2nd if the land is wanting to be bought by realtor can they give my brothers legal advise on how to get me out. Like taking me to court
You might buy out their (probable) one-third interests) and get a Deed from them. It could even be an owner financed mortgage. But ultimately the Brothers can file a Partition Action against you, which usually does not bring the best price. Realtors are not attorneys but agents on... Read more »
I am the remainderman of a life estate. I'm trying to recover the taxes that I paid for the life estate holder.
You will need to hire an attorney to see if there is a cause of action against the life tenant for contribution. But the taxes are against the land which both of you own. So either of you must pay the taxes or you lose the land. Probably the only way to recover your paid in taxes is a Petition... Read more »
My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »
You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.
Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... Read more »
A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.
A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »
You've successfully confused all the tax rules at one time. I'm a little impressed.
1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.
2. A house is a capital asset so if you own... Read more »
The search warrant had fun filled in blanks
Was it an arrest warrant or a search warrant? What does fun mean?
Unles a statement is being taken from you, then rights do not have to be read. Urban legend
I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself... Read more »
The first step you take is to hire a lawyer to advise you before you screw up this deal for good.
I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »
Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »
She has/had $0 income nor input into home.
Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up... Read more »
Hi, I live in West Virginia and recently purchased a house. However, after we moved in, we found that there is an active leak in the master bathroom that's very serious, the repair estimate is around $7000. The seller seems to be aware of this active leak but did not disclose this condition in... Read more »
Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in... Read more »
They have already sent in two adjusters and all I keep getting them to tell me is they havn't received papers from them yet . not only did my 31 ft. porch collapse but it done something to my foundation under my living room
A strong letter from a lawyer might help.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem... Read more »
Property, per our divorce decree, was not meant to be kept by either party. Ex husband had 2 years to sell it but has not and it is now 6 years later. This property is hurting my debt to income ratio and hurting my ability to obtain a house, new car, etc.
In the title to your question contains "Quitclaim deed". If you are trying to ask whether using a QCD to transfer your interest in the property to you ex-husband will affect your credit score, no. You owe on the mortgage note, whether or not you are on the title. That would not change.... Read more »
I was placed on the Deed 3 years after my parents got their mortgage. My Mother died. My father stopped making payments. The house is nearing courthouse sale. I was never placed on the mortgage and I don't think the bank was ever notified that I was placed on the Deed. How can the bank take... Read more »
If your parents transferred a half interest in the property to you, it was done subject to the bank's interest. By the way, the transfer may have been prohibited by a "due on sale" clause in the mortgage. In any event, simply because your parents transferred an interest in the... Read more »
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