Generally, easements indicate responsibility for maintaining the road. Arguably, tree trimming should be a part of maintaining the road an access. Check the easement language to see how maintenance responsibilities are handled.
Generally, a municipality does not have to name a lien holder of a property when seeking a judgement relating to delinquencies unless they are seeking a foreclosure based on a failure to pay real estate taxes.
The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not...Read more »
As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity, at any...Read more »
The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.
(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...Read more »
I'm pretty sure that cases this old are not freely available online. You can access them with a subscription. Alternatively, you can visit your County Courthouse which usually maintains a library. If in Madison, you can visit the State Law Library or the University of Wisconsin Law School. In the...Read more »
I want to serve the 28 day notice for June. How are the days counted? Do I have to serve on June 2nd to allow at least 28 days before the end of the rental period? If served on June 2nd, is it true that the 28th day (June 30) cannot fall on Sunday?
I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... Read more »
It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may...Read more »
We would give the one son $75,000. Say when we die the one that has the cabin wants to sell. He would be pocketing $150,000. We realized the other son only got $75,000. This is not right though. So would we write up that the one son that got the cash would get another $37,500? Which would then be... Read more »
It depends on what you are trying to accomplish. If I understand correctly you want to gift $75,000 in cash to one son today. Instead of cash, you plan to leave the other son your cabin at death. You could order an appraisal of the cabin now and figure out what it is worth. If it is worth exactly...Read more »
Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may:
The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may include the...Read more »
You should see if your father executed a Will before he died. If he had a Will, this document will state what was to happen to his assets and should name a Personal Representative in charge of the Estate. Your Father's house is now owned by his Estate, and unless his Will stated that his girlfriend...Read more »
I was originally going to move into summer housing July 8th, and the landlord sent me the lease to sign (didn't have a signature of the landlord). I filled out my part and sent the paper to the landlord. Afterwards, I could not contact the landlord whatsoever - Facebook, email, call, everything. I... Read more »
Based upon your facts the only reason you think you have an "incomplete lease" is because your copy does not have the landlord's signature on it; is that right? If so, the answer is tough darts. As long as you signed the lease you are liable under its terms. Look at the lease and find out what the...Read more »
As a general matter, if the information is material (and not some minor and inconsequential fact or detail), it could possibly result in dismissal of the action. How it is treated by the court could be determined by the mental state of the person providing the information, in that if it is done...Read more »
His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business... Read more »
Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states for the...Read more »
I made an offer on a foreclosed home in November of 2018. The bank counter offered, then I counter offered. The bank refused that offer and pulled the home off the market. I recently discovered that the home was sold in February 2019 for $20,000 less than my initial offer. I am quite upset by this... Read more »
Generally you would not have a claim against the bank unless you believe that the bank violated federal fair housing law by discriminating against you for a prohibited reason such as your age, race, religion or family status.
We just closed on a house on April 26th and the seller's bank 2 hours before closing told us we needed to pay an outstanding lien or they would walk. Our closing disclosure 3 days before never said anything about paying this additional 1874.75 fee. Can we go back to the bank to get our money back?
In a short sale the seller's bank has significant leverage. Essentially, they can dictate terms to release their lien and those terms may go beyond the agreement between the buyer and seller. Your question does not provide information on the type of lien the bank wanted satisfied or why they would...Read more »
The name listed at the top of the document is First, middle, last name. However, it was signed as First name, middle initial (only, not whole middle name) and last name. I also have a copy of his drivers license in his whole name, but with the signature the same as on POA: First, MI, Last name, to... Read more »
If a b1 visa holder is getting married to a US citizen and applying for further visa process will the citizen's credit sore and income be considered. He has his tax filed for 30K last year. I guess that is will meet the poverty guide line or will that impact the visa process
Typically the US citizen's credit score is not considered in terms of whether they are eligible to sponsor their spouse. What is considered is their income during the last tax year (with a W-2 or 1099 to prove it), their current employment and income which can be documented by a letter from an...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.