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Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
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2 Answers | Asked in Real Estate Law for Florida on
Q: On the deed of a condo. Not on the mortgage. Not married to mortgage holder. Do I have any rights to condo, equity, sale

Lives in condo and paid mortgage and all associated expenses for 10 years. Mortgage holder has lived there last 5 taking care of expenses and mortgage although has let it go to foreclosure 3 times but managed to save it. I just would like to cut ties but would like to walk away with something.

Jane Kim
Jane Kim answered on Dec 1, 2021

It is difficult to understand what you are saying in writing. It would help if you provided a copy of the deed and a mortgage to a lawyer for review and proper advice. If someone is on the deed and you want to cut ties with them, I am not sure what exactly you mean, a forced sale?

THIS...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I was purchasing some land from a neighbor. We both signed a agreement with address and price but no payment arrangemen

I got half of the agreed price payed off and he transfered ownership into someone else's name.

Teri A. Walter
Teri A. Walter answered on Dec 1, 2021

You may have a claim to to title based on the agreement, and partial performance. Talk to a lawyer in your area and bring the agreement, and your records of payment.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas on
Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 1, 2021

Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Listed on deed of deceased fathers property. It was sold without my knowledge. They want me to sign away my rights to it

I had to knowledge of being listed on deed. I was told 20 years ago I had no claims to to my fathers estate by a local attorney. Now I find out I’m on the deed with strangers whom purchased it and they want to sell it so they are asking me to sign relinquishing any rights to the land. I was left... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 30, 2021

You may be a Tenant In Common by Deed Conveyance or Heirship. You need to hire a competent KY attorney to search the title and determine ownership. You may wish to file a Partition Action or sell your interest by agreement, especially if your interest is insignificant or speculative. Either way... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Health Care Law for Louisiana on
Q: Must I abide to details of a listing agreement?

I was ordered to sign a listing agreement for the partition of co-owned property. I signed the agreement but it has been one month and I have not shown the house due to COVID concerns. I just received a Motion for Contempt. I don’t know if that puts me in contempt since the order only stated I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 30, 2021

You need to agree to requested showings. The CDC concluded that surface transmission was low. Get vaccinated. You can require that anyone looking at the house wear a mask and stay outside yourself until the showing is over. If not, you can be held in contempt.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What do we do

My husband and I are in the process of buying our home. We have a verbal agreement with the owner stating “as long as we finish renovating at our expense we can come up with an outstanding payment”. We just received a letter about tax delinquencies and the house has been bought by someone else... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

You need to meet with a competent real estate attorney ASAP, within the next few days if possible. Bring every scrap of the paperwork you have regarding the property and the tax sale to that appointment.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Can a new neighbor make us remove a shed that old neighbor approved verbally that is 4’ not 5’ from property line? NY

Shed is pole barn (no foundation) and deceased neighbor gave verbal permission 15 years ago for shed to be 1 foot closer to property line than required 5’. Thank you in advance

Elaine Shay
Elaine Shay answered on Nov 30, 2021

Generally, neighbors cannot consent to waive zoning or regulatory requirements as they are public not private rights/requirements.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do I have a time limit when it comes to filing a correction deed after a property I have 1/2 interest in has been sold?

The Quitclaim Deed I filed that needs to be corrected states; 'I am giving 'ALL INSTEAD of 1/2' which is the actual interest in the property I have. I did not intend to do that but when I noticed I felt confident the sale would not go through. I guess I am not positive it did, all I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2021

Yes there are time limits. Hire a competent MO attorney to file suit to reform the deed today if needed. If you intended to convey your entire interest whatever it was, then you do not need to correct anything, as it has already been conveyed. If it had been a warranty deed, and you only had... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Hampshire on
Q: Who owns trees in New Hampshire? Owner of the land they grow on, or owner of easement over that land, ie: condo unit?

Our limited common area is an airspace unit, ie: right to exclusive use of our limited common area (unit) ABOVE the land. The land under each limited common area is "owned in common by all unit owners" just as is the common area land. So who is responsible for the cost of removal of... Read more »

Israel Piedra
Israel Piedra answered on Nov 29, 2021

This is an interesting question, but probably not one where you will find a definitive answer. In particular, if the tree is within the airspace and poses a danger, property ownership of the tree may not be the sole determining factor for who is responsible for it. Any answer would probably come... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: I am selling 52 acres of land and just signed an agreement to list it. Can I terminate selling the land?

Signed on November 14, 2021

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 29, 2021

Yes, you can, however you need to read and review the listing agreement to see if there are any ramifications you might have if you terminate the listing agreement ahead of time. Also you need to read and review the listing agreement to see what, if anything, it says if you change you mind again... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In 2017 owner financing documents were drawn up for of property. Both Grantors passed away. Now what happens?

In 2010 my husband moved here with his girlfriend and they signed a hand written owner financing agreement with her parents. They married in 2013. She passed in 2015 and he adopted her girls which wasn't finalized until 2016. In 2017 they drew up legal documents on the purchase and owner... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 29, 2021

Without seeing the recorded documents, I couldn't give any opinion as to what could happen. But I suspect that they cannot void the contract, and your husband can refinance. My advice is to have a local real estate attorney look at the documents and give you a formal opinion.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: grantee deed two separate individuals and husband and wife as tenancy with right of survivorship as between all j
Nellie T Schulz
Nellie T Schulz answered on Nov 28, 2021

I don’t see that you’ve asked a question. You should try re-wording your statement in the form of a question and add as much specific information as you can.

Most importantly, include whether the four persons obtained title to the property at the same exact time on the same date, in...
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2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) Government land

Government land (It Doesn't Have To Be Obvious Of Abandonment) If Government land Was Sold To Another Government Department It Was Obvious Of Abandonment It Was Obvious Of Abandonment Before And And After After It Was Sold/Transfer To The Other Government Department. Can That Land Be Adverse... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 28, 2021

Government land isn’t subject to adverse possession.

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1 Answer | Asked in Real Estate Law for Florida on
Q: My ex-husband wants to refinance a house we both own and he currently lives in, taking my name off of it.

He said he has already filed paperwork with the bank and I just need to show up at closing to sign the paperwork. I'm not sure what I would be signing and the bank won't give me any information because the new loan is only in his name. Does this mean that he has to pay me half of what the... Read more »

Jane Kim
Jane Kim answered on Nov 26, 2021

Ex-husband denotes that you had a divorce and there was property distribution. Was the house awarded to him? If yes, then you just need to sign as a spouse at the time, but you get no proceeds. If there is something different about the house in the Marital Settlement Agreement, you need to retain a... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Do You Have To Have A Claim Of Right Notarized In Maryland

Do You Have To Have A Clim Of Right Notarized In Maryland

Mark Oakley
Mark Oakley answered on Nov 26, 2021

The only "claim of right" I am aware of as far as that specific phrase goes has to do with income taxes. Maryland has issued an administrative release that details the process. Here is the link:... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

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