How can the one that walks get their name removed from the loan? And would they be free from the loan? If the name stays on the loan but they move out and the other person continues to pay what penalties would be incurred to the one not paying? A note this is not a married couple.
If the lender is not paid, it could seek to foreclose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
He doesn't need to accept a post-dated check. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a...Read more »
At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »
If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all...Read more »
I’d have to research the specifics, but, generally, the heir can continue to pay the current loan with no further documentation, and the mortgagee remains secured by the property. You could probably prepare an endorsement of the note or enter a new loan on the same terms.
There is no legal requirement for a length of home ownership. Different Lenders have various time in place requirements, but sometime 2nd priority Deeds of Trust are given at closing, that is with no history of ownership. Ask your prospective Lender its rules.
The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do
Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)
I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »
I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering...Read more »
The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.
Realtor said my siblings and I are considered having ownership in the home so all must sign to sell the house. Is this correct? If so, does that mean we also have to pay tax on the sale? We are not receiving the proceeds, only my Dad.
You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you...Read more »
No, not specifically. If this is a normal purchase of a residential property (e.g., not a foreclosure sale), then the seller must "disclose any latent defects of which the [seller] has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual...Read more »
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »
The co-owner is not a spouse if the co-owners are not married. Each co-owner can invite whomever they choose as a guest -- or even as a tenant. Without a written and signed joint-ownership agreement for the house, resolving disputes between co-owners can be difficult. If a dispute cannot be...Read more »
It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »
A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »
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