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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Q: § 17-517. Office. What constitutes an "office" for the purposes of this statute?
Mark Oakley
Mark Oakley answered on Jan 21, 2022

When citing to a title and section number of the Maryland Code, you need to specify which named Article you are referring to. There may be multiple §17-517s throughout the Maryland Code. Because you identified real estate as a practice area, perhaps you are referring to Business Occupations and... Read more »

3 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.

Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2022

I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the... Read more »

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1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have 3 sisters if my mother passes her house was left to the 3 of us but my one sister signed her half over to me.

Does this mean that I have more say over what we do with the house then my other sister

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2022

No you are still a Tenant In Common with the other owners.

2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jan 20, 2022

While everyone could benefit from consulting with an attorney - and this website doesn't count! - you REALLY need to talk to one. Your idea is not at all unusual, but I see issues with: 1) property taxes (you don't want to screw up your homestead exemption for your primary residence); 2)... Read more »

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2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »

Jaime Victor Papa
Jaime Victor Papa answered on Jan 24, 2022

Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Im a partial owner (with a parent) of a property and would like to become a sole owner. Is it taxfree
Elaine Shay
Elaine Shay answered on Jan 20, 2022

If your parent intends to make a gift of his or her interest in the property, depending on the value of the gift it may be subject to gift tax. However, New York does not impose a transfer tax on gifts of real property that are made without the payment of consideration.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a lawyer withdraw from a real estate sale and still charge for the part he has done?

In the State if Maine?

Jane Kim
Jane Kim answered on Jan 20, 2022

I am not licensed in the state of Maine, not sure why you posted this question under Florida, but I would assume it is the same in all states, a lawyer may charge for the work actually performed. Why not? There is no compulsion to perform free labor unless it is through a pro bono clinic or some... Read more »

1 Answer | Asked in Real Estate Law and Probate on
Q: My friend's Dad died and she owns 1/3 of the property and her dad had a 3rd. They can not get the other person to sell

The property is in MO

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Had uncle who died. My father and my uncle are heirs. Land loan is on the property that is currently being paid.

Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 20, 2022

The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Once the cancelation documents are signed, how much time does the Real Estate Agent have to file for arbitration?

I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

I think you mean that the seller refused to sign and accept your cancellation of the contract.

Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: How can I find law help on a no will, small estate and sibling trying to be the administrator?
Elaine Shay
Elaine Shay answered on Jan 20, 2022

What type of help are you looking for? There are many attorneys in NY that would be happy to consult with and/or be retained to assist with Estate matters. In addition, there is information posted on the Surrogate's Court website as well as a Help Center at the Courthouse that provides basic... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Is there a way to claim a house from a trust and then transfer the deed of a house without it showing up on taxes?

A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... Read more »

Julie King
Julie King answered on Jan 19, 2022

No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How can I purchase property in TN from deceased?

After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 19, 2022

I agree with you that as a new couple, you need a financial plan to be put together with the assistance of a financial planner. I also recommend a pre-nuptial agreement aka "prenup" to address your commingling and financial planning concerns. Prenups are typically handled by family law... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello we want to buy a property but he had a gap in middle for 2 or 3 months in his job

My husband worked as an IT lead from 2016 to 2020 june and started again in nov 2020 to may2021 and got another job in july2021 and still working there can we buy a property now or we have to show two years job

Leonard R. Boyer
Leonard R. Boyer answered on Jan 19, 2022

This is not a legal question, you have to contact various lenders. Good luck.

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