Real Estate Legal Questions

The realtor could not be more wrong. HOAs can and do foreclose on properties all the time. If they do, you can expect to pay ALL the attorney fees AND any amounts due (including penalties, late fees and all related costs). Voluntary? Not really. If you are lucky, all the HOA will do is put a lien on the property that gets paid when the property is sold. If they decide to foreclose, they can and will take the property.  ... Read Answer

Yes you need to take the title report seriously.  Each item listed in Schedule B is a item that effects your property.  If someone has mining and oil rights , yes they can mine however they would have to cooperate with you.  The devil is in the details and you should have someone read the mining deed.    David... Read Answer

When you gb signed on the purchase agreement and the property was deeded to her and you, she became half owner.   the only way to remove her is by getting her to quit claim her interest to you, she will probably want something for that. you can force the property to be sold to split any proceeds  keep an accounting of what is spent on the home, payments, taxes, repairs etc. when  the property is sold, half of all you spent can be deducted from her share at sale.   that is the extent of what you can do here... Read Answer

It would take a reading of the deeds and what the divorce decree says to know what will happen here: If you did quit claim the home to him, you had given up your interest to him. Depending on the language of the Warranty Deed, your ex may have done something improper or not.  This is all I can say based on what I know here.... Read Answer

Great question. The language on the deed is controlling BUT depending on what the PA says, and when it was signed, you might still have a breach of contract issue. What is certain is 15 years after the purchase, by virtue of adverse possession, they would have no claim. A court might see a claim in equity but courts would have to see a great wrong against the other side. You paid them for the property, it was their job to make sure the deed was right. What is certain is that: if you do something that is not permitted in the PA, the seller will either react or let it go. So: be careful.... Read Answer

Is the property you and his homestead? Is it your primary residence or is it a rental?  If it is your homestead, have you filed for homestead tax exemption (it is just an indicator that it is your homestead, not mandatory)?   If the property is your boyfirend's homestead, and depending on the type of judgment, the attorney may be precluded from foreclosing.  ... Read Answer

Merely because the owner died does not give the eventual successors to owner's interest to change the terms of the agreement.  First, unless and until the family members opened a probate and someone is appointed as a personal representative, no family member had the legal authority to act on anything.  Second, no attorney answering questions on these types of internet sites can provide the kind of specific advice you need, as it will require a review of the actual terms and conditions of the entire contract, the deed, and any probate court papers to advise on the potential rights and remedies of both sides.  One suspects, without knowing, the contract said you had to make the monthy payments regardless of death of owner, and as a practical matter, you should have held aside the monthly payments as your obligations under the agreement were equally still in effect and the day of reckoning was sure to come.  All this said, it is entirely possible that a negotiated settlement could result in a workout where it is more affordable for you to catch up.  Consultation with counsel well versed in probate and real estate as soon as possible is going to be to your best benefit as once a default notice is issued, penalties, higher interest rates, and attorneys fees may well be added to the balance due. ... Read Answer

It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate. Without that there is no point. The right place to start is a PPO against the person. They need to stay off your property. If they own a home, you can sue and claim a lien against their property. If you property is still standing, keep it insured. Good luck... Read Answer

You can sue them both for access- the test is reasonableness and neither is being reasonable. The cost of litigating the case for the neighbors would be high. Send them both a letter demanding they give you reasonable clearance or you will be forced to take them to court. Asking them to move their docks 5' is not asking much.... Read Answer

IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid. If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.... Read Answer

Assuming both parties signed, this opinion is based solely on the facts as presented and reliance on this is at your own risk: 1. it appears there is a binding contract 2. the inspection WAS not a contingency of the EMD. 3. I would have to see the agreement but as I read what you posted, the acceptance of another non-contingent offer from another buyer might trigger returning the EMB from Buyer 1. You probably can read the Agreement as meaning you can hold the money until you have another offer on the property. 4. IF the house does not sell or you get no other offers, so long as you in actual good faith do nothing to prevent the sale to any other buyer, at some point, when it is clear the house is not selling, the EMD can probably be deemed forfeited.   Again this is based solely on what has been presented and is not my formal legal opinion and no attorney client relationship is created by this answer. You are encouraged to hire legal counsel on this.... Read Answer

Assuming your wife is able to knowingly sign the deeds it is no problem. Both of you would have to sign both deeds (assuming both properties are deeded to you both as Husband and Wife. If you have copies of your deeds that makes it go smoother. If you are located in the Detroit Area, I can handle this, please call me at 248 353 5555... Read Answer

It is likely that you have obtained an easement in this use.  We would need additional information to really understand the nuances of the case, but it does seem likely from this brief description that you could prevail. The one challenge a case like this generates that you should know upfront is that the cost of this type of case can be daunting.  It is wise to have that conversation at the outset of the case to determine the cost benefit analysis.... Read Answer

A realtor is not required to transfer ownership of property, nor could a realtor handle such a matter.  The document evidencing ownership is a deed which is a legal document.  Accordingly, it must be prepared by an attorney, unless the client chooses to do so on their own.  That is not recommended. You may deed your property to any family member which will be exempt from transfer taxes.  I trust this answers your questions but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Using forged documents in a real estate transaction could constitute statutory fraud.  Forgery is a crime.  While title companies are pretty good, recent deed fraud cases in Texas show that they are not perfect.  An individual with sufficient knowledge can skirt the usual processes for identifying potentially fraudulent or forged documents in a real estate transaction.  While it is likely that the homeowners will ultimately be able to successfully defeat any attempted sale without their consent, early intervention will likely cost less and result in less time consumed.  The first step is to let the prospective buyer, any real estate agent, and any title company know about the forged marriage documents and that your ex is trying to sell the home without the permission of the homeowners.... Read Answer