Utah Real Estate Legal Questions

Your mother needs to set an appointment to come in and discuss her situation and how to proceed. There are legal avenues available, such as an action to quiet title that might be more appropriate based on your facts. Your question is familiar, I beleive that I answered this on another site. Your mother's situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 Don't wait any longer, give a call and let's getting working to protect your mother's interests. 

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

The bottom-line question here isi whether the seller knew of the outstanding bill. Based on what you say, and if everything is in line and can be proved, the seller would most likely be responsible for the debt. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests. 

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Has your mother's estate ever been probated? Was there a Will giving the house to anyone? From what you say, you may need to open a probate to handle your mother's estate, including the house.  Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear about your situation. I may be able to help you.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do charge $50 for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment.David R. Hartwig801-486-1715... Read Answer

You certainly do have a number of issues. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do charge $50 for that initial consultation.Call, and set an appointment and let's get moving on resolving your problems. David R. Hartwig 801-486-1715... Read Answer

To fully protect your interests you will need the approved offer and acceptance documentation, work with a title company to handle the transfer and prepare the appropriate title review documents, and then have a "closing". Depending on the actual facts, this might get complicated, and as you are dealing with a business, which may know a lot more about real estate deals than you, you should have probably have an attorney assist you to review the documents.... Read Answer

I'd have to review all of the documents associated with the initial offerings, communications during negotiations, offers, acceptances, and closing documents between you, the sellers, the seller agents, and any other person or entity involved in the negotiations and sale. If you are interested, these are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

You are liable under the lease to pay rent. The fact that the house may be in foreclosure does not change that fact. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

Okay, this is a complex issue, and I have a number of questions. Was the trust joined in the divorce action? Who is the trustee? Without reading the stipulation and the trust I cannot answer your questions. I see no reason to require the ex to "join" the trust, nor am I aware of proceedures to "join" a trust. Your mother needs to get with a new attorney, as hers has quit, to learn exactly what is going on and how to accomplish the goals set out in the stipulation. I may be able to help, should she be interested. David R. Hartwig 801-486-1715... Read Answer

You say that the requirement is not in the current rental agreement. If so, then it may not be enforceable. But, what kind of agreement do you have? What is the term? Six months? Month-to-month? What? And, when was it last renewed? The answer to those questions could have extreme bearing on the case and your situation. You need to take your current lease, and the notice, to be reviewed by an attorney. I could assist you, if you want.... Read Answer

That all depends on what kind of lease or rental agreement you have with the landlord. I would need to review the lease agreement, but the notice the landlord gave may not be appropriate. In the meantime, you may want to look for a new place to live, and we will figure out if there is anything we can do as, or after, you move. I may be able to assist you, if you so desire... Read Answer

You are asking a complex question in that any easements on the property should have been recorded and identified at the time of the sale of the property, that is when you obtained it. As to what the builder is saying or doing, digging into the deeds and title, including listings of easments need to be reviewed, as would the contract with the builder. Overall, a detailed review of your documentation is required before any real opinion can be espressed. I may be able to assist you, if you want. David R. Hartwig 801-486-1717 hartwig-law.com... Read Answer

To begin with, the lease or rental agreement needs to be reviewed, as it will control. Generally the extra charges you mentioned are not part of such agreements. You might have some claims and defenses if the landlord did not comply with statute and provide you with the appropriate itemizations and notices. The best thing to do is get together with an experienced attorney and go over all of the facts and details. I may be able to assist you, if you wish. David R. Hartwig 801-486-1715 hartwig-law.com... Read Answer

The simple answer to your question is no. From what I read, the boyfriend owns the house, therefore he controls who can be on the property. You do not mention any rental or lease agreements, and without such, he can basically kick you out of the house immediately. However, in light of your financial involvement, and property issues, I strongly suggest that you hire an experienced family law attorney to assist you in asserting your property and financial rights, and that you do so quickly so that you do not suffer any loss. Now is not the time to look for ideas or help on the internet; now is the time to take appropriate legal action to preserve your financial and property rights. I may be able to assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

Your husband needs to have the divorce decree reviewed by experienced family law counsel, for the decree should state how he is to be removed from the mortgage. Signing a quit-claim deed only transfers title and does not clear him from the mortgage.   Get your husband to an experienced family law attorney. I have handle such matters.... Read Answer

When you say “ex”, have you been divorced? If so, was the divorce before or after the house purchase? These are just the beginning two questions that need to be answered before any ideas, or plans, can be made. You need to consult with an experienced family law attorney, to review your legal standing (what is, or is not in the divorce), and your actual fact situation. Then solutions might be found, and plans made. Spend your time finding an experienced family law attorney you feel comfortable working with. I have handled cases similar to what you describe, and I am accepting new clients.... Read Answer

Okay, you are in potentially deep trouble, for if they HOA obtained a default against you, that means they filed a lawsuit and you never responded. You need to move now! Don't wait, and don't delay! Get together with an experienced attorney and move forward proacdtively. Otherwise the HOA will get a judgment against you, and be able to forclose against your house!!! I have handled similar actions. So... Really... Do NOT delay. Get yourself a good attorney today!!!... Read Answer

First of all, it is your wife who seems to do something about this issue, as the decree of divorce may have some bearing on all of this. It is possible that she was ordered to pay on the house, though why I can only guess. The Decree should address how that property is divided, and how to handle the situation. Your wife really needs to get with an experienced family law attorney to review the Divorce Decree, and the fact situation. Then your wife could obtain reliable assistance and advice. I have handled cases such as this, should you be interested.... Read Answer