http://www.askmehelpdesk.com Residential/Commercial Real Estate and Landlord-Tenant Issues en Fri, 20 Nov 2009 22:47:53 GMT vBulletin 60 http://www.askmehelpdesk.com/amhd_imgs/misc/rss.jpg http://www.askmehelpdesk.com http://www.askmehelpdesk.com/real-estate-law/divorcees-property-title-transfer-417841.html Fri, 20 Nov 2009 19:58:29 GMT Trying to help a friend...

Divorced, she purchased her spouse's half of their house about 10 years ago.

10 years later, while trying to re-finance, she finds that her ex-husband is still on the title.

No liens on the property.

Her title company tells her that her ex husband needs to sign the title over to her before she can re-finance.

Ex-husband is not being, ahem, totally cooperative.

Is this really necessary? She has all of the records from the sale.

Is there a way for her to get the title without going through the ex-husband?

Any advice greatly appreciated.

Clark ]]> Real Estate Law clarkcabinet http://www.askmehelpdesk.com/real-estate-law/divorcees-property-title-transfer-417841.html http://www.askmehelpdesk.com/real-estate-law/land-contract-regrets-417810.html Fri, 20 Nov 2009 18:17:33 GMT I am in a situation that i need to get some answers to. Using my heart instead of my head i offered to sell my home to a friend on a land contract. I lost my job this July and was in the process of filing for bankrupcy before i lost my job. I currently have a morgage on the home that happened to... I am in a situation that i need to get some answers to. Using my heart instead of my head i offered to sell my home to a friend on a land contract. I lost my job this July and was in the process of filing for bankrupcy before i lost my job. I currently have a morgage on the home that happened to just go into the first stages of foreclosure. I am living off unemployment only so once i recieved the attorneys letter stating that i owed 5 payments i called my friend and explained the bad news that i would not be able to follow through with selling the home on land contract as i stated. As anyone would be she was very upset due to the fact that their residence was under forclosure as well and they were living under unhealthy conditions. I need to mention that the house they were living in was supposed to be under a land contract through family and apparently the brother never made the payments through the bank. Not sure what papers they did or didn't sign but from my understanding they assumed they were purchasing this home for the past 8 yrs.
Heres my issue, that night my friend called me and stated she talked with her husband and they wanted to know that if i could make at least 2 payment's they would make the other 3 so that the house would not go into foreclosure. They really had their hearts sent on this home and i said that if they made 3 payments then tes i would go ahead and make 2. They also asked if i would make to full 5 payments due to the fact that they were waiting on a 401k check and once they recieved it they would pay me back the 3 payments. I agreed and called to attorney and foung out that there would be a reinatatment fee which ended up being $1,079.00 plus November's payment. The total cost to reinstate this loan & get it out of foreclosure was $7091.06. I aggreed to pay the $1,079. My problem now is they are saying the 3 payments they agreed on included Nov. Which would mean that i agreed to make 3 payments not two. I need to state that we talked about this multiple times and all was fine until they moved in and had to pay me what we agreed on. I am now uncomfortabe with the whole situation because i have a bad feeling that it's going to be one complaint after another as well as money out of my pocket that i don't have. We have not signed any papers but they are living in the home. I want out of this because i feel as though they are not goin g to follow through with what we agreed on. Also i did not ask for a downpayment just that they take over payments and have it transfered into their name in 3 to 5 years. Is there anything i caan do to save myself? Please help ]]> Real Estate Law rooner15 http://www.askmehelpdesk.com/real-estate-law/land-contract-regrets-417810.html http://www.askmehelpdesk.com/real-estate-law/florida-eviction-timeline-417803.html Fri, 20 Nov 2009 17:43:44 GMT My husband is disabled and I am the only one supporting the family. During the month of October he was hospitalized for 3 weeks partially in a coma and I did not work. I have paid my monthly rent on time up until November. I have not been able to pay the rent since I missed so much time working... My husband is disabled and I am the only one supporting the family. During the month of October he was hospitalized for 3 weeks partially in a coma and I did not work. I have paid my monthly rent on time up until November. I have not been able to pay the rent since I missed so much time working in Oct. I have explained this to my landlords and they are asking when I might have the rent. I explained I am trying to borrow or work overtime to make the payment. It is near Dec rent and I am still struggling to catch up on bills and keep the kids fed. My husband is now in a hospital in Texas. I am raising my youngest son 17 and in high school along with 2 grandchildren 2 and 11. I have a deposit with the landlord equal to one month rent. The house has also started in the foreclosure process which means I will have to move because they are not making mortgage payments and haven't since I began paying rent in April 2009. Any advice on how long I have before eviction and how long that process starts once it starts and do I have any legal rights since my husband is disabled and is collecting SSI through social security. I need any help that I can get as I can't afford an attorney. ]]> Real Estate Law dswade http://www.askmehelpdesk.com/real-estate-law/florida-eviction-timeline-417803.html http://www.askmehelpdesk.com/real-estate-law/mentally-challenged-people-lease-laws-417757.html Fri, 20 Nov 2009 15:14:03 GMT my question is about lease laws. I was told it is against Oklahoma law for a mentally challenged adult cannot sign a rental lease even if this person is his/her own guardian. Is this true ? my question is about lease laws. I was told it is against Oklahoma law for a mentally challenged adult cannot sign a rental lease even if this person is his/her own guardian. Is this true ? ]]> Real Estate Law grancracker http://www.askmehelpdesk.com/real-estate-law/mentally-challenged-people-lease-laws-417757.html http://www.askmehelpdesk.com/real-estate-law/trying-find-title-mobile-home-417680.html Fri, 20 Nov 2009 04:13:00 GMT I just bought a mobile home in PA from a person who claims they bought it from a courthouse by paying back taxes, but has no proof or a title. We have a notarized bill of sale from them, but apparently that's nothing because of him not having proof of ownership. The person they bought it from also has no proof or title but wants us to now pay her money for the home, after we already paid for it. She says that the guy we bought it from never had legal ownership of it, and that she does, but the courthouse says that he does, but did not buy it from back taxes. The main problem I have is that we need a title to make everything legal, but there is no VIN on the MH anywhere. I have called the courhouse and PennDot and the DMV, but no one has been able to direct me to where I can get this information. If anyone has any idea as to where I should start, please let me know! This has been one major headache. ]]> Real Estate Law newellfamily77 http://www.askmehelpdesk.com/real-estate-law/trying-find-title-mobile-home-417680.html http://www.askmehelpdesk.com/real-estate-law/verbal-contract-417559.html Thu, 19 Nov 2009 20:32:32 GMT I live in Ohio. My brother and myself have a verbal contract that he would hold a loan on some property for me and my husband for 10 years. I have a land contract on paper but it is not recorded at the courthouse because his loan officer told them they did not like it when there customers did that.... I live in Ohio. My brother and myself have a verbal contract that he would hold a loan on some property for me and my husband for 10 years. I have a land contract on paper but it is not recorded at the courthouse because his loan officer told them they did not like it when there customers did that.
I have made payment timely each month and have been paying the property taxes on the property(the taxes were late one time).
My brother is now mad at me and said he will not hold the loan for 10 years now. Mind you it has been almost 2 years since the loan went through. He said if I do not assume the loan asap he will, without further notice sell the property.
I have paid all payments with checks.
What are my legal rights? Is a verbal contract binding? Can he sell the land and can he make me get assume the loan before the 10 years are up?
Please I am desperate and a nervous wreck over this. ]]> Real Estate Law vwine56 http://www.askmehelpdesk.com/real-estate-law/verbal-contract-417559.html http://www.askmehelpdesk.com/real-estate-law/california-community-property-inheritance-417548.html Thu, 19 Nov 2009 19:43:50 GMT If a parcel of land is considered community property and the husband dies with a will leaving 50% to his wife and 25% to each of his two children, is he conveying in his will 50% of his 50% to his wife and 25% of his 50% to the children? or just stating the obvious that she already has 50% via... If a parcel of land is considered community property and the husband dies with a will leaving 50% to his wife and 25% to each of his two children, is he conveying in his will 50% of his 50% to his wife and 25% of his 50% to the children? or just stating the obvious that she already has 50% via community property? and actually leaving his 50% to his two children?

Thanks in advance ]]> Real Estate Law bowman2020 http://www.askmehelpdesk.com/real-estate-law/california-community-property-inheritance-417548.html http://www.askmehelpdesk.com/real-estate-law/getting-keys-new-home-417534.html Thu, 19 Nov 2009 19:01:22 GMT I just purchased an REO home through a realtor. It's a condo, with an HOA. I signed all the documents yesterday, and wire transferred the funds. The escrow company has the money. We were supposed to close escrow on Nov 6, and it's been pushed back twice. The latest extension is up today. The escrow company is telling me they need something else from the HOA, and that the deed might not get recorded until the 27th. They tell me I can't have my keys until the deed is recorded. Do I have any legal recourse? Can I ask them for interest on my money, or demand that I be given occupancy now. The home is empty, and we'd done the walk through, the utilities are on (and I'm being billed for them!) Help! I'm so frustrated I could scream. ]]> Real Estate Law NashsGma http://www.askmehelpdesk.com/real-estate-law/getting-keys-new-home-417534.html http://www.askmehelpdesk.com/real-estate-law/find-owner-abandon-property-417495.html Thu, 19 Nov 2009 17:17:54 GMT I found this car wash that has been abandoned and I would like to know what I would need to do to possiably invest in it I found this car wash that has been abandoned and I would like to know what I would need to do to possiably invest in it ]]> Real Estate Law jboyd0921 http://www.askmehelpdesk.com/real-estate-law/find-owner-abandon-property-417495.html http://www.askmehelpdesk.com/real-estate-law/put-one-more-name-our-deed-417480.html Thu, 19 Nov 2009 16:23:35 GMT Hi, My husband bought a house last year. And we are think to put my name and my son's name in the deed. Could you please tell me how can we do that? Do we need a lawyer? Which goverment department should we contact? Can we do that on our own? Thank you! Sally ]]> Real Estate Law sallyyd http://www.askmehelpdesk.com/real-estate-law/put-one-more-name-our-deed-417480.html http://www.askmehelpdesk.com/real-estate-law/moving-out-student-house-before-contract-expires-417429.html Thu, 19 Nov 2009 13:34:02 GMT I'm living with four housemates (we're all students at the same uni), who overrode my decision on what house we should rent this year. I decided I had to go with it since I was the only one who disagreed, which was a big mistake. They also hate the place now. I've tried my hardest to live there but my room is affected by damp, woodlice get in at every corner (and up the shower plughole!), I've found slugs in my room more than once, the window frames are broken, and our shower has been broken for three weeks; despite calling the estate agents every two days. They say they will chase up the landlord, but nothing's happened. Not sure if it's them or him who is the cause of the delay. I couldn't describe the state of the toilets. There weren't even smoke alarms until I called an independent health inspector and she made the landlord come around and install them.

My question is, with all this going on, is there any way we can leave the house? I've found out that there are other places available, but I'd have to get out of this contract to even look at them. If there's any option, I'll try and get out. My work is already suffering because I can't concentrate in my room, and I've started lapsing back into OCD with washing my hands all the time, which I think must be caused by the house. Can landlords ignore all these issues in view of the fact that they have a signed contract? ]]> Real Estate Law ArchonIX http://www.askmehelpdesk.com/real-estate-law/moving-out-student-house-before-contract-expires-417429.html http://www.askmehelpdesk.com/real-estate-law/rights-rent-gurantor-417292.html Wed, 18 Nov 2009 23:57:25 GMT Hi .. My daughter moveed in with her boyfriend 2 months ago, she was only 17 but circumstances meant she needed a place to live at the time. She has since been chucked out by her agressive boyfriend and the rent is partly being paid by benefits. I acted as guarantor but my daughter signed it with... Hi .. My daughter moveed in with her boyfriend 2 months ago, she was only 17 but circumstances meant she needed a place to live at the time. She has since been chucked out by her agressive boyfriend and the rent is partly being paid by benefits. I acted as guarantor but my daughter signed it with my persmision. therefore although i am guarantor i did not actulally sign i asked my daughter to sign my signature. My daughter wants to come off the rent agreement and i want to come off the guarantor can we both do this during a break clause.. original agreement 12 months break clause after 6 months. what are our rights?. a mess i know ]]> Real Estate Law jmlough http://www.askmehelpdesk.com/real-estate-law/rights-rent-gurantor-417292.html http://www.askmehelpdesk.com/real-estate-law/landlord-will-not-return-deposit-will-not-give-itemized-list-how-spent-417270.html Wed, 18 Nov 2009 22:50:19 GMT Our landlord gave us 30 days notice after we lived there for 2 years (one year lease and then one year month to month). I had 2 major reconstructive back surgeries and have been deemed by the State of California as permanently disabled since the time we moved in. He gave us a 30 day notice one... Our landlord gave us 30 days notice after we lived there for 2 years (one year lease and then one year month to month). I had 2 major reconstructive back surgeries and have been deemed by the State of California as permanently disabled since the time we moved in. He gave us a 30 day notice one month after I had my second major reconstructive back surgery. I was bedridden and only able to get around in a wheelchair. When we tried to ask him for more time considering my situation, he immediately referred us to his lawyer and refused to speak with us. He also has been having a "police officer" call us threatening to prosecute us for harassment. We are in no way harassing him, we just want our deposit or an itemized list of how it was spent. We have never made a late payment and never had any reason for him to be upset with us. In fact, we put tons of home improvements into the house while we were there. We moved out 15 days after his 30 day notice (which was very difficult considering my health). Now, it has been over one month and the landlord refuses to give us back our deposit. I requested an itemized list of what was damaged but he will not respond. We video taped the house when we left and since he refused to do a final walk through with us we requested the police to supervise our departure. He documented the condition of the home when we left. Our landlord and his family have a lot of money and very scary lawyers. Every time we try to ask about our deposit we get letters from lawyers saying that we must stop harassing the landlord and a "police officer" calls (I believe it is someone pretending to be an officer because we have asked for a case # or incident # and they refuse to give it to us?) . We have only contacted him twice about the deposit? Because I am permanently disable and on a fixed income, this deposit money is very important to me. I was under the impression that CA laws require him to either return our deposit or give us an itemized list of damages and costs within 14 days. It has been a month and we cannot get a response. Any advise? ]]> Real Estate Law kay_lee19 http://www.askmehelpdesk.com/real-estate-law/landlord-will-not-return-deposit-will-not-give-itemized-list-how-spent-417270.html http://www.askmehelpdesk.com/real-estate-law/how-do-file-pro-se-cloud-title-home-florida-not-served-417261.html Wed, 18 Nov 2009 22:29:50 GMT My Question is how do I File Pro Se without using an Attorney to cloud a title on a home in Clewiston florida which was not served Auction sales Date paperwork?

I need HELP FAST ...please forward your Answer to: [Email address removed for privacy.] ]]> Real Estate Law mrlouissmith http://www.askmehelpdesk.com/real-estate-law/how-do-file-pro-se-cloud-title-home-florida-not-served-417261.html http://www.askmehelpdesk.com/real-estate-law/rent-lowered-shouldnt-mine-also-417176.html Wed, 18 Nov 2009 18:22:51 GMT I live in a mobile home park in Florida. The owner lowered all the rents on the unoccupied units. Shouldn't mine be lowered also since they are all identical. I was then told I could move into one of the lowered rent units but would have to pay a $600 transfer fee. Can they do this? ]]> Real Estate Law lfactorbb http://www.askmehelpdesk.com/real-estate-law/rent-lowered-shouldnt-mine-also-417176.html