Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.
My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... View More 
answered on Jan 10, 2019
There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... View More
We recently purchased property with an approved septic design and found out after that the seller had not disclosed an existing artisan well to us or to the septic designer and that a third party has water rights to it, what recourse do we have?
answered on Jan 10, 2019
You may have rights to sue the seller for failure to disclose the well if required under the escrow agreement and if the water well was never properly recorded in town records making futile any due diligence efforts for you to discover it. The third party's easement should be reviewed as well... View More
Can HOA do this?
answered on Jan 3, 2019
What do you mean "was put in the right of way" and "removed her property"? Are you referring to personal property that was thrown out of the home after the tenant was evicted? Are you the home owner? If your tenant's belongings were thrown into the street by the sheriff and... View More
New Condominium owner is being forced to pay for a new roof on the condominium he is buying. The Appellate Court ruled the Condominium cannot charge the owner for repairs to the Condo roof without an amendment to the Condominium Declaration. That has not happened yet. Do I have any recourse... View More
answered on Dec 26, 2018
It depends on the terms of your HOA agreement, including the CCRs, as well as the facts surrounding the roof issue. You must first determine whether there is a breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
What can I do to get off lease without penalties?
answered on Dec 24, 2018
While you may be held liable for your duties under the lease, if you leave the home to protect yourself from actual domestic violence, and if your ex doesn't pay the lease in full and on time, your landlord might pursue both of you in court for breach of contract and any owed monies (or your... View More
Our property, where we reside, is part of a small subdivision that includes a shared private road (driveway) that provides access to the 6 parcels in the subdivision. Currently, only two of the parcels have a home so it is us and our neighbor who use the shared road. There is no road maintenance... View More
answered on Dec 24, 2018
It depends on the nature of your deed, any related agreements and easements recorded with the town clerk, and the specifics of the road and surrounding properties re: issues related to access. If the road is your sole and equal ingress/ egress access method for all the properties in the... View More
I moved out in 1995. We were divorced in 1999. The divorce decree states that we are each awarded one half of market value. I was recently informed that the house had burned down.
My name is listed as part owner on the house, and I have always notified the mortgage holder of any address... View More
answered on Dec 24, 2018
It sounds like you should consider contacting your husband, the insurance company, mortgage company, and police/ fire departments to learn more details about your rights and obligations re: this matter, advisably via legal counsel and as soon as possible. More details are necessary to provide a... View More
Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away. Ex wife name is still on the house. Is it hers or the new wifes?
answered on Sep 12, 2018
It likely depends on if/how ownership of the house was dealt with in the divorce.
The home was sold for about $30k above the amount of the first mortgage. $6k of that was applied to the second mortgage. I've been renting since then, trying desperately to repair the damage to my credit. I recently called a mortgage broker to see if I am in a position to become a homeowner... View More
answered on Sep 1, 2018
Many people in you situation in 2013 would have filed for bankruptcy so that the 2nd mortgage would have been completely removed / discharged. Then the creditor would not have any recourse to you personally for the deficiency.
The charge off only means that the creditor has... View More
I mentioned it to him a couple of years ago and said I wanted it moved though I was in no hurry. I want him to move it now. What do I do? I sent a certified letter requesting he move it within 60 days but he won't sign for the letter. I did not tell him I was sending the letter.
answered on May 1, 2018
The answer to this question likely hinges on whether your neighbor can claim ownership of the property the carport is on by adverse possession. To know how strong a claim your neighbor would have, we would need to know how long the carport has been there and under what circumstances (mainly, was it... View More
Seller provided a notarized statement regarding the entire property being farm use only. No documentation anywhere to be found prior to sale of property regarding any easements. Deed received after occupancy of home states there is indeed an easement. The date is also signed by the seller stating... View More
answered on Apr 17, 2018
Usually easements and other issues like that are discovered and disclosed as part of the title search and title insurance process. Did you get title insurance? If you did, and if the title insurance missed the easement for some reason, they may compensate you. Your insurance company may also try to... View More
My mom died 4years ago and her home was in her and her deceased husband's name. She had no will. She was remarried at the time of her death but the home was never in my step dads name. My stepdad recently passed away and has no kids so who does the house go to?
answered on Apr 16, 2018
Under Washington intestacy laws (which govern in the absence of a will), your surviving spouse inherits all of your community property and half of your separate property if you have surviving children.
Your situation is somewhat complicated. The first question is who inherited her previous... View More
My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More
answered on Mar 6, 2018
Did you recently pay off your mortgage or refinance? That is the document the bank files to release their lien on the property.
For our three separate rental buildings, we paid a lawyer to form three separate LLCs. However, those LLCs were never put on the property titles. He never advised us to do so, nor did he advise us to update contracts with our tenants with the new LLC information, so our tenants still write us... View More
answered on Mar 6, 2018
From the information provided, it does not seem like the LLCs are doing anything. Ideally, you would want the LLC to own the rental property, to be the landlord in the lease, and to be depositing the rent into the LLC account.
I owned a home for 16 years, after my divorce I had to refinance to get the ex off the loan. I had a mutual friend (boyfriend) that offered to co-sign on the loan. I had a Tenants in Common contract in place. And, we both signed a Deed of Trust and a Quit Claim Deed at closing. The... View More
answered on Mar 6, 2018
It would be very hard to answer this question without knowing more about what his basis is for claiming he owns 50%. Regardless of the strength of his claim, he can certainly try to assert he is entitled to 50%.
My mother passed June 1, 2015, I got served with court papers February 18, 2018 regarding real estate property which she did own but it got foreclosed-- the sherriff's office got involved.(date escapes me right now) Then she rented an apartment for two years but in an out of the hospital and... View More
answered on Mar 6, 2018
There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there... View More
How to keep property from probate?
answered on Jan 2, 2018
The best course to resolve these issues (i.e. transfer of real property and efficacy of lien) is to use the probate process. Depending on whether he was married at death, his spouse or an interested party may open probate by seeking appointment as the "Personal Representative" (executor)... View More
Do we have any rights to stay after they pass away? We currently live there.
answered on Sep 22, 2017
Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements... View More
Hello we were suppose to close on a home June 27th. Financing was/is not a problem we are the buyers. It just took a little longer then expected (2days more) we did ask for an extension in an addendum,no response The sellers did not complete there end of the 35r. The sellers agent, does not respond... View More
answered on Jun 29, 2017
Actually, from what you've said, it appears you breached the contract to purchase the home. The Sellers appear to have been ready, willing, and able to close the sale at the appointed time, while you failed to do your part. There was no requirement that the Sellers agree to an extension of... View More
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