Douglas Edward Cornelius's Answers

Retaining wall property dispute

Locations of fences and retaining walls are the most common dispute between neighbors. You will need to consult with a Washington lawyer with more facts. 1. You need to determine the true property line. That means getting a survey. You can try to consult with the local land records and city records, but they are generally not accurate enough. You may be able to push this on your neighbor to prove that the wall is on their property. 2. Gather up any records from the city records for...

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Defective title because of forged documents?

What are you trying to accomplish? The title to the property is probably not defective. The question is what is your liability for the debt on the property. Has the investment gone bad? Were the pro forma numbers for the investment also fraudulent? What is the business arrangement with your partner in the deal? You need to find a local California lawyer to help you sort out the mess.

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Who can legally start a foreclosure?

You should take a look at the covenants of the homeowner's association. They are usually recorded as an encumbrance against the property. Most grant a lien in favor of the association for unpaid dues. The president could be right. The association could have a lien and depending on state law, could bring foreclosure proceedings. Of course, what is the association going to do with the property once it forecloses on it. Is is prepare to maintain the property and resell it. The lien is...

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MOBILE HOME

First, you need to identify why they are looking to you for her back taxes. Mostly likely, your name is still on the title the mobile home. If that is the case, you are responsible for taxes on it. There should be an appeals process on the request for taxes. Follow it and get your name off the title.

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Commercial real estate

This is viable and has been done. There were several done for medical office buildings. The big issue is economics. I would assume that you are trying to get above-market rent in exchange for giving the tenant an ownership interest in the property. Essentially, trading the current coupon for future appreciation. This was a more attractive option for tenants two years ago than it is now in the current real estate climate. Some things to think about: Management - What control over the...

Breach of contract to purchase house

I am confused by the question. If you sold the house, you should not be responsible for insurance and property taxes after the transfer. Unless you sold the house and became a tenant. Since you are looking to evict the buyer, I assume you are not the tenant. If the sale was a lease to own transaction, the issue gets more complicated. Eviction would also be a foreclosure, depending on how the transaction was structured. You should contact a local Arizona attorney with a clarification of...

Occupancy levels for homes

First, you should read your lease and see what it says. Second, if you want to fight the eviction, you should make sure the landlord is complying with the eviction laws. This site on Wisconsin landlord/tenant laws may be of use:

No address to send a check

Read the mortgage note. It should have a provision on how and where to send the payments. Comply with that provision and send a copy to her with your next check. Your history of payment practices may have effectively amended the note provisions. You may also suggest that she get a post office box. Then she can get mail and noone will know where she lives.

Partial sale of home

You will need a simple deed conveying 20% interest in the property. You should check with your mortgage loan documents to see if this sale is prohibited. You will also need to pay transfer taxes on the transferred interest.

Purchase Sale agreement vs Deed of Trust

The deed of trust and note are secondary to the deed of the property and have no impact on the purchase agreement. The deed from the seller can terminate any obligations of the seller under the purchase agreement. The law on this fairly sparse and is largely dependent on the obligations in the purchase agreement.