Get free answers to your Real Estate Law legal questions from lawyers in your area.
Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More
answered on Jun 27, 2023
Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.
answered on Jun 21, 2023
Not sure of your question but an HOA can amend its by laws any way it wants, almost. That includes leaving out a former rule or clause. A challenger would need quorum shortfalls or a Constitutional issue to challenge any HOA change. Even then someone with standing and a justiciable issue... View More
answered on Jun 9, 2023
If there is sufficient equity in the property, then a Partition Action is probably available. The Court can order the disbursement and custody of the other's funds. You will have to have a lawyer, who can get paid primarily from the sale proceeds.
answered on Jun 8, 2023
I assume that you are trying to redeem a tax sale or an execution sale. Either way, you need an attorney to draft/send that demand letter, and to be prepared to file suit to enforce Redemption rights.
answered on Jun 5, 2023
Detainer Warrant should be filed and served, For Possession Only (no money). If they defend that they have been there a long time or own it, Ejectment will be necessary.
I’ve currently been staying at campsites I found land that’s 2500$ unrestricted I want to live in my tent on my (I’m buying)land but I have a judgment of 2985$ can they take my land what about an homestead exemption? I am on ssi my husband works for Uber and doordash and we have one... View More
answered on May 25, 2023
TN's Homestead Exemption has been upgraded and is now worth claiming. There are other Exemptions you will want to utilize also. However your SSI could be a problem. Hire a competent TN attorney to advise about asset protection before a Deed is executed for you.
I received a letter in the mail with due date and I’m wondering if they have a right to take my house if I can’t pay by the due date?
answered on May 24, 2023
Usually the HOA has the power to record a lien and then execute upon the property if you do not pay in full. It is a serious matter which you should have known prior to buying such a residence. Almost never is the debt against the owner, just the property.
My apt maint entered my apt due to the apt below me having a water leak. The apt did not give any notice prior to entering my apt and found that the my apt was not contributing to the leak. The lease states owner may enter at any time to prevent damage to property without written or verbal notice.... View More
answered on May 22, 2023
If they had reason to believe that the water leak was coming from your unit then their conduct would likely fall under the emergency exception to the notice requirement under the lease and the landlord tenant act.
I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More
answered on May 17, 2023
If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More
answered on May 11, 2023
You will have to file an action in Chancery to enjoin the termination of your mutual Easement. Hopefully an express Joint Easement is in both properties' Titles. If not, it will be expensive and difficult to prove the existence thereof.
I purchased a tax sale property in Jan. i did my due diligence before i even brought it. I was assigned the property On April 1. I found out they condemned the property in feb when I went to try to sell it out. I was defrauded out of my money and I want my money back plus more.
answered on May 8, 2023
Unfortunately tax sales sometimes purchase nothing. However it can also clear a title. Did you search the Title? There are probably some code complaints filed. You also have to get a Deed not just the bill of sale, and deal with the owners/heirs redemption rights. It is doubtful that any... View More
Spouse needs other spouse consent to refinance even though the other spouse is not on deed or mortgage. Is that correct?
answered on Apr 27, 2023
It is not a legal requirement. But any lender will want the Deed of Trust to be signed by both married parties because of occupancy and homestead rights which are encumbered by that instrument. If both do not sign, then the loan will probably not be made.
And structure measurements to be certain the county had the correct information .I only agreed because he claimed to be the tax assessor. I became suspicious and called the county assessor and was informed that he had not been here since 2021.i later discovered he was hired by my neighbor posing as... View More
answered on Apr 19, 2023
Those are crimes which need to be reported to the Sheriff. Be ready to give specific information.
Signing and the document got recorded is the quitclaim invalid document? Further would it have to be remedied and by what process
answered on Mar 31, 2023
Nothing you have state voids the conveyance. But you need a competent attorney to examine the entire Deed, and probably search the Title. After 20 years most errors are irrelevant. Even if Deed is void, it is at least color of Title and a Chancery Suit must be filed to remove it.
I have title insurance and not sure what to make of this
answered on Mar 27, 2023
Title Insurance rarely covers a bad legal description, but there are odd cases. If boundary goes through house, you have a serious problem. Suit on title covenants may be in order against grantor. Hire a competent attorney which handles real property litigation now to search both titles in... View More
and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?
answered on Mar 27, 2023
If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a
Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file.... View More
My mother has been living in a memory care facility in Washington county, OR since 2016 and my father lives in Manatee county, FL. He is running out of money and needs to sell it. The lot is in a neighborhood in Farragut, a suburb of Knoxville. What options does he have to either sell or get money... View More
answered on Mar 27, 2023
Has anyone offered Mother a QCD to sign? There may be potential State Liens, so a title search is needed. A Partition Sale might work where a Guardian is appointed for her, but again, Liens could attach to proceeds.
I am an out if state owner that the property managers evicted a tenant and did not follow through with maintenance of the property resulting in bursting of pipes and significant damage during cold weather. Management is aware we are out of state and also recently went through a detrimental... View More
answered on Mar 27, 2023
That is a suit by you against your own management co. General Sessions might be available. You will have the burden of proving Breach of Contract resulting in Damages.
Is this legal? How can property be used as collateral for a loan before he won the auction
answered on Mar 6, 2023
It may be a fraud on the "secured" lender. But it is not your concern if the lender is not actually secured.
answered on Mar 6, 2023
What is your question? You probably have no standing or interest in the matter.
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