If I took out a mortgage on a home and paid 70,000 on said home over a period of years and the property owner passed away and left rights to the property to the children, could they kick me out of the property after I’ve already paid 70,000 on the mortgage?
It is sounding like you are not the owner. If true, having paid someone else's Note, then yes, the actual owners who are Tenants In Common can sue you for possession. Put together proof of all payments, then hire a competent attorney there, like Herb Patrick, to request a Deed or defend...Read more »
I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »
Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and...Read more »
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 »
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.
There are number of secured financing alternatives. A direct option is to give the Lenders a Note secured by a Deed of Trust against the real property improved. If the Note is not repaid, the Lenders Foreclose. Decent lawyers can draft and record such instruments. This can also serve for some...Read more »
I inherited my father’s property in April and was given false information about the condition of the property as well as the deed. I signed the deed over to my uncle later finding out the information was false. Do I have a case?
It is doubtful you have a good case to set aside a Deed for Fraud. But you will need to hire an attorney to check out the facts, witnesses, etc. It may not be worth the trouble, but if you do nothing the property is gone . It appears that you relied on heresay and did not even examine the...Read more »
Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... Read more »
If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.
I told the agent I had to withdraw my offer for financial reasons and she’s been telling me the sellers complaint has been making a big stink about it and said they were advising their client to speak to an attorney. Now today my agent is telling me no worries, it’s all good and sends me the... Read more »
An attorney would need to review all of your documents to determine your rights and give advice on whether you should sign something. But if you made an offer using an agent in Tennessee, you very likely signed a Purchase and Sale Agreement on the standard TAR form when you made the offer. That...Read more »
I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »
You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly...Read more »
It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »
I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... Read more »
Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may...Read more »
Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the...Read more »
Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he... Read more »
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
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