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Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: My neighbor has encroached about 1/4 acre of my property. What do I do?

We do not know how to approach them with this. Their carport and all of their yard on the side of their house is my property. Do I offer to sell? Do I need to go ahead and file charges for trespassing? We do have no trespassing signs.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

That appears to be a Boundary Dispute. Hire a LA attorney to search both adjoining owners titles. The common boundary may need a Survey, where the Surveyor would be your prospective witness. Then file suit to Determine the Boundary. This is difficult and expensive, but if you do nothing, you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want purchase 20 acres of land from my grandmother and her cousins who are heirs. How would that process work...

And do I need an attorney?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

You need a NC attorney to search the title and determine ownership. The 20 @ Tract must have a description, which may require a Survey. Then a Deed can be drafted with a proper derivation of title clause and a legal description. It must be executed by the owners to you, then recorded.

1 Answer | Asked in Real Estate Law and Estate Planning for Georgia on
Q: If you have Durable power of attorney over your Dads estate and the will was never probated, can you sell property

Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 16, 2022

If someone filed a quitclaim deed without getting your signature, you would need to hire a real estate lawyer, preferably a real estate litigator, to resolve the issue unless the person who prepared the deed is willing to record a new one putting the property back in your name.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The short answer is no. It may be that your bank or mortgage company requires a survey in order for them to complete the application evaluation process and to ensure that there are no encroachments on the property that would affect their lien.

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2 Answers | Asked in Real Estate Law for Florida on
Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time,... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I closed on my house yesterday. Today I receive a call that the buyer is mad about a area of drywall in the garage.

It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 15, 2022

They could sue you - whether they prevail is another issue. But from these limited facts, it sounds like they didn't complete their due diligence prior to closing.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: My brother dad wants to buy a house for my brother but has a civil judgement against him. Can house be taken

He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2022

You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... Read more »

2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »

Michael A. Anidjar
Michael A. Anidjar
answered on Aug 14, 2022

It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.

I also do not understand what you mean by the $1,000...
Read more »

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1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Is a verbal commitment legal in the courts.

My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 14, 2022

Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »

1 Answer | Asked in Real Estate Law and Banking for Michigan on
Q: What does MCL 600.6023 (1)(H) mean in layman's terms?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 13, 2022

I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid...
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1 Answer | Asked in Personal Injury, Real Estate Law and Wrongful Death for California on
Q: i am a victum of home land terrism.the town of apple valley total county of san bernadino has sent me thru issues

can i get some help

Dale S. Gribow
Dale S. Gribow
answered on Aug 13, 2022

I am not sure what the issue is.

However, I would encourage you to write out a detailed summary of all the facts before you meet with a lawyer.

Since most lawyers would only handle a case like this on an hourly, it makes sense to cut down on the lawyer's time.

The...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: House showing when rental home for sale

I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may... Read more »

1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
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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 »

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