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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: In MI, can a non-incorporated HOA impose a fine for a covenant violation if the fine is not defined in the By-Laws
David Soble
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David Soble
answered on Aug 23, 2022

Generally speaking, "no" but an attorney would need to review the HOA by-laws.

See more at: www.provenresource.com

1 Answer | Asked in Intellectual Property and Real Estate Law for New York on
Q: Hello, My mother died in 1987 and owned two properties prior to death. One in Corning, NY and the other lake property

I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

From 1987? No there is nothing you can do.

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Is there hope to get my childhood home back?

My mother and I were ( I believe) wrongfully evicted from land that we had been renting to own for 12 years, and due to a blight complaint while cleaning out our garage (we all fell ill and had to stop working for a week or so) the guy we bought the land from said we had to give him 30,000 dollars... Read more »

David Soble
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David Soble
answered on Aug 23, 2022

A real estate attorney familiar with land contract law would need to review the default provisions of the land contract. Additionally, there is a legal process for forfeiture on a land contract. See more at: https://provenresource.com/land-contract-law/

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: In NY can you claim ownership of someone else's property because you have used it for some of period of time?

We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I get a cease and desist order or injuction to stop an unapproved condominium association project in Fl.

A roof replacement project was initiated by our HOA Board without approval from the community.

On March 14, 2022 a meeting and vote was held in accordance with Article XXI, Section 1(c) of the Laurel Oaks Association’s Declaration of Condominium states that “the approval of 75% of... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 22, 2022

These types of cases are difficult at best because they frequently involve materials that are no longer available and the building department requiring the association to bring the roof to code if it is being replaced.

To get an injunction to stop the project, you have to hire a lawyer with...
Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I own an undivided 1/4 interest in a limited partnership. No one likes my division of the property. Who can divide it?

All property is land consisting of pine and hardwood timber. There are 4 partners and I am one of them. There is 2,800 acres total.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 22, 2022

As a Partner you should be able to either sue for a Partition Sale or Division In Kind, or dissolve the Partnership. The Partnership Agreement may define your rights in assets, so read it. Hire a competent MS attorney to either sell the timber, the property or dissolve the Partnership.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: On a deed there's a notation saying that 2 other people didn't sign the deed but are listed as heirs. Explain please.

On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 22, 2022

You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... Read more »

1 Answer | Asked in Real Estate Law and Contracts on
Q: Did a "contract for deed" for someone in al. They gave a down payment, defaulted. And moved out. How to cancel contract.

After 3 months we sent notice of cancelation for not getting house ins. At the end of there 4th month they packed there bags and moved back to Nevada I'm assuming. No way of contacting them. Cfd was recorded in henry county, al. Now we can't sell our home cause of the cfd. How do we get... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 22, 2022

A certified copy of the Judgment for possession from whatever Court you filed the Eviction in, should be recorded with the Judge of Probate. That serves as notice to the world that the Contract has no effect now. If no Eviction suit, and no Quit Claim Deed from all contractual renters, then you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My home builder is not fulfilling our home warranty that they signed. What can we do?

We signed a home warranty for a year and have been needing windows replaced since before we closed for 4-5 months now and have not gotten them replaced.

Jane Kim
Jane Kim
answered on Aug 22, 2022

That would be breach of warranty. You'll need a litigation lawyer for that one.

Good luck.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Louisiana on
Q: Hello , I want to find out if the HOA every year it seems is asking the owners to pay for all of these projects

Hello, the HOA that over my residence just had new carpet install in the building , with new furniture , and fixed the drive way . The HOA told all the owners to pay 1,600 for the new carpet in January of this year . Now the HOA wants all the owners to pay 2,000 in January 23 because they are... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

A review of your governing documents which describe the steps the Board/HOA has to follow in order to make these assessments is needed. Since you have multiple property owners worried about this, I recommend that a group of you contact an HOA or real estate lawyer to do this----said lawyer would... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 22, 2022

You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I sold a piece of vacant land and the people stop making payments to me. Can I foreclose on the property

It’s have back taxes and it is going up for tax sale soon

Jane Kim
Jane Kim
answered on Aug 22, 2022

Yes, most definitely. But how did you sell it? Do you still hold title? Did you record a mortgage? If you did not sell it correctly, your only remedy might be to sue that person for damages. It really depends what you did at the time of sale.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: When in time can the California residential landlord make a deduction from the security deposit for unpaid rent?

Is the answer only at the end of the lease period or can it be during the lease period? If the answer is only at the end of the tenancy and not during the tenancy then that seems to make the landlord a savings and loan/credit organization of sorts and if so what are the finance charges the LL can... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Aug 21, 2022

The landlord can only deduct from the security deposit at the end of the tenancy. Until then, they must hold the security deposit money in trust.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can you sell a vacant home in need of repair in Texas as-is cash by just signing the deed of trust over and take cash?

As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, you can. But you need a good contract indicating that they are buying as is so you do not get sued for fraud and other valid causes of action that can plausibly be alleged against you.

The information contained in this website is provided for informational purposes only, and should...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: We have a contract signed in October 2021to build our house on a lot we purchased in Florida. Three months ago we found

out that the house design would not fit on the lot due to a conservation easement. This easement was missed by the surveyor and the building department that issued the permit. This easement was bought to the attention of the building department by a neighbor. The builder told us to find a new lot... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 20, 2022

Your best option is to stop thinking this is a simple transaction like buying a burger at Mickey Ds. I recommend that you retain a real estate attorney asap.

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a boat title that has been signed by the previous owner and notarized. When I took the title to the clerks

Office to have it transferred they told me that the previous owner filed for a lost/duplicate title and that the title I have is not good. Is that perjury on the previous owner because he filed for a lost title after selling the boat?

Timothy Denison
Timothy Denison
answered on Aug 19, 2022

Perjury is false sworn testimony. This is fraud and you have been defrauded by the seller.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 19, 2022

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... Read more »

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