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Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: What can I do if my mortgage company, Wells Fargo, refuses to remove my deceased husband from title without probate?

My husband passed unexpectedly in December without a will, our home was purchased during marriage and it is our homestead. Both of our names are on the title. We have 2 minor children together, no other marriages and no other children outside our marriage. I filed a heirship affidavit and a small... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

The Deed is different than the Mortgage. There is no need to take your husband's name off the deed if you plan on living there for the resrt of your life. If you want to sell the property, you can manage the name issues at the closing. If there is something else ylou should get back to me.... Read more »

1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for Texas on
Q: I did not sign closing paperwork for a home loan but it is in my credit report.

The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Unpermitted work

Hi. I am a buyer and under a contract to buy home in Montgomery County, MD. Our closing is end of August. I just learnt that the home has unpermitted work. Seller built a bathroom in the basement. Seller signed the Maryland Residential Property Disclaimer Statement. My agent is agreeing but... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 9, 2022

You can't get a full and complete answer on this free platform because any lawyer will have to review the documents. I assume you are referring to the standard MAR and perhaps GCAAR forms. In our litigation practice, I have considered the failure to disclose unpermitted work to be both a... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

1 Answer | Asked in Real Estate Law for Georgia on
Q: Real Estate lawyer, taxes, deed, reverse Morage?
Anthony M. Avery
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Anthony M. Avery
answered on Aug 9, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Mississippi on
Q: IN the state of Mississippi, can a judgment be made against your home /land if you have a large amount of medical bills

Due to cancer diagnosis , the patient responsibility is up in the thousands after insurance has paid , can they take my land. I have cancer and unable to work and I live on social security.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 9, 2022

Any debt can become a judgment lien against real property. Hire a MS attorney to advise you of Exemption Statutes and proper planning.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I take my HOA to court for maintenance that is causing damage to the inside of my unit for the second time.

I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 9, 2022

Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by... Read more »

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: I and my Sister in Law are Tenants in Common. House immediately passed to us outside of probate after my mother passed.

I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 9, 2022

If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Real Estate Law for California on
Q: Mortgage loan servicer added 255,000.00 to my balance saying it is for payments they made to my 1st morgatge. They didnt
Yelena Gurevich
Yelena Gurevich
answered on Aug 7, 2022

Send a qualified written request and ask for a full accounting from each mortgage lender you have. Once you have the paperwork consult with a real estate attorney.

1 Answer | Asked in Employment Law, Real Estate Law and Landlord - Tenant for California on
Q: Lived & worked at a home for 15 yrs w/o warning was served a 30 day quit notice

I don't want an eviction but have no money to move or get a lawyer. + I am owed back wages + out of pocket cash. What can I do ? is the 30 quit notice legal?

Neil Pedersen
Neil Pedersen
answered on Aug 7, 2022

A residence provided as part of the employment bargain can be ended at the moment the employment ends. There is nothing you can do to extend your right to stay unless the residency started as a normal tenancy.

As to being owed money, you are likely entitled to money, but far more would...
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2 Answers | Asked in Employment Law, Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: 15 yrs as a housekeeper/ cook part time for room & board + wages , was served a 30 quit notice what r my rites

I don't want an eviction on my record. + I am owed past wages + alot out of pocket cash

Neil Pedersen
Neil Pedersen
answered on Aug 7, 2022

A residence provided as part of the employment bargain can be ended at the moment the employment ends. There is nothing you can do to extend your right to stay unless the residency started as a normal tenancy.

As to being owed money, you are likely entitled to money, but far more would need...
Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California on
Q: If I was my grandmothers beneficiary and she had purchased 4 cemetery plots with only one remaining can I sell it
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Aug 6, 2022

It depends on what the estate planning instrument says. If it is a Will or a Trust and it specifically states that the cemetery plots are to be used for a certain purpose, the answer would be no, since you (or the administrator/trustee) would have to abide by the terms of that estate planning... Read more »

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2 Answers | Asked in Real Estate Law for Texas on
Q: In Texas.no will..1 sibling lived with mother when she passed & he stayed in home.Now the other 2 siblings want the home

He wants to stay in home.What are the outcome if siblings hire lawyers

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 5, 2022

There will probably be either an agreed sale or an action filed for a Partition Sale.

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1 Answer | Asked in Real Estate Law for California on
Q: I hold a deed of trust on a piece of property, and the loan has been paid off. I Wish to file a reconveyance form.

I saw forms On the Internet, but I am not sure which one to use. Also, I am the lender. Does the borrower need to sign the form, or just the lender? I live in Sacramento County.

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

The trustee is required to sign and record the Deed of Reconveyance. The recommend going to a trustee or title company and hire them to do it. They can substitute as trustee and get everything signed and recorded so that you fulfill your legal duty to give the borrower clear title.

1 Answer | Asked in Real Estate Law for California on
Q: My parents purchased a property about 30 years ago and both own it as joint tenancy. When it was purchased,my mom signed

An agreement in front of an attorney that when the house is sold, my dad will get all the money. We recently found out there is a mistress. My questions are: 1) Are there anything my mom can do about the document? 2) If nothing is done and after my dad passes away, if the mistress is a beneficiary... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

When two people own a property as joint tenants, if one dies the other automatically owns the whole property. So yes, if your mother dies first, your dad will own the whole property. If your father dies first, your mother would own the whole property. This will happen regardless of any will or... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can we get our escrow money if seller started to negotiate contract after initial closing date?

We got our clear to close on 8/1 which was the last day for our contract. Unfortunately title couldn’t no accommodate us bc of there packed schedule. It was moved to the 8/3. Now the seller is asking for cash money in order for him to go sign at closing. We have signed on our schedule time but if... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

It would be hard to give you a solid answer without having your sales agreement in front of me. Unless the seller agreement states that "time is of the essence" the closing dates are not real deadlines. Also, the Ernest money clause probably has some language in it about what will... Read more »

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