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Type: Posts; User: LisaB4657

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  1. Answers
    6
    Views
    643

    Don't even think about closing until the house is...

    Don't even think about closing until the house is completely empty and the "friend" is gone. Getting rid of residents is the seller's responsibility, not yours. And do not have the utilities turned...
  2. Yes, you can do that but I strongly recommend...

    Yes, you can do that but I strongly recommend that you get a title agency involved to do the actual closing for you. They will make sure that all necessary documents are signed and that there are no...
  3. Question: Rent

    by LisaB4657
    Answers
    5
    Views
    478

    If you have a written lease that sets forth the...

    If you have a written lease that sets forth the amount for rent, then the Landlord cannot increase the rent until the end of the Lease term. If you don't have a written lease then the Landlord, in...
  4. Answers
    6
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    721

    None of the siblings can be sued by the bank...

    None of the siblings can be sued by the bank unless they sold their shares of the property and received payment for them. Then the bank would be limited to suing them for the amounts of the payments...
  5. Answers
    6
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    721

    If there was a heloc that means that the bank...

    If there was a heloc that means that the bank holds a mortgage on the house. Having the house quit claimed to you and your sister will not avoid that mortgage. If you stop making payments on the...
  6. ScottGem is incorrect. If you have lived there...

    ScottGem is incorrect. If you have lived there for more than a year your notice period is NOT 60 days. As long as the expired written lease does not state otherwise, the amount of notice that a...
  7. Answers
    5
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    599

    Tell us the state. In NJ any tenant who lives...

    Tell us the state. In NJ any tenant who lives there as part of their compensation must be given at least 30 days written notice to move out if their employment has ended.
  8. Answers
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    562

    If the property is owned by an individual and not...

    If the property is owned by an individual and not a corporation, partnership or LLC then the OP can appear in court under a POA as long as he informs the court that he is not an attorney.
  9. You have to prepare a deed from you, as the...

    You have to prepare a deed from you, as the Seller, to your ex, as the Buyer. Then your ex would have the deed filed in the county clerk or county register's office. I suggest that you have the...
  10. If your name is not on the deed but is still on...

    If your name is not on the deed but is still on the mortgage note, and if he fails to make the payments then the lender has the right to sue you for any balance that might be due after a foreclosure....
  11. No, you have not given sufficient notice. The...

    No, you have not given sufficient notice. The way I read Sections 34-18.1-5 and 34-18.1-6, you would have needed to have given notice no later than February 14th in order to move out by February...
  12. Please don't start a new thread to add new...

    Please don't start a new thread to add new information. I've merged your threads so we can keep all of the information together.

    The purpose of filing a lis pendens on a property is to give...
  13. Tell us the state where the property is located...

    Tell us the state where the property is located and we can tell you the procedure for eviction.
  14. This is incorrect. It is completely unnecessary...

    This is incorrect. It is completely unnecessary for the OP to have a new deed recorded unless the OP is selling or financing the property.
  15. Tell your attorney that you did not qualify for a...

    Tell your attorney that you did not qualify for a 95% mortgage commitment and he should start working on your behalf instead of being afraid.
  16. Did the Contract say that you would be putting...

    Did the Contract say that you would be putting down only 5% and financing the balance? If so, and if the commitment states that you must put down 8%, then you have not obtained a mortgage commitment...
  17. The underwriters (people who approve) for the VA...

    The underwriters (people who approve) for the VA and FHA loans will not approve a loan for a condo unless is complies with certain regulations. One of those regulations is a certified condo...
  18. Answers
    6
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    637

    Unfortunately you don't have any rights beyond...

    Unfortunately you don't have any rights beyond those of a month-to-month tenant. If you don't move out when the lease is up the landlord can give you a notice to vacate and if you still don't move...
  19. I'm sorry but I don't understand your question. ...

    I'm sorry but I don't understand your question. You're going to have to give us the whole background so we can understand your situation and give you a realistic answer. So please....tell us the...
  20. Answers
    2
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    476

    If there is a title company involved in this sale...

    If there is a title company involved in this sale then you may be able to place the disputed amount in escrow with the title company until the matter is resolved. If you win the case the title...
  21. Answers
    1
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    448

    Which state is it and which form? Often the...

    Which state is it and which form? Often the state forms will have a separate page of instructions. If your copy doesn't have instructions with it then the instructions may be available online.
    ...
  22. Did you ever issue a deed to the previous,...

    Did you ever issue a deed to the previous, bankrupted buyer? If not then there should be no need for the bankrupt to sign a quit claim deed. Who is telling you that they need to sign a deed and...
  23. Answers
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    1,074

    Based on what you've said here you do not have...

    Based on what you've said here you do not have sufficient cause for a restraining order against him.

    If he is listed on the lease as a tenant then you cannot evict him. If he is listed as an...
  24. Question: Leasing Home

    by LisaB4657
    Answers
    3
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    506

    There is no prime owner of the lease unless the...

    There is no prime owner of the lease unless the lease specifically says so. The fact that her name appears first means nothing as long as both of you are listed on the lease as tenants and both of...
  25. Answers
    3
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    436

    No, the sister cannot force you to sell the...

    No, the sister cannot force you to sell the property to her or anyone else. The only way you would ever be forced to sell is if they can prove that you defrauded your mother-in-law. Based on what...
  26. Answers
    3
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    768

    A deed does not typically list the square footage...

    A deed does not typically list the square footage of either the property or the buildings on the property. The deed should only provide the legal description of the property, which usually includes...
  27. Answers
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    532

    At this point it doesn't matter if a variance was...

    At this point it doesn't matter if a variance was requested. If the town issued a building permit and then issued a certificate of occupancy for the house then the encroachment should be...
  28. Answers
    4
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    471

    You've already received 2 answers to this...

    You've already received 2 answers to this question. Please don't start a new thread for the same thing or we won't be able to keep track. I've merged your questions into one.
  29. Answers
    4
    Views
    471

    Do you have a particular partner in mind already?...

    Do you have a particular partner in mind already? If so then you need to speak to an accountant and/or attorney to figure out the best method for ownership of the property. The agreement should...
  30. Question: Tenant rights

    by LisaB4657
    Answers
    8
    Views
    741

    That clause would not be applicable in any case...

    That clause would not be applicable in any case until after the OP had put the landlord on notice that the vehicles were blocking visibility. If the OP had previously sent a letter to the landlord,...
  31. Question: Tenant rights

    by LisaB4657
    Answers
    8
    Views
    741

    Scott, every shopping center lease I've ever seen...

    Scott, every shopping center lease I've ever seen always had a provision that the tenant would take no action that would cause harm to any other tenant in the shopping center. If this lease contains...
  32. Question: Tenant rights

    by LisaB4657
    Answers
    8
    Views
    741

    Unfortunately, unless the lease specifically...

    Unfortunately, unless the lease specifically states that the landlord will take steps to assure a safe and secure property then he has no obligation to do so. However if there is another tenant who...
  33. Question: Tenant rights

    by LisaB4657
    Answers
    8
    Views
    741

    In a commercial lease, the majority of your...

    In a commercial lease, the majority of your rights and remedies are contained within the lease rather than set by law. So you will have to read all of your lease very carefully to see what you can...
  34. The landlord can ban someone from your son's...

    The landlord can ban someone from your son's apartment only if: (1) the landlord lives in the same building or nearby and has a restraining order against that person; or (2) the lease gives them...
  35. Answers
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    1,004

    If your subtenant has use of all of the apartment...

    If your subtenant has use of all of the apartment other than your bedroom and your bathroom then most likely he is not a lodger but must be treated as a tenant even though there is no written...
  36. Scott, the stepfather's life estate has a value...

    Scott, the stepfather's life estate has a value that's independent of his share of the estate. Why should he give up his life estate and not be paid for it?
  37. Answers
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    423

    Call the police. It was illegal for the landlord...

    Call the police. It was illegal for the landlord to remove the appliances without replacing them. It doesn't matter if a lender has begun the foreclosure process.
  38. Answers
    11
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    979

    If repairs are required then you need to fix them...

    If repairs are required then you need to fix them regardless of whether your tenant has paid the rent.
  39. Answers
    3
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    584

    I don't like this at all. There is no need to...

    I don't like this at all. There is no need to transfer the property to him and his wife. Does the estate have any other assets that can be used to pay the Medicare bill? And if the appraisal says...
  40. You're thinking of Section 90.396(1)(a) of the...

    You're thinking of Section 90.396(1)(a) of the Oregon State Laws. That allows you to give him 24 hours written notice to remove the pet or the tenancy is terminated. This provision applies if the...
  41. You give your roommate a written notice that his...

    You give your roommate a written notice that his tenancy is terminated and he must move out within xx days. The number of days depends on the state where the property is located. Tell us where it...
  42. At the top of the Real Estate Law Forum there is...

    At the top of the Real Estate Law Forum there is a sticky post that explains how to add someone to your deed. You can read it at...
  43. Answers
    5
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    485

    I wouldn't call it "nonsense". The OP probably...

    I wouldn't call it "nonsense". The OP probably didn't realize that a judgment lien attaches to the person and every property the person owns, rather than attaching to just one property.
  44. Answers
    5
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    485

    I think the OP is referring to the lien being...

    I think the OP is referring to the lien being against the real property that is his personally vs. being against real property that he owns with others.
  45. Answers
    5
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    485

    If a lien is a judgment lien against you...

    If a lien is a judgment lien against you personally then it applies to any property you own. It will show up in a judgment search on any property where you are listed as an owner. That includes...
  46. Answers
    11
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    979

    Notarization isn't necessary. You can write it...

    Notarization isn't necessary. You can write it out but make sure you sign it. Also it would be a good idea to hand it to her rather than putting it in her mailbox. Then you can tell the court that...
  47. Answers
    11
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    979

    If she doesn't move out by the date on the notice...

    If she doesn't move out by the date on the notice then yes, you have to take her to court to evict her. You can't just change the locks or anything like that. You have to file a lawsuit for...
  48. Answers
    11
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    979

    Ah... just saw your other thread so I merged...

    Ah... just saw your other thread so I merged them.

    In NY you are required to give a tenant 30 days written notice to terminate their tenancy. You are not required to give them a reason for...
  49. Answers
    11
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    979

    You're going to have to give your tenant a...

    You're going to have to give your tenant a written notice that the tenancy is terminated and they must move out within xx days. The exact number of days depends on the state where the property is...
  50. As cdad said, this is no longer a DIY situation. ...

    As cdad said, this is no longer a DIY situation. Discovery is more than just filing a form. You will need to request documents and evidence from the defendants as part of discovery. If you really...
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