Articles on Real Estate
I Don’t Have a Contract or the Proper Paper Work for the Property I Bought, Can the Prior Owner Withhold the Deed?
If I have receipts for land that say “paid in full” can court order seller to turn over deeds to buyer? Originally my husband and I entered in to verbal agreement to purchase 10 lots from this individual, we have paid for 5 lots in full and paid last years taxes on all 10 lots have receipt stating so signed by the seller. There is no written contract stating a specific date by which all ten lots had to be paid for. Wouldn’t these events look suspicious enough to any judge and the out come be in my favor if in fact I have to go through legal system to obtain deeds for property I have paid for & be allowed to purchase the remaining lots?
The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration?
My parent left a house to his 4 children - one wants to buy- can he give us the cash or have to go through the “process of buying a house”? We are in S.C.
I live in a small (15 home) community outside Charlotte, NC. The community developer controlled the HOA initially, though within the past couple years, several new homes have been built and sold, and the new homeowners were told via realtors and at closing that there was no HOA and no fees due. The rest of the community has been living under the CC&R documents and paying lake access fees. Do we have an actionable HOA or not? If not, what do we need to do? Do the original CC&Rs stand?
I have been speculating in land for a couple of years now and own Warranty Deeds to 4 lots of various acreages in both New Mexico and AZ, all from seemingly reputable Sellers. What I wanted to find out is how if possible, can I try and obtain title or insurance on these properties. It also seems there is much controversy about the real worth of these parcels especially now since we are all in a RE downturn market.
I entered into a partnership agreement with one individual to purchase rental property. Over two years ago we purchased a duplex in Michigan and paid cash. Now I want out of the deal. My partner verbally agreed to get a Mortgage or buy me out when when purchased the property. Now he refuses to do so. What do I do now, what City department do I approach to settle this issue. I need to divide the duplex (side by side) property and get a mortgage so that I can get my money back as I now am cash broke.
My house was sold and I feel it was wrong. I have my receipts for all my payments I had been given a sale date for May which they said it was cancelled . I called this morning to make sure my payments were posted (sent via western union) it was then that I found out my house was sold . I have not stopped sending payments Do I have any rights?
I bought a house 2 years ago, first time buying a house. And in the inspection of the house it stated that the roof on the house was 2 years old, which I found out I need a complete new roof after getting an estimate on the roof it has 4 layers of shingles which is a fire hazard, also the basement leaks, and backs up, the wiring in the house is faulty, I have carpenter ants. Basically I got stuck with a lemon. Is there anything that I can do.
During our purchase of a home, we asked the buyers to pay to have a radon system installed. They agreed and had somebody come out and give an estimate. The sellers signed the contract and then subtracted the estimate from their earnings and put it aside for us to use when we decided to have it installed. After running around our house for an hour, they gave us a choice, we could run it on the outside of the house, or we could run it through the inside of the house, hidden from view. Obviously, we chose to have it hidden from view. Then finished their work and left. The next day, the owners called and said that we owe them 500 bucks because THEIR installers did not follow what was written for them to do on the contract. They said WE are responsible for not making sure that the installers were following what was contracted. Who is at fault here? Them or us?
I have signed a contract and paid a deposit to buy a new condo, which is finished, from the builder. The sales person gave discount on the price and everything is written in the contact. Now one of the sales person calls and tell me that the builders have not accepted the price, and they will give back the deposit money. What can i do?
Is there any way to save a home once the mortgage company has sent a letter stating that the house has been foreclosed and sold and you have 10 days to vacate?
Help! The bank has said that they are going to foreclose on my house! What can I do to stop foreclosure proceedings from my bank? I really want to avoid foreclosure if at all possible. What can I do to prevent foreclosure on my house?
When our home was built in 1989, there was suppose to be a drainage ditch installed behind our property on the boundary line. . The City started the ditch but never finished the plans. We have contacted the property owner about putting in a drainage system and he has said that the water does not come close to his house so he will not do anything about it. The city has said they will put in a system if he gives them an easement but he has refused. Do we need to pursue the City to solve the problem or do we have to go after the property owner behind us? What type of lawyer handles these types of issues?
My neighbor wants an easement on my property for his proposed sewer line. We will be selling our property within the next nine months. Are there any legal, physical or real estate sales issues if we grant the easement? What is the value of this easement?
My partner and I recently purchased a home 6 months ago. The verbal agreement was that once they started their job or their deceased mothers property sold they would repay me half the money. They now wish to sell the property after 6 months and have left the state. They state that they will not repay me the money and that they will force me to partition the home and force me to hire a realtor to do so. Can they force me to sell using a realtor and what do I do about the money they said they would pay and now refuse.
I bought a house with my ex-girlfriend three years ago and she has not resided in the house for two and a half years. I am engaged to get married to someone else and I want to buy her out, but she refuses the buy out or to take her name off the deed. She has only made a few payments towards the mortgage within the last three years and has no interest in the property. What can I do to get her name off the house without selling it?
Can my parents change their real estate deed to “joint ownership with rights of survivorship” with them, my sister and myself as joint owners even if my parents still have a mortgage on that property? What happens with the mortgage if they pass away together (like an auto crash), can it be “assumed” by my sister and I or will we have to pay off the mortgage in order to keep the property for future generations?
Have any laws been broken when a condo association board member is also a realtor representing sellers in that complex, and having those units that are for sale (specifically those units represented by this person) reshingled etc. before other units in the complex which were ahead on the list?
The neighbors across the street who are personally known to both myself and my husband and who were, at one time, friends have put me in a position, that I am considering a slander/malice lawsuit. A potential buyer was doing a walk about around the property when they were approached by the said neighbors and told “not to buy this house, the roof leaks and the walls leak”. I have suggested to my husband that if my realtor could get a signed statement of exactly what was said, the date and time and a description of the parties stating these malicious words, I may have a case. That is my question - do I have any rights to protect my reputation and as well the potential loss of the sale of this house?
I initialed and signed my husband’s name to a real estate purchase contract as he was out of state at the time of the agreement. Is this a legally binding contract or is the contract null and void?
My problem is we were in the process of refinancing to a 30 year fixed mortgage. In the Good Faith Estimate there was no Yield Spread Premium listed at all. I get a call two days before we were to close stating that our current mortgage company said we signed a Prepayment penalty and we would need to come up with $8000.00 more if we are to close. Anyway the current mortgage company said it would need 90 days or more to negotiate this prepayment to reduce it or do away with it. Now the new company said they will leave it open and we pay a higher interest rate and additional fees to leave it open or if we cancel it we need to pay the Yield Spread Premium of $1700.00 in addition to the $375.00 application fee that we have already paid. The new mortgage company I was getting the fixed rate with changed the name on our insurance policy before the closing papers were signed. HELP PLEASE
A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature?
My wife and I were in signed over the Deed to our house about 3 years ago. The person in control is an investor and basically gets property through this process. The first 6-8 months was fine, as he made all the payments and leased out the property to build more equity. Over the past 28 months, it has been a nightmare. We are constantly getting phone calls from the lenders stating late payments. Do I have any legal rights regarding this situation?
I own a house with three of my brothers - it was written over to us from an uncle approximately 10 years ago. The house is a two family house. One brother lives in one apartment and the other apartment is where our mother lives. We made an oral agreement with the brother, lets call him John, that he would pay a discounted rent to take care of the property as well as take care of our mother. John has not paid rent in three years and has not taken any of the responsibility with our mother. John has broken off all communications, and we cannot even sit to discuss possible resolutions. He will not admit real estate professionals into his apartment and that would make selling the home impossible. Is there a possible way to evict him, buy him out, etc?
I have signed a contract with a national builder last October and my house is one of the last two to be built in this phase (first out of three). I received a letter from the builder saying that, county forced them to change blueprints and my house is losing two windows in the living room. I think it might impact our selling home years down the track. Since the design isn’t what we want anymore is there a way to get out of builder contract?
We purchased a new home from a buyer/developer. The walls are cracking above all doors, the windows howl at every wind ( we called the window installer out and he told us the window jams are too wide and the windows don’t fit) and now the hard wood floors are actually coming up from the floor. What options do we have short of spending alot of money in the court systems?
I am buying a mobile home in FL. I live in PA. My mother is dealing with the owner. The closing will be on February 11,2007. I will not be there yet. Is my mother able to sign the papers for me? If not, can we do this over the phone so I can give my verbal permission for her to sign the papers?
In 1965 my parents gave my sister an acre of land from the family farm. In 1977 they made an notarized land agreement with my sister stating that this land was never to be considered a part of their estate in the event of their death nor could anyone take it from her plus the description of the land and location. My mother died before she could finish. My brother is building on the land that has been my sister’s for 40 years. I went to courthouse for a copy of the deed. There are page nos. missing in the deed and they can’t find them. I think they are the ones my brother did not sign at the lawyers office giving my sister her land. How do I stop my brother from taking my sister’s land and what can I do about the attorney who failed to do as my mother asked? What does it mean when they tell me at the courthouse there are these pages they cannot find? Does the lawyer hold the papers and how do we get my brother to sign as agreed?
Yesterday my husband and I made an offer to buy a house. (We live in TN.) We were told we would need earnest money but it was late and the realtor said we could bring it by today, and in fact will be leaving later this afternoon to go and do that. We have been having second thoughts about it. We did sign a paper that our realtor told us would mean once we signed it, that was pretty much that. But… we did not give our earnest money yet. Are we still obligated to go through with this, even though we did not pay any money?
My mother owns a two family house with her brother in law that is fully paid for, so presently their is no mortgage. They both are presently living in the house. He recently remarried and his wife wants to sell his half of the house so they can buy another house out of state. My mother does not want to sell. I was thinking of buying his half so my mother could continue to live there and rent it out to my sister. ( or would it be better if she bought him out)? Do I need an attorney, and how do you go about doing this legally? How do I determine a fair price especially since it is an old house and I do not want to over pay for it?
My now ex fiance and I purchased a home in June 2006. Now, in a year he wants me to refinance again so his payments can be cheaper and he can stay in the home. My question is, does he have to buy me out when he refinances and what exactly does that entail?
Me and my fiance purchased a home years ago, I have been out of the house going on two weeks, I was told that the locks has been changed, not allowing me into the home, we have no court order for anything, we live in Florida is this illegal with what she has done, we both are on the deed to the home
I am selling my house back to the County I live in due to problems with the house. The County originally had the house built years ago. They are buying the house back for the exact amount I owe the bank and forgiving the grant I owe them. As you see I am not making any profit at all so I am trying to keep costs down.
A Real Estate Developer wants an Easement to my property. The Developer wants an easement to install a sewer line. Since, the Developer stands to gain capital from the installation of the sewer lines. Shouldn’t I be compensated at a commercial rate? Do I have to allow this easement?
The first time I submitted the plans to the planning commission of El Monte, they rejected it, citing 2 issues. I have been trying to subdivide a property that I own for over a year. I have been given wrong information by city employees and have been caused over 25000 in damages. I also have had 5 or so claims against the city in the last 4 years that I have lived here, based on harassment, discrimination and wrong information given. Please help.
What to do a When a Party goes Against Verbal Agreements Made Concerning Property
I saw a home listed for sale, contacted the selling agent, took a tour of the home and made an offer to buy. The offer was rejected, the house is still for sale-with another real estate firm, but I have made no further inquiries into buying the house. Through a third party, I have learned the seller would take four hundred thousand for the home, I’m willing to pay the four hundred thousand-but can’t pay the extra 28 thousand on top of the 400 thousand to cover real estate fees.
I am a joint tenant with my boyfriend on a home. We are both listed on the first and second loans. If I quick claim (quit claim) the deed to him, does this relieve me of my responsibility for payment on the loan?
Is it legal for a buyer who is a realtor to change the escrow papers to make it appear that the buyer is someone else, in order to by pass taxes and make a commission?
What happens when you can’t afford mortgage payments and have to move out of the home?
My mother wants to quick deed (quit claim) her house to me. Do we need a lawyer to do a quick deed (quit claim deed)?
Generally speaking, co-signors have no property rights, but a lot of responsibility.
The bank foreclosure process on some foreclosed property accidentally omitted a small bit of property from the property records. What are property rights in this scenario?
An easement is a right-of-way you grant to someone to cross your land whenever they need to. Governments can force easements through the use of eminent domain law. Private groups have no such power.
