Real Estate Legal Questions

Assumption is not common and may not even be available.  If the deed is in joint names as husband and wife, you are clearly the sole owner now that your husband passed away.  Since assumption requires that you essentially qualify as if you are obtaining a new mortgage, I suggest a refinance makes the most sense.  If you don’t have enough equity, perhaps a family member can act as co borrower. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

There are 2 types of ownership for real estate and, indeed, any property, equitable and legal.  Legal is evidenced by proof that cannot properly be challenged in court and is recognized by the law as against all others.  Equitable is demonstrated by the facts and circumstances and is evidence that you, as opposed to any other, have the clearest right to obtain legal ownership.  You currently have an equitable ownership interest in the property and have the right to live there. However, I strongly advise that you convert that to legal ownership ASAP so that you may be free to borrow against the property or sell it as well as survive any future challenges.  Once a person dies, the Orphans Court is the only legal method to transfer legal ownership.  You should probate the Will and then the Estate can deed the house to you.    I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Sellers may appoint someone as Power of Attorney for real estate transactions.  However, I have never seen a realtor appointed and the same might very well be a conflict of interest. Many closings can be conducted remotely so that you could sign everything beforehand.   I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

When money is borrowed for real estate secured by a mortgage, the borrower must conform to title requirements and comply with the terms of the loan documents.  If there was an error at closing, most loan and closing documents contain an acknowledgment by the borrower that technical errors must be corrected when they are discovered.  Without knowing more, it appears that the name on the deed was incorrect and the lender is properly requiring that the name be corrected.  The only way to assure this advice is accurate is to have a free initial consult and review documents.      I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Changed the topic area to Real Estate law. This is not a criminal defense issue.   BUT...give her written notice to leave in a week. Then, contact the police and ask that they assist in supervising her move out. If she won't agree to move after being given notice, you can go forward with eviction...but as to how to do that process, contact a real estate / civil attorney.... Read Answer

The facts here are not very clear. If there is a recorded deed with a right of survivorship with a named person, that is enforceable. There has to be some writing. If one party paid all expenses, they can, when the property is sold, to be compensated for proven expenses. You don't really want to go to court, it will eat up all the money, so some pay-off will probably have to be negotiated. good luck.... Read Answer

Managing real estate from far away can be tough.  I recommend that you hire an attorney to evict the tenant. Get someone local to Alpena. The MichBar.org website lets you search for attorneys by their location. If you want to keep the house, you might want to hire a property manager or hire a realtor and sell it, I am sure the house is worth much more than you paid for it.... Read Answer

Much depends on what exactly the land contract says. Most land contracts provide that, so long as you reinstate, the seller cannot evict.  The best way to head off the problem is pay the seller back sooner rather than later. Most land contracts ALSO say that the buyer is responsible for any costs for eviction so you will probably wind up paying for the costs of the eviction also. The courts today are generally against putting someone out who is paying. Finding out exactly what your rights are is important. If you like, email me your land contract to g b at borman dot net and I will review it for you.... Read Answer

I would recommend that those involved consult a real estate lawyer regarding this. Depending where this is and other access issues, this may be permissible but it might not. Depending on zoning and the way the homes are situated, it could go either way.   this is the best I can do with the facts as presented... Read Answer

Most attorneys charge $500.00 for a deed which includes the costs of recording the deed. I trust this answers your question and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

I am not an estate attorney so I don’t know if you can open up an estate.  But without an estate being opened, there is no ability to complete the purchase.  However, after the mortgage company forecloses and a sheriff sale occurs, you can offer to purchase from the buyer who may be the mortgage company.  The difficulty is that most mortgage companies will seek to sell at auction and wont entertain private offers, especially from the occupant.  The reason is that they must justify to regulators and stockholders that the sale was arms length and conducted on a purely objective basis. Having said that, you never know until you try.  In the interim, if you live in the Delaware Valley and have questions or simply wish to stay there as long as the law allows, feel free to call or email me on a free initial basis     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Sadly, the contract is binding. Your options are: find out the actual closing date on the house you are selling and get an extension from that buyer- you might have to pay a few hundred to get the extension you need to send notice to your buyer that you expect to close by a date certain and he is to release you if he can't perform by then, demand he put it in writing and demand prooof of funds from the new buyer you can also go to buyer number two, ask them to pay an additional $1000 for the property and offer a $1000 breakup fee to the current buyer for release from the current agreement. I hope this helps.    ... Read Answer

It sounds like the two siblings need to agree to something: either to split the rent as received or for the other sibling's rent receipts to be deducted from their share when the property is finally sold. Best to get an attorney and put it in writing. Otherwise, one should buy out the other.... Read Answer

Please accept my condolences on the loss of your father.   As for your question, if your mother has a court order or divorce decree that says the land was to have been transferred to her, but the land never was transferred to her, then she is effectively a creditor of your father's estate. You (or someone else) will likely need to get appointed as the Executor or Administrator of your father's estate, get the estate administration started, and, assuming that the land does not need to be liquidated in order to pay creditors that have higher-priority claims than your mother's claim (she would be an unsecured creditor with a lower priority than certain other creditors), eventually turn the property over to your mother in satisfaction of her creditor claim. The rest of the estate, if there is any, can then be distributed to the beneficiaries or heirs.   Get the help of an experienced probate attorney if you want to take on the estate administration. It's not a good do-it-yourself project. Best wishes to you and your family.  ... Read Answer

Nothing here is an opinion about your rights in WI. Assuming you are still the PR of the Estate in Michigan, you have the power to transfer Michigan property. With regards to the tax consequences, I am not a tax lawyer and suggest you speak with a tax professional but the basis of property is typically calculated at the time of transfer. In this case, depending on the deed, it might have transfered twice if the deaths caused two events of transfer. However, if the deeds had right of survivorship, only once. I also reccomend consulting with a probate lawyer in both states. These kinds of complications are perfect examples of the money and headaches people avoid when they do proper estate planning. Best lf luck to you.... Read Answer

All real estate sale agreements state that time is of the essence.  Accordingly, all deadlines must be strictly met, unless the parties agree to an amendment which is often accomplished through an addendum.  The seller has no obligation to move the closing date and failure to close is a default allowing the seller to sue for the deposit. I trust that answers your question, and if you are in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Generally, being named in a will doesn’t require that your name be removed from real estate.  To the contrary, it is usually the exact opposite as beneficiaries receive assets and are not deprived of them. If you inherited the house, there are only 2 ways to divest yourself of ownership, amicable deed and partition.  The former occurs when your sister agrees to remove you and the 2 of you execute a deed transferring ownership from the both of you to whomever the 2 of you want, which could be her, only.  The latter involves a lawsuit in which the court orders the sale of the property. I trust this answers your question, but if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer