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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:

1. Bankruptcy proceedings:...
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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Anthony M. Avery
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answered on Apr 1, 2024

BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.

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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Paul  Burkett
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answered on Apr 1, 2024

This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to... View More

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1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

Without knowing any of the context, yes, an estate may receive real property. You'd naturally want to coordinate this with the Personal Representative. 10 years is an unusually long time for an estate to remain open.

While not legal advice, I hope that this helps.

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1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: What forms/documents I need to pay the neighbor downstairs for bathroom toilet leak?

Hello,

I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: HOA has expired but but being collected for without letting residents know that it has expired. Is there recourse?

I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this... View More

James L. Arrasmith
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answered on Mar 31, 2024

If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:

1. Request documentation: Ask the sender for official documentation proving that the HOA is...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: I am a Pro Se Defendant a Reply and Submit For Decision have been submitted to the court by the Plaintiff. Options?

I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:

1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Richard Sternberg
Richard Sternberg
answered on Mar 31, 2024

The answer with the least legal expense is to sell or gift your mother's half of the house to your wife. There will be transfer taxes, it may be a recognition event as to capital gains, and you will need to refinance. The alternative is to review the mortgage and find out if it has a due on... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

The situation you describe comes up quite frequently (where someone owns property with their mom and/or dad, gets married and wants to hold the property together with their spouse).

There are 3 different state and county-level transfer taxes that come into play with real property...
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1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Anything I should be doing after Plaintiff replied and Submitted for Decision after my Response Opposing Sum. Judgment.
James L. Arrasmith
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answered on Mar 30, 2024

After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: How can I invest in my daughter without getting an unreasonable tax burden with my federal taxes?

My daughter will create LLC in Panama to manage her Airbnb property. She has dual citizenship. USA and Panama. I plan to establish LLC to pay her a salary to manage her property until she gets a footing and is earning enough from the properties to be self suffient.

James L. Arrasmith
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answered on Mar 30, 2024

There are a few options to consider for investing in your daughter's Panama LLC while minimizing your federal tax burden:

1. Gift tax exclusion: You can gift up to $18,000 per year (as of 2024) to your daughter without triggering any gift tax. If you're married, you and your...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: What to do about non-responsive property owners when there is a hazardous condition on their property?

A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More

James L. Arrasmith
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answered on Mar 30, 2024

Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More

1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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