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Vincent J. Gallo

Vincent Gallo’s Answers

806 total


  • My ex won't refi or sell to remove my name from our mortgage. What can I do?!

    We were never married, but bought a home together in 2007. I moved out in 2010 at his request. For the last four years he has been saying it would only be another a few more weeks until the re-fi would go through. He won't give me any information ...

    Vincent’s Answer

    From your query you are seemingly in title on the deed. Start an Action in Partition; that will wake him up when he realizes that you have the power to force the sale of the house. This will get you off the deed and the mortgage and likely put some money in your pocket as well.

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  • If three owners each have a share of a cottage property, can one owner force the others to sell?

    My parents gifted cottage property to me, my sister and brother. After his death, his widow has asked that his share (now legally hers) be sold. My sister and I are adamant we do not want to sell but cannot afford to buy her out. No one else we kn...

    Vincent’s Answer

    Yes she can force a sale of the real estate through a proceeding referred to as an Action in Partition, which is a "forced sale". You could, however, takes steps to either come to an agreement buying out her share at an agreed upon price, or alternatively, if you are unable to come to terms, place your own bid at the forced sale, provided that the bid you enter makes financial (and/or sentimental) sense to do so.

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  • We are buyers on a home that fell through due to loan commitment not being made in time. Are we entitled to our escrow back?

    Thank you!

    Vincent’s Answer

    That would all depend on how your attorney crafted the mortgage contingency clause contained in the contract, coupled with your conduct.

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  • Going against Agent's Choice & Switching Mortgage Loan Bank!

    I just signed a contract to buy a house. Also, I have signed contract with a buyer's agent. For picking Attorney and Mortgage Company, I went with my Agent's recommendations, Although I didn't like the Mortgage company's dealings with me, I stil...

    Vincent’s Answer

    From what you stated it appears as if you have already made up your mind. Move on.

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  • My husband and i currently own a home from habitat of humanity. How is our escrow in the negative?

    We received a letter stating our escrow is in the negative. Our escrow is included in the principle mortgage we pay monthly. Habitat then disburses the escrow to said places ( property and land taxes,etc). If they've been doing this,how is it nega...

    Vincent’s Answer

    It appears to be more of a math question, than a legal question. Most likely, they under-collected whatever they are entrusted to pay from escrow. eg. real estate taxes, hazard insurance. Ask the escrow department for an escrow reconciliation and that should tell you where the problem lies.

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  • I am buying a house with a significant other.The loan is in his name but we both pay for it out of same bank account.

    do I have any legal recourse if he tries to make me leave

    Vincent’s Answer

    If you are visualizing him making you leave before you buy the house together you should really reconsider whether this is a good idea from the outset.

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  • Can we buy land when a tax lien exists against the seller?

    We are attempting to purchase 6 acres of land. During the title search old tax liens were found against the current owner of the property. (Not against the specific lot we are interested in, he owns several.) my question is, if we purchase the lan...

    Vincent’s Answer

    The tax liens will continue to run as against the property.

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  • Mortgage broker surprised me w a $4000 "fee" the day I bought a house. Do I have recourse to have this fee refunded to me?

    Before buying a house, I told my mortgage broker that I only had so much $ to put down. I told him I needed a loan that wrapped as many closing costs into the loan as possible, as I wouldn't have thousands of extra dollars floating around the time...

    Vincent’s Answer

    The document is called a Good Faith Estimate. Did you read it carefully before you signed it?

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  • First time home buyer. Is there a need for a real estate attorney over an agent?

    We are looking at buying our first home. We have found most houses on line and are looking athe a few. We are trying to determine the need for an agent or an attorney. We don't anticipate any special need for anything out of the ordinary. ...

    Vincent’s Answer

    A real estate agent finds you a house. An attorney represents you and protects your interests. Say to yourself, at this point, do i need someone to find me a house or someone to represent me and protect my interests. After you answer that question, you should be able to easily decide who you need.

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  • Can you get a title search on a home even if your not selling now just to see how it looks to make sure no issues

    Will come up to surprise you when time to sell. And what is cost

    Vincent’s Answer

    Yes you can, except without a Policy of Title Insurance, the Title Company may not be contractually bound as to any mistakes or errors that may be contained therein. Only a Title Policy will contractually insure you as against any errors and/or omissions contained in the title search.

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