Michael F. Horgan's Answers

Can my landlord hold my security deposit to cover the last month of rent of a lease that we agreed to terminate early?

First of all, security deposits are required not only to ensure that the premises are returned in the same condition in which they were originally rented but also to ensure that all requisite payments are made under the lease. The landlord's letter did not alter your obligations under the lease; you are still required to make payments through the end of the lease term. The Landlord has no affirmative obligation to find another tenant simply because you desired an early termination of the...

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I was selling my house found buyer home inspection done buyer never signed contract 3 weeks passed realestate found another buy

There is no basis for the first buyer to sue you. In the absence of an agreement to the contrary, the first buyer alone is responsible for the home inspection fee - it was part of the buyer's diligence in evaluating whether or not to proceed with the purchase. You have no liability to the buyer or to his inspector.

Closing

Absolutely. You will need to provide the title company with a pay-off letter from the lienholder. This must be done in advance of the Closing.

My mom passed away last year and before she died she left me the house, but the mortgage is still in her name.

Most mortgage documents contain a default provision which basically states that among the many things constituting an "event of default" is the transfer of ownership of the property without the lender's consent. Assuming that the existing mortgage does in fact contain such a provision, the lender could call the loan at any time after learning of the deed transfer. I suggest that you contact the lender to request that an assignment of the mortgage to you.

I am POA and executrix for my fathers estate who has just passed. can I continue to write checks to pay his bills from his accou

Powers of Attorney are generally rendered invalid once the Donor of the Power dies. Even if the bank is paying the checks you write on his account, you may be exposing yourself to liability at a later date by continuing to write these checks. You should definitely retain a lawyer to handle the proper administration of his estate.

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How can I undo a power of attorney and guardianship that was done without my knowledge?

The simplest way to undo such a power of attorney and guardianship to deliver a signed writing which revokes the previously given power of attorney. I highly suggest you consult a local lawyer as soon as possible to ensure that neither the power of attorney and guardianship are misused (as it sounds this is a real possibility).

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Property I am leasing was just sold.

Provided you are not in default of your lease (for example, due to non-payment of rent, creating a nuisance) the Bank must take over the property subject to your lease. The bank may try to incentivize you to vacate prematurely (as they have done here) but unless the proposed payment is substantial, you may want to remain in possession until expiration of the lease term.

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Real property in a will

By operation of law, jointly held assets (real estate, bank accounts, stocks) pass at death to the surviving joint tenant. There is, therefore, no need to mention it in the Will and it may be a source of confusion if you do so.

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