We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »
This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.
Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate... Read more »
I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »
This calls for a tenancy in common agreement. A good real estate attorney can help you with this.
My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine and... Read more »
I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?
This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are... Read more »
I want to sell there home no one has lived in in25 years!
Probate is the process that is used to retitle assets that are still in the name of a deceased person. In order to sell the home you will need to update the title so that it is in your name. A Utah probate attorney can help you with this process.
He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no license, he... Read more »
If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.
And are you entitled to your earnest money back, it happened after all dates expired so the earnest money went hard.
The most likely answer is that you are going to lose the earnest money if you don't close on the purchase. I would definitely talk to the other side and explain you situation though. They may feel bad about your situation and offer to give back part or all of the earnest money.
The Title... Read more »
hi I need some advice. I am in UTAH , I am seller of my house. Buyer of my house did not pay the earnest money with in 4 days of offer acceptance( he paid after 5days and did not inform us ). Can I back-out from selling contract? and What other clauses can help a seller backout?
If the real estate purchase contract has a "Time of the Essence" clause or provision, this could help the seller rescinding the contract in this type of situation. The general rule with regard to contracts for the sale of land is that time is not of the essence unless the parties expressly... Read more »
My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?
The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.
If... Read more »
If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.
Wes
If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.
Wes
my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back
Hello,
I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this.... Read more »
There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.
This is not a criminal law issue or question.
She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.
It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.
If she did not leave a will or trust... Read more »
The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my... Read more »
You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an... Read more »
Our joint fence was completely removed, and they have embarked on a 5 week process to construct a retaining wall and new fence. We were given no written plan or written notice. They have excavated on our property, and they are trying to get us to pay part of their project.
If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. Many fences are not built on a property line, but are instead just on one property or the other.
If you have had your land surveyed, you... Read more »
Included mortgage payment in to escrow. I receive a letter to pay or I'm in default
As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »
Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?
Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »
as per my divorce settlement, i am required to file a quit claim deed for joint property in virginia, however i now live in utah.
Yes,
You can sign a deed and have it notarized here then record it in Viriginia. Utah Notarized documents are respected and honored in Virginia or anywhere else in the U.S. for that matter.
Our agreement is he gets $50,000 now and signs a warranty deed and the balance of $12,350 after/when the house is sold in the very near future. Is it to my benefit to use a promissory note of a trust deed for the $12,350
Not sure I understand. He is signing the deed now? If so then, you would be giving him the promissory note for the remaining $12,350.
Trust deeds are secured by land, promissory notes do not inherently have any collateral attached to them. As you are the borrower in this case, it is best... Read more »
Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?
In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »
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