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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: I was victim of a wrongful foreclosure in 2011. Is it true there is no stature of limitations to sue the Bank?

The Bank recognized their error in 2014 and requested a Dismissal? How can a judge after 3 years order a dismissal? What written Law stipulates I can still sue the Bank and get compensation for all the damages that I am still experiencing?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

What are your damages? Did you hire an attorney; if so you might have moved for attorney fees back then, but it's too late now.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want to create a joint tenancy on my home with my sister. What kind of lawyer do I need and what will it cost?
Ben Corcoran
Ben Corcoran answered on Apr 7, 2021

I notice that you are in Chicago; if the property is in NC, then this forum is the correct place, but if not, you will likely need to post it in the state where the property is located.

If the property is in NC, any lawyer can do this, but real estate attorneys have more experience in the...
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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: WAITING ON THE DIVORCE TO BE FINALIZED. SHE MOVED OUT OVER A YEAR AGO LEAVIING ME TO PAY THE MORTGAGE.

PAYING THE MORTGAGE ALONE HAS PUT ME IN A BIND FINANCIALLY. THE HOME WILL NOT SELL FOR THE AMOUNT NEEDED TO NOT OWE THE BANK MONEY. WHAT ARE MY OPTIONS?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Q: If property sold , and State was not noticed will buyer be liable for tax, tax was payed up when bought. Wanted private

I did not register wanted it as private property.can man own private property? Thanks

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 5, 2021

I'm not sure if I completely understand your question. Whether or not you record a deed or notify the property appraiser's office of your ownership does not make property "private" as in no one can trespass. If you mean you do not want anyone to know you own the property you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I are in Florida and we are separating. I am buying a home and she has reservations about signing the title.

The title company has stated that, because FL doesn't recognize marital separation, the spouse must sign the title at closing. I'm wondering if the following is a loophole around her being legally required to sign the title: 1. I'm using cash from an inheritance for the down payment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2021

You should at the very least consult with an attorney who practices family law. For example, it is not clear what you mean by your wife signing "the title". Is this actually some sort of a "separation", or are you getting a divorce (called a dissolution in Florida)?

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I live on in a subdivision, called Hearns Circle, in which make a circle drive, the new land owner, opened a restaurant

I ask them not to block my drive, and the next day there is a chain across my drive, I lived here 25 yrs.... As well I had a drive put in off the main highway can they legally block that part of the drive

Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

Hire a competent attorney to search both titles. There may be an express Easement of record, or you should have an Easement By Prescription. In the latter case, you will have to file suit to have the Easement declared in force.

2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

David Soble
David Soble answered on Apr 5, 2021

Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.

Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: My cousin is gifting me some land In Mississippi. The land is in her husband name and he’s no longer living.

The land is in the husbands estate and she lives in Louisiana. What needs to be done to get this transferred. She has two kids too.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

When land transfers and a deceased person is involved, my usual answer is to hire a probate/succession lawyer to consult and possibly hire-----you want to make sure the transfer is correctly done and thus the reason you should have legal counsel. Add in the additional factor of the land being out... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

David Soble
David Soble answered on Apr 5, 2021

You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: On March 31st my fiance passed away and her daughters are coming through the house throwing stuff away

Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?

Nina Whitehurst
Nina Whitehurst answered on Apr 4, 2021

I hate to be the bearer of bad news, but if your fiancé had no will, then you did not inherit anything. Your fiancé‘s children most likely are the sole heirs of everything she owned. That said, they most certainly do not have the right to barge in and start taking things until the court has... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be forced to sign a lease after I've been renting without one since the property has been sold. Florida

The property containing my unit and 7 others in 4 duplex buildings has been sold. The rent shot up but I guess that's to be expected, the thing is the new owners are demanding that we immediately sign a lease. I and many of the others tenants have been here a long time and no longer have a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 4, 2021

Yes.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Jointly own land with brother he passed do I become sole owner?

Dad passed no wife my brother and I jointly inherited his 5 acres he had no will when I was 19 and he was 16. I got married at 20 he got married as well he passed in car accident do I become sole owner?

Richard Sternberg
Richard Sternberg answered on Apr 4, 2021

The answer depends on the title on the land, but I doubt that you are using the term “jointly” correctly. If you were in title as joint tenants with right of survivorship (JTWROS), often called “joint tenants,” then you came into title alone (at least in Virginia) upon his demise. But, if... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts, Criminal Law and Real Estate Law for Texas on
Q: Should I include DHA in my lawsuit against a tenant who trashed my property?

They were supposed to perform inspections.

I’ve reported (on their website form) my tenant (to DHA) for using fraudulent info to obtain funds.

Tenant left a lot of trash behind that shows how she manipulated the system to pay her rent and child support including fictitious phone... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 2, 2021

I'm not sure why this is labeled Criminal Law but a lawsuit to recover money is always some flavor of civil law... consult an attorney with experience suing the government to find out about the immunity issues.

2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Apr 2, 2021

Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.

Best of luck.

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can an attorney in florida put a lien on my property in denver for attorney fees for a case in florida without notice?
Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 2, 2021

It depends on the type of lien and the laws in Colorado. If it was a judgment lien, then it can attach to all of your assets.

1 Answer | Asked in Real Estate Law for Alabama on
Q: what can i do if someone adds their name to my property deed.?

someone has added their name to property that I own. I have no idea who the person and since adding his name he has died.

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I acquire an abandoned property?

Taxes are delinquent $539.34.

All information on the owner goes back to the address of the abandoned property.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If you cannot track down the owner, then the county will eventually file foreclosure for unpaid real estate taxes. But that could take a long time for such a low amount - maybe years. Ask the county treasurer when that might happen. A person cannot acquire a property simply by paying its... Read more »

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