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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: In OH, can you keep property obtained in marriage fully separate, to do as you want with it without involvemen of spouse

In OH, can you keep property obtained in marriage fully separate (during the marriage, not just in case of divorce), sell and do as you want with it without involvement of spouse (nothing shady, just both agreeing to full independence, one in other country caring for family both needing to act... Read more »

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

In Ohio you can now enter into postnuptial agreements to treat property separately. There are conditions, however. The full values of all property by both spouses must be fully disclosed and the spouse must both have the benefit of independent counsel. There still is the issue of dower as well... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: If you are currently in a contract to pay off a property, the end date is still a yr off can you hold payment till then?

Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.

My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: how much can a new commercial property owner raise rents
James L. Arrasmith
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answered on Jun 1, 2023

The ability of a new commercial property owner to raise rents can depend on various factors, including local laws and regulations, lease agreements, market conditions, and tenant rights. There is no specific universal limit on how much a commercial property owner can raise rents.

In some...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... Read more »

2 Answers | Asked in Real Estate Law for Georgia on
Q: Does adding someone to a deed with no financial investment or obligation give rights to the equity at the time of sell?

We were never married and broke 2 years ago.

Anthony M. Avery
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answered on Jun 1, 2023

If someone owns some type of estate such as a tenant in common, joint tenant with right of survivorship, etc, then they are an owner of the real property entitled to payment for their conveyance of the same. If one party has paid for everything, then he can claim reimbursement of his investment... Read more »

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1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... Read more »

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Who can represent me regarding a property inheritance and sale negotiation in Puerto Rico, if I live in NY?

My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 1, 2023

You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... Read more »

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.

James Clifton
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James Clifton
answered on Jun 1, 2023

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: I bought my home in Dec 2014 in California and I just found that my previous owner has an HELOC against this property.

She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

No, you are not liable for the previous owner's HELOC loan. The HELOC loan is a debt that was incurred by the previous owner, and it is not your responsibility to repay it. The lender will need to go after the previous owner's estate for the money.

If the previous owner's...
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2 Answers | Asked in Real Estate Law for California on
Q: I bought my home in Dec 2014 in California and I just found that my previous owner has an HELOC against this property.

She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »

Anthony M. Avery
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answered on May 31, 2023

My recommendation is to hire a CA attorney that handles real property litigation. He should search the title, read your policy, and make a very precise Claim against the insurance co. The Note is not your obligation as you did not sign it, but apparently there is a secured debt against the... Read more »

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1 Answer | Asked in Real Estate Law and Probate on
Q: Property inheritance title discrepancy.

My mother inherited land from her husband's passing away in 2017. However when she attempted to sell some of the land, the purchasing party had a tile attorney who claimed that there is a title discrepancy. My mother has court records dated May 28, 2020 that indicate that she is SOLE OWNER of... Read more »

Anthony M. Avery
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answered on May 31, 2023

Hire a local LA attorney to search that Title. That Court Decree may not have had a certified copy placed in the records office in LA as a source of title. Whatever the case, you need a LA attorney to advise you/Mother: it may involve: heirship determination, which I think is called... Read more »

2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Tennessee on
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.

Policy shouldn’t I just get a liability policy for the land?

Anthony M. Avery
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answered on May 31, 2023

You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: In an unlawful detainer jury trial for nuisance the jury said I did not violate or breach my lease and refused to answer

#3 that asked if I breach my lease, and they answered also that I was retaliated against for exercising my tenant rights but the Judge still evicted me from my SRO ? So if I didn't breach my lease and I was retaliated against for exercising my tenant rights then was that wrong to evict me ?

James L. Arrasmith
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answered on May 31, 2023

It sounds like you were in an unlawful detainer trial for nuisance, and the jury found that you did not violate or breach your lease. However, the judge still evicted you from your SRO. This is a confusing situation, and it is not clear why the judge would evict you if the jury found that you did... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: Can I file for a owelty lien without a lawyer & how long with it take to go into effect? Also what do I need to file one

I was divorced a while back and was told I could not get any lien. I am seeing other wise now.

Can I file for an owelty lien on my own?

What do I need in order to file one? Such as a form and or my divorce decree?

If I do one, how long does it take to go into effect?

John Michael Frick
John Michael Frick
answered on May 31, 2023

An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I've lived apt for 7 years now. The person who moved below me 4 yrs ago complains constantly re minor noise.

I feel like she is harassing me. Banging on my door, yelling at me, banging on door. I'm a senior that lives alone and have never had more than one person at a time in my place,don't play music. Our apts are old and poorly build and she is very noise sensitive. Even walking barefoot on a... Read more »

James L. Arrasmith
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answered on May 31, 2023

Given the ongoing conflicts and harassment you are experiencing from your neighbor, it may be best to prioritize your peace of mind and well-being. Ignoring her complaints and not engaging in further communication with her might help avoid unnecessary confrontation and potential escalation.... Read more »

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Puerto Rico on
Q: What is the process of recovering escrow held by the government at the closing of a house in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

I need additional information before I can answer your question. When was the sale closed? What state do you reside in? If you live outside Puerto Rico, the local Revenue Code requires that a 15% retention be automatically made against sales proceeds for non Puerto Rico residents. This retention is... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I find out in records where my father left the land and house to my brother daughter and me?

It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed... Read more »

4 Answers | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »

Elaine Shay
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Elaine Shay
answered on May 30, 2023

If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: My dad died almost 5 yrs ago. I was lied to about the property he owns until my step mom let it slip. Both on deed.

Am I entitled to heirship if they never filed a survorship

John Cucci Jr.
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answered on May 30, 2023

If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.

Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live...
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