Sarah Anne McDaniel’s Answers

Sarah Anne McDaniel

Westbrook Real Estate Attorney.

Contributor Level 3
  1. Can I quit claim a property that is involved in a lawsuit? If so, will the lawsuit be effected?

    Answered 4 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    Typically, you should have listed your 1/7th ownership interest as an asset on your bankruptcy filing and you also should have identified the pending partition action. If that was done correctly, the bankruptcy filing would have caused notice to be sent to the other litigants and the partition action would be temporarily halted ("stayed") until your bankruptcy is resolved. Your bankruptcy attorney should be able to assist you with this process.

    1 lawyer agreed with this answer

  2. How do we get a mechanical lien removed?

    Answered 8 months ago.

    1. Sarah Anne McDaniel
    2. Alexis L. Brown
    3. Cheryl Rivera Smith
    3 lawyer answers

    Ultimately, you will need to get a document that functions as a "discharge" filed in the Registry of Deeds. As the other answer suggested, it is unclear why the prior litigation did not accomplish this. If your lawsuit concluded in a judgment in your favor, then a certified copy of that judgment can be recorded in the Registry of Deeds. However, if your lawsuit against them was "stayed" pending resolution of their bankruptcy claim, then you will have to participate in the bankruptcy...

    1 lawyer agreed with this answer

  3. My property manager "lost" our lease. What are my rights?

    Answered 8 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    There is good information for tenants facing eviction in Maine available on the website for Pine Tree Legal -- a nonprofit that provides legal assistance to low-income Maine residents. You should begin by reviewing their website (www.ptla.org) as that outlines the steps a landlord must take before evicting you. In addition, assuming the facts as you describe to be true, you may be able to hold the property manager accountable for breach of an oral promise. Also, if the homeowners who are...

    1 lawyer agreed with this answer

  4. Would like to know if a low income housing lot that has been in place for 21 years has a grandfathers clause. The situation is

    Answered over 1 year ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    There are a few possibilities here. First is that there may be a dispute about the boundary. Simply because the neighbor asserts that the driveway crosses his land does not make it so, even if he has a survey. Review of that survey or obtaining a survey of your own would help resolve that issue. Second, even if the driveway is on his property, you may have a deeded easement or an implied easement in your deed that gives you the right to use the driveway. Lastly, even if there is no...

    1 person marked this answer as helpful

  5. Family property dispute - Do I need a lawyer, does my sibling have a legal stake when purchased under my name & I am paying bill

    Answered 4 months ago.

    1. Sarah Anne McDaniel
    2. Alan James Brinkmeier
    2 lawyer answers

    I definitely recommend that you engage an attorney to assist you. Owning family property can be difficult, but there are ways that a family can be proactive to set clear expectations and legal obligations. It is easier and less expensive to solve the problem proactively. But even if you and your brother are already in an active dispute, it will be more economically efficient for the two of you to come to a written agreement that clarifies each person's rights to use the property and...

  6. If I met with a lawyer for a consultation and signed papers about fees and misc. can I choose someone else if I have not paid?

    Answered 4 months ago.

    1. Stephanie Anne Perez
    2. Shaye Larkin
    3. Sarah Anne McDaniel
    4. Blake Owen Brewer
    4 lawyer answers

    As a general rule, the client always has the freedom to choose to change attorneys. However, depending on your initial understanding, you may be obligated to pay the first attorney for the time that they have already spent with you. If you find a second bankruptcy attorney to work with you, they may also be able to review your written agreement with the first attorney to give you a better opinion on whether you are obligated to pay the first attorney.

  7. My partner abandoned me here in Maine after buying a home together, can he turn around after months and decide he want to sell.

    Answered 5 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    The answer to your question will depend upon the precise language of the deed. If it is correct that your name is also on the deed as a "grantee" (that is, as one of the owner's of the property), then he cannot evict you in the short-term. However, you cannot stop him from selling his interest in the property. The difficulty is that you may not want to be "joint owners" with whomever he can find to buy his interest. And, if he can't find anyone to buy only a half-interest, then he could...

  8. What should I do about this rental agreement?

    Answered 12 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    You should not sign any agreement if you are not familiar with what it covers. Your question raises many other questions: are there 2 other roommates? is it a duplex? are there common areas? what if the other roommates do not pay their portion of the rent? You should definitely investigate the matter further to make sure that you know all details fo the agreement.

  9. If my son and i own a home and have a morgage and he goes through bankrupcy do i still own my home

    Answered 12 months ago.

    1. Sarah Anne McDaniel
    2. Dorothy G Bunce
    2 lawyer answers

    Your son should have a bankruptcy attorney help him determine whether his interest in the property is protected through the bankruptcy proceedings. I assume that the mortgage was granted by you and your son, although it is not clear whether only he or the both of your are obligated to repay the note to the bank. The mortgagee (that is, the bank who holds the mortgage) is almost always entitled to foreclose on the property that secures the mortgage if the note is not timely paid; so you would...

  10. My parents recently passed away owing a lone on an estate that is in mine and my mothers name do I have to pay the loan.

    Answered over 1 year ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    If your mother's name was on the deed when she gave the Bank a mortgage deed securing her loan, then the Bank likely does have an enforceable interest in the property. Whether you may be obligated to pay off the loan will depend upon the timing of when your name came onto the deed in relation to the time when the Bank was first given the mortgage. If your name was added after the loan was already in place, then it is possible that you could lose the house if you do not agree to assume the...