Real Estate Legal Questions

Well that's a tough spot.  How about this alternative -- you get the buyer to agree to allow you to market the property.  If you get an offer that you want to accept, the existing buyer gets 48 hours to remove contingencies and close w/in a reasonable time.  If they fail to exercise this option, you get to void the deal and move forward wtih the new buyer. ... Read More

I'll say first and foremost that you must review your contract to accurately know what rights and remedies are available to you.  You can try to terminate the agreement.  You can try to identify a buyer default that gives you the right to terminate.  You can ask the buyer to terminate the contract voluntairly.  You'd probably have to reimburse them their costs.  If you have a realtor, you may owe them their fee due on the sale b/c they did what they were required -- produced a ready and willing buyer.  I'd sugges that you have an attorney review the contract and details of the situation before you do anything. ... Read More

Attorneys are not going to answer your question in a forum like this.  You need to contact an attorney directly for that type of information. The fee would depend on yours and your brother's locations, the value of the property, and how much equity your mother had in it. Since it is impossible to tell whether this will take a long time to resolve or whether your brother will be reasonable and agree to sell the property privately once he realizes how much equity is going to be eaten up by the litigation, most attorneys would start off with a fairly modest retainer fee and then work on an hourly basis after that. You need to look for an attorney who is both experienced in real estate (like me) and also litigation (like me).  Many real estate attorneys only handle transactions, and are uncomfortable in a courtroom (unlike me).  Good luck. ... Read More

There's a legal and practical answer to this question.  Legally you might be able to claim adverse possession or some other easement due to how long the shed has been located where it is.  The practical problem is that for you to enforce that, you'd have to file a lawsuit against the neighbor and bear the costs of the suit.  The outcome will always be uncertain.  Plus you have an angry neighbor.  What is the least cost alternative?  File suit or move the shed?... Read More

You should be mindful of the deadline to file an appeal.  I always ask this question of folks in your situation -- what do you hope to gain from the eviction?  Buying time to find a new place to live?  If you're hoping to overturn the eviction and whatever else lead to the eviction you should know that your chances are typically slim.  Do you spend a ton of money in legal fees to pursue a slim chance of success?  Sometimes your money is better saved and applied to a new living situation.  You might also consider filing bankrutpcy to delay the actual eviction.  ... Read More

Someone can purchase it at the sale for the amount of taxes owed.  If that occurs, you will no longer own the building.  You may still be responsible for the unpaid loan/mortgage on the building.  That contractual obligation does not go away if someone purchases the building at a tax sale.  ... Read More

Was the prior loan paid off?  Or supposed to have been marked satisfied?  You'll need to provide more details.  Sometimes a loan is paid off and the mortgage isn't marked as satisfied on the record.  If that's the case, you can petition the court to have the mortgage marked satisfied.  There's a remedy for the situation but it'll likely involved some time and expense. ... Read More

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 More

You do this by preparing a new deed transferring a partial interest in the property to this person. However, you should understand the consequences of the transfer.  Among them are 1) this person will own an interest and you will lose sole control of the disposition of the property; 2) the person will be entitled to proceeds from the sale of the property consistent with the ownership interest transferred, regardless of his/her contribution to the property; 3) a judgment entered against that person will be a lien on the property.  I would recommend that you consult with an attorney before you change the deed to your home. ... Read More

That's a tough problem.  You may need to petition to open an estate for the deceased co-tenant.  If you plan to seek reimbursement for the costs you've paid over the years, you should not serve as the personal rep of the estate.  Once the estate is open, the property can be sold and you can fight with the estate over the co-tenant's one-half share of the sale proceeds.... Read More

Its a good idea to do the sale correctly.  If your son needs a mortgage, the bank will require a signed purchase agreement, title search and all of the usual things.  If you and your son consent, we could do all of the work and thereby reduce the number of persons involved in the transfer.  Feel free to contact us at your convenience. ... Read More