended to address your dilemma.
Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?
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.
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.
Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million
Richard Winblad's answer
Sorry for your issues.
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...
Sorry for your issues.
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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