Real Estate Legal Questions

You are on title and, unless there is some writing to the contrary you are a deeded owner of the property. Under the facts as presented (how the deed reads is critical), either he buys you out or you buy him out. If there is a mortgage, unless there is some kind of release, you are still liable to the finance company for the mortgage equally with the former fiance.  You would be well advised to seek legal counsel on this.... Read More

It depends on where the issue actually was, whether the previous owner had knowledge of it, whether they should have had knowledge of it, and what disclosures were actually made. I would need more details to make an accurate assessment, but depending on the circumstances that apply, I litigated a very similar case some years ago.  Please feel free to contact me for further information. 203. 870. 6700.... Read More

It depends on how  you hold title. Does she have rights in survivorship? That is, a survivorship deed means that the death of one party causes the property to devolve to the living owner. Otherwise, you may own the property as tenants in common.  When two or more people own community property like a home, either as joint tenants or tenants in common, each individual owns a share (or interest) of the entire property.  However, if you are simply worried about her name, its a very easy issue cleared up with an identity affidavit (worst case scenario) More than likely, even that is unnecessary. I'm sure your wife has ample means of proving identity.... Read More

This is easily done.  All that is required is the execution of a deed from you either to him or to both of you as Joint Tenants With Right of Survivorship.  That ownership assures you both own the property, no one can take action on it without the other, and when one of you passes away, the survivor will own it by themselves. I trust this answers your questions and if you live 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 More

If your grandfather's estate is still open and the house has not yet been transferred from the estate to your parents, then the Executor needs to have your sister and her husband evicted, and then consult a real estate attorney for help getting the lien cleared off of the property title. If the lien is the result of a personal liability that either your sister or her husband had, it should not have been placed against a property that did not belong to them. However, they may have forged paperwork showing that they did own the property, or otherwise lied to the lienholder, and that means that the title to the property will need to be cleared. If the property had already been transferred to your parents from your grandfather's estate, then your parents will be the ones who need to take the next steps. But start by getting the sister and her husband evicted as soon as possible. Either way, consult a real estate attorney for help.  ... Read More

There's no reason to do that and there is some risk. You need to have a will anyways and adding them to the deed is unneccessary if you leave the house to them in your will. The risk is that if one or both of them have financial problems and get sued for debt, or they get sued for any other reason and a money judgment is entered against them, that's a lien on their portion of the house which will have to be paid upon sale or refinance of the property. The other risk is they would be free to convey their portion to whomever they choose. You may trust them completely, but you never know what might happen. Just because they reside there with you does not mean they have to be owners of the property.... Read More

While the Statute of Frauds requires that land sales be in writing, which potentially defeats your daughters effort at having her name on the deed, she should have a claim for fraud or a quasi contractual theory of unjust enrichment.  Such claims could result in repayment of the down money or at least a judgment in her favor for that amount. I trust this answers your question, but 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 More

Based on these facts, it is not clear if you have a cause of action or not. To prevail, you are going to prove that their disclosure was knowingly insufficient. Have you figured out what the exact issue is and the cost to correct? It might be cheaper to spend the money to fix it than hire a lawyer and, hopefully rescind the agreement. More information is needed to know the right course of action.... Read More

You must provide an accounting of the security deposit within 14 days of the tenant vacating the unit.  The written notice must specify the basis for the retention of the security deposit or any portion of it, including written evidence of the costs to remedy the damages caused by the tenant, including without limitation, invoices and receipts.  Any balance of the security deposit remaining after deducting the damages shall be returned to the former tenant within 14 days of the expiration of the rental agreement.   if you fail to perform this required notice, you may not retain any of the security deposit and the entire amount must be returned to the tenant.  The tenant has one year to sue for recovery of the security deposit.  ... Read More

If the co owner will not agree to sign the deed, the only other method of dividing a property is through partition.  However, that may result in sale of the house and payment to him of his share. I trust this answers your questions and, if you live in the Delaware Valley, do not hesitate 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 More

the fact you have a reverse mortgage does not prohibit you per se from buying another home.   the reverse mortgage is tied to your lifespan but you can buy another home- your issue will probably be related to qualifying for another mortgage.   the one thing you can do is rent out your current home and use the proceeds to rent a ranch- but do check your mortage to be sure renting is permitted (you might need permission to do so, but you do have a medical reason).... Read More

A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552).  ... Read More

Generally, the only method to sell real estate without a co owners consent is a Partition action.  That must be filed in the county where the property is located.  It is not a quick process, but should ultimately result in a sale and your release from further liability. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome 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 More

Please accept my condolences on the loss of your brother. As for your question, I am sorry, but I have no real idea what you are asking.   You would not normally execute a quit claim deed on behalf of a deceased person. The representative of the deceased person's estate would need to execute anything that deals with the deceased person's interest in the property. If it is you who would be executing a deed for some reason, and if the property that the deed relates to is located in Michigan, then the deed would need to comply with Michigan law and be recorded in Michigan, but you generally should be able to actually SIGN it in Georgia, if Georgia is where you live and where the deed is being sent to you. But please note: I strongly advise you to consult a Michigan attorney who works with real estate titles to determine the best way to handle any deeds that relate to Michigan real estate. Do not rely on information on the internet for that. Messing up the title to real estate can be an expensive mistake to fix.  ... Read More

Depending on the situation, you may or may not want to walk away. First, you need to know how much the property is worth. Check online for a rough estimate and, if it is $10,000 more than the value of the land contract, you might be better off selling the property and getting some money. Next, if you are an African American living in a primarily African American part of the state, there is a class action lawsuit against Vision Property Management (or its affiliates), you might have certain rights under the lawsuit to compensation. Lastly, the current seller might, to avoid the costs of foreclosure and eviction, offer you some cash to move out. I highly recomend you speak to a real estate lawyer before just walking away.... Read More

As long as it's a transaction for due consideration (fair price), and he is paying you the same amount that you are paying for the property, there shouldn't be any capital gain or gift tax issues. As far as how to proceed with the deed, it doesn't seem to me to make much difference whether you start with all three of your names on the deed and then transfer solely to your son, or have it just in your names to begin, and then transfer it outright to him. Both involve a similar deed transfer - preferably a warranty deed - to be recorded.... Read More

There are a lot of issues in your question. First, you need to know what the value of your home is.  I recommend you work with a licensed realtor to establish what the home could be sold for in today's market. Second, what are the terms of your land contract? Most provide, that, if you sell, either the new buyer has to be approved to take over the land contract or you have to pay off the land contract completely. Be aware that there are many unscrupulous land contract sellers out there that imposed, frankly, evil terms in their contracts with buyers. If you are a victim of such an agreement, you may need legal representation to extricate yourself from the situation.... Read More

Assumption: you got a land contract with someone else and have not been paid back and are owed $10,000. To keep the lawyers out of it, I reccomend you sit down with the co-buyer and ask them to buy you out or sell the house and pay you off or take a mortgage to pay you off. A lot depends on what the agreement was at the time- were you being paid back or were you partners in an investment? you have some leverage, you will want to negotiate with the co-buyer. You are owed money and can use your position to be sure you are paid back  ... Read More

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 More