Lawyers, Answer Questions  & Get Points Log In
Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

Barry W. Kaufman
Barry W. Kaufman answered on Dec 27, 2021

The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: My mom died on June 17 I’m staying in her house. I have been paying the mortgage on time her husband was alive he passe

her husband was alive

he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom.... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 27, 2021

I am sorry for your loss, please accept my condolences. You have a few issues going on here and they will likely have to be addressed one at a time. You will want to get a copy of the property deed and have it reviewed based on how title to the property was held. If the property was homestead, then... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Do I need to get a quit claim deed in order to assume a loan?

My husband recently passed while we were on a COVID assistance mortgage plan. For the last couple of months I have been trying to get off of the plan but the mortgage company will not let me without assuming the mortgage. You see my husband was the only one on the mortgage but we are both listed... Read more »

Stephen M. Asbel
Stephen M. Asbel answered on Dec 27, 2021

Please accept my condolences for your loss. Perhaps an easier way to address this problem is to work around it. If you and your husband were both on the deed, that is a tenancy by the entireties which means that upon your husband's death, by the rule of survivorship, you became the sole... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

View More Answers

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Dec 26, 2021

That depends on how the deed is worded. If it lists you as a joint tenant with rights of survivorship then you are now the full owner and skip Probate, but you need to file an affidavit with the county clerk and show them the death certificate to get the house recorded in your name alone.... Read more »

View More Answers

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Sally Bergman
Sally Bergman answered on Dec 26, 2021

If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.

However, adding an individual's name to real property is typically a very bad idea and has adverse...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My father was buying his home in KY on a land lease contract. Can I take over his contract as his next of kin?

My dad died last week in Kentucky and was very close to paying off his land lease contract. I think he only has about $4,000 left to pay. I am his only child and next of kin. Can I pay off the contract and get ownership of the property?

Timothy Denison
Timothy Denison answered on Dec 26, 2021

Yes. You can.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Ohio on
Q: How long does HUD have to release a lien after paying off a partial claim?

I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 25, 2021

Ohio requires a satisfaction of mortgage to be filed 90dsys after payment

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

1 Answer | Asked in Real Estate Law for Florida on
Q: I co-own a house In Duval county with an EX from years ago. I was barely 18 when the house was closed on in 2007, and

mortgage lenders were handing out loans to anyone who asked for one. I moved to Michigan in 2009. *I am on the deed*. The house is listed in both of our names and therefore is affecting my credit and debt to income ratio. This person made many severely late payments (90 days+) and was delinquent... Read more »

Jane Kim
Jane Kim answered on Dec 25, 2021

It is important to know whether you are also on a deed. If yes, then you own the home. You can ask the co-owner to sell the property. In today's market, it will likely cover the mortgage, and you will have net proceeds to split. If s/he refuses, then you can force a sale but it will require... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I looking for an attorney knowledgeable in real estate law for a condo I am looking to purchase next month.

My offer will be contingent on a Workmans Comp settlement hearing on 1/18/22.

David Soble
David Soble answered on Dec 25, 2021

You are welcome to contact us at 888.789.1715. Until then, you can also visit www.ProvenResource.com for more information related to your purchase. Best of Luck,

Soble Law

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Real Estate Law for Florida on
Q: Have a notarized contract on a property that was given to me back in 2019

The contract states that I would pay all back due mortage which we did

House was not livable so we have for last 2 years been renovating the property , we have invested a large sum and mortage payments have been made directly to the mortage co

The contract also states that he would... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

It sounds like you are being treated as a tenant. You'll need to file suit called Declaratory Action to ascertain your rights under this "mortgage." Was your mortgage recorded? Do you know if there are any other liens filed against the property? Do you know if it was sold to a good... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a buyer sue a seller for train noise that was disclosed?

We just closed on the sale of our house a month ago. We just got an email from our agent. The buyer's agent says the buyer wants us to compensate them for new windows. They are complaining about train noise which was disclosed. They are also claiming dogs barking which we never had an issue... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 23, 2021

It sounds like you would win the case, just based on what you have written here. That doesn't mean they can't sue you. Review the sale contract to see if mediation is required before bringing suit, whether attorney fees are available to the prevailing party, or any other terms that... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I have a real estate lawyer for every state i want to buy a property in?

I live out of state from the properties I want to buy.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

Yes, you should consult with a real estate attorney in each state that you plan to purchase property in. You need to be aware of state and local law and contract requirements unique to each state. I recommend having a local real estate attorney assist you with your purchases.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

Try these people- https://www.clsmf.org

I am not sure if they handle your type of issue, but this is a legal aid clinic and maybe they can refer you to someone.

View More Answers

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: What means do I have for removing someone from a property deed? I'm the only one on the mortgage. Not married.
Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2021

You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.