Real Estate Legal Questions

If I understand your post correctly, you currently own a home subject to a mortgage, and you want to sell the property to a potential purchaser for more than you owe on it. Assuming all that is correct, I would strongly advise you to consult a real estate attorney for help with the sale and the transfer. In most cases, the purchaser of the property will want to receive ti under a Warranty Deed or Limited Warranty Deed, not a Quit Claim Deed, because the purchaser will be better protected under those kinds of deeds than under a quit claim deed. The purchaser will also want to make sure that the mortgage gets paid off properly and that the lender issues an appropriate release of their security interest. The purchaser may also want to get title insurance on the property. A real estate attorney can help with all of those issues. Please DON'T try to do anything yourself, however- mistakes in real estate transactions can be very expensive to fix and can make it impossible for someone to sell or borrow against the property in the future.  ... Read More

To give the short answer to your question: No, you can't sell the whole property as is- all you can sell is what you own, which it sounds like may be a fairly small interest. You do need to get the title cleared up, and then all of the current owners of the property will need to join in the sale to transfer the entire property. There's no possible way for anyone to be able to tell you in this kind of forum what that will cost or how long it will take, unfortunately.   The title search results will likely be helpful, along with the death certificates. If there was ever any administration of any estates connected with the property, that documentation would be helpful, and if you can get death certificates and lists of possible heirs for each currently deceased person who likely inherited an interest in the property, that will likely also help.    A real estate or probate attorney who works with Heirs Property may be able to help you and your family sort this out. You may also want to contact the Georgia Heirs Property Law Center- they are a group that works on exactly these kinds of issues. Here is their website: https://www.gaheirsproperty.org/   Best wishes to you. I hope you and your family are able to get this worked out without too much trouble and get a good result.  ... Read More

The economics will be decisive, I am not sure how easily the home can be moved and what that will cost. One thing is certain, if it can be cheaply moved, it is way cheaper than lawyers. as to who is liable: the new owner is first in line especially if the home was sold "as is (meaning he is on the hook for this not you)." If it wasn't depending on the warranties, title insurance may cover it as may some home insurance policies. If the new owner reaches out to you on this, splitting the cost of moving might be cheaper for both of you rather than go to court. The neighbor might sue to have the mobile home moved and the fill dirt removed. Why he sat his rights for so long might be an issue. The fill dirt might be deemed a trespass or nuisance but, since it has been there 10 years, any claim would require the neighbor to have just learned about it for those claims to stand much chance in court. Also the extent of the nuisance will depend on visibility of the dirt to the neighbor, the cost to remedy and its interference with his quiet enjoyment of the property (did the alledged nuisance interfere with how he lives in the property?).  Next, the placement of the home 8 feet from the line might trigger enforcement by the municipaility. If you can get the municipality to give a variance for the impropery location of the home, that would be one way to solve the code issue, or moving the home. You have some homework to do, get some estimates, check the sale paperwork  ... Read More

Real Estate taxes are based upon county assessments.  Those in turn are determined by an objective third party retained by the county for that purpose.  Many counties take years and even decades to update their assessments.  Accordingly, many are far too low and do not bear a rational relation to the actual fair market value.  For that reason, the state provides for a Common Level Ratio to reflect a value at least somewhat comparable to fair market when valuations are necessary to determine real estate transfer tax upon sale. It appears that Delco finally reassessed the values and the new tax would be commensurate with that value.  Each county has a procedure for objecting to the value assigned.  But, if the value is accurate, or even lower than fair market, you will have a difficult time objecting to the new tax.    I trust this answers your question, but 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

I'm asxsuming that you are not a tenant in common, but rather own the property with your spouse as a tenant in common, which means that a bank is unlikely to give you a loan secured only by your interest in the property.  Even so, the equity can be split if, for example, the other owner buys you out, but that depends on the other owner voluntarily doing so. ... Read More

If the tenant has no lease, you are best off terminating the tenant. Depending on the length of time that the tenant has been in occupancy, you will either have to serve a 30, 60 or 90 day notice of termination. Once the notice expires you can start a holover eviction action to remove the tenant and collect the rental arrears owed to you.... Read More

Hi Anonymous! If you were selling to the city, you might have a case but sadly the contract cannot be broken- if you breach, the buyers can sue you for specific performance and you will lose 100% of the time. But there is something you can do: offer some money to the buyers in exchange for their Release from the Agreement. accompany the letter with an explanation of your connection to the home. buyers often have second thoughts and might be releived to be let out of the agreement.  best of luck... Read More

A listing contract binds you to the realtor as long as the realtor provides you with a buyer.  Additionally, the Agreement of Sale binds you to the buyer, but the buyer may be limited to recovery of the deposit. Accordingly, both the buyer and realtor likely have claims against you, if you breach.  I hope this answers your questions but I am happy to discuss your options 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

You write that your wife is a 1/3 owner.  Is she a joint tenant, a tenant in common, or perhaps a 1/3 owner of an entity which owns the property?  The answer to your question could be different depending on how  your wife owned her 1/3.   I will assume, since it is most likely, that your wife's daughter and son in law owned their interest as tenants by the entirety and your wife was a tenant in common.  IF so, her son in law now owns 2/3 of the property and your wife 1/3 as tenants in common.  If so, her son in law can't sell the property without her consent (unless there as an agreement allowing the majority owner to do so or he forges your wife's signature).  However, if he wants to sell and she does not, he may be able to get a court to partition the property, either dividing it up (if feasible) or dividing the proceeds of sale.... Read More

I assume that you and your son's ex are tenants in common, not partners, and that you are using the term "partner" is the colloquial sense.  Your son's ex cannot simply sell real property that she owns as a tenant in common with another.  If one tenant in common wants to sell and  the other doesn't, and tthey can't work something out, all she can do is sue for partitiion.  In a partition action it is theoretically possible that a court could order the place sold and the proceeds split, but you haven't written anything in your question that makes that appear likely.... Read More

If you have enough evidence, you can force your daughter through a court order to sign title back to your name.  Emails, texts, etc might show intent of the transfer.  But, if the intent of the transfer to your daughter was to avoid creditors, the court might deem you to have "unlcean hands" and not allow you to take the property back.  It is an evidentiary issue.... Read More

You will have to have a process server  serve an appropriate 90 day notice of termination on your tenant. If the tenant doesn't vacate when the notice expires,  you eill then have to start a holdover eviction action against your tenant in Housing Court. While your tenant remains in occupancy you need to make all required repairs and continue to provide essential services. ... Read More

This is a boundary dispute. While you can move the shed, if you do it and the shed is damaged, you could be liable. Have them move it. If indeed the dog fence is on your property, the right answer for your situation is to send a polite letter. You had the boundary surveyed and the shed is on your property, please move it in a reasonable time. If too much time passes, send a second letter, less nice, saying they have x days to move it or you will file an action for trespass. If they still refuse to move it, then call a real estate lawyer. Regarding the dog fence, you can be nice or mean about it. The only question is to what extent it effects your enjoyment of the property. If it doesn't affect things at all, I always tell people be nice, you never know when you need a favor from a neighbor.  The nice way is to mention it in the letter above and say, we will lease you an easement for the dog fence on our property for $10 a year. If they agree, the fence is now leased and they cannot claim adverse possession. If you want to be mean, you can order them to move it.    Good luck!... Read More

You should let the tenant know the property is being sold and let them know the day of closing where their next rent payment goes. Depending on the duration of the lease, the buyer is required to honor the lease through its end date. However, if the lease is month to month, the buyer can, after closing, bring an action to evict or sign their own lease with the existing tenant. If you like the tenant, given the market, you might negotiate, as part of the sale, that the tenant be given a lease as a condiction of closing.  Best of luck to you.... Read More

In short, probably not.  You were not in privity of contract with the lawn service.  That being said, if the company performed work on your property, they are likely entitled to some compensation for services rendered.  Additional factors can change this analysis including things like an HOA etc.  For a definitive answer you will need to sit down with an attorney who practices in this area of law to perform an analysis of the circumstances.  Only then will you get an answer you can act on. Best of luck.    ... Read More

You need to adversely possess the property, but without exclusive and adverse possession for 17 years, you don't have any rights. You probably should try to buy it at a tax sale.  You will pay an auction price rather than just the taxes, but you can own it a year after you buy it that way.... Read More

You need to speak to a real estate attorney as soon as possible. The facts as stated do not give a clear enough picture of the state of title on the property. In Michigan, chain of title passes from the first valid recorded claim to the next link in that chain of title. Typically, Land Contracts are not reversable by the person granting the contract.  When you contact the lawyer, have a copy of the land contract and any title work you have with you. Best of luck.... Read More