Divina Kay Westerfield's Answers

Does the investor who currently owns a mortgage have to be named on the note or can it just have the servicer named?

I am also President of National Note Association and I actually buy and sell mortgage notes. In any transaction, we always have an assignment of the note with the "allonge" which is similar to signing the back of a check. Each assignment from one owner to another should be filed in the county property records, so that a payor always knows they are paying the correct holder of the note. MERS (the Mortgage Electronic Registration System) put together by many of the biggest banks, put a...

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The applicant on a car loan was discharged in a ch. 7 bankruptcy. the co-appl still has vehicle, is my name removed from loan?

This is a common problem, where on documents you may appear liable, but as soon as you produce bankruptcy documents that discharged the debt, you are not. Lenders usually don't go through their existing loans or credit lines and redact (cross out) the bankrupt person from the loan. If this loan were to become past due, and you receive a call, you may have to remind the creditor that you filed bankruptcy on this obligation and that you are not the liable party to pay. BE FOREWARNED! THE...

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What are my rights concerning a fence I bought and put 6 inches on my side of the property line?

Your neighbor needs to understand that just because he/she has a garden there, doesn't mean that he/she owns the land. I always like to be polite, but firm, with neighbors because we want to keep the peace, but a stubborn neighbor may need a letter from an attorney to set them straight. For example, state that you will allow the garden this year, but next year you are requesting that the garden be kept within their own property and that if repair or maintenance work is required on your fence...

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Can A House (Real Property)Ownership Be transrered to a 10 year domestic partner? I am not on the loan.

I would first advise the domestic partner to seek not just real estate counseling, but estate planning as well. You can both take title to the property, although the partner with the credit may first need to refinance the property into his/her name, and then quit claim deed a percentage interest to the other domestic partner. This transfer by quit claim deed needs to be done as either joint tenants or tenants in common, which must be carefully decided. There are several articles on the...

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Selling a family lot

You need to see how it is titled. There are many ways to title property that could create a right of survivorship - which means you may not be able to sell your part of it. For a quick answer, talk to a title company in Martinsville, IN and ask them how it is titled and if the title company would prepare documents for you to transfer it to a new owner. If not, you know you won't be able to sell it.

Can I sue someone for back rent and damages to my property if their sole income is social security.

You can always sue, the question is will it be a judgment upon which you will have success collecting. In most cases except for federal debt, social security is protected and you'll be unable to garnish their wages. If they have other assets, you certainly could execute again the assets and sell the property, but frankly, its generally not worth while. In hindsight, try to find renters who were former homeowners that know how to treat a house like a home. Give them rental "credits" for...

What are my legal rights and obligations for paying equity money and retaining sole ownership of a house i own with a non-spouse

Most judges are going to see both sides of the situation. Can I guarantee that you won't be forced out? No., but in all likelihood, the judge will order the sale of the property while you are still residing there. This is your home, after all, and it was the other person that made the decision to move out, not you. In this market its also very likely that this property cannot be refinanced with money out, although I don't know the value of the property and the current balance of the...

Home is in a trust the person has died. she had a land contract that no payments were ever made,. we have a witnessed legal

Sounds like you already have your answer. If there is no proof of payment, i.e. a receipts, a cancelled check, etc., its pretty hard to show you've paid for something, and proof is what court is all about. Proceed with foreclosure and settle the estate. This answer is provided for informational purposes only and does not create an attorney-client relationship. A more detailed explanation can be provided if you contact our offices directly. Our firm specializes in real estate and...

Landlord wants to use a power outlet on the side of our unit that we pay the power bill on. What should I do?

I had a similar situation with a water meter in a retail center. Call the utility company and state that your landlord is stealing your power. Yes. It is called "theft of services" in most states. No one can use your power or your water without your permission, which you should almost NEVER give because of the exact reasons you set out - how would you know how to divide up the bill? The landlord just doesn't want to pay to set a separate meter and is creating problems for you. This will...

We are trying to get deposit back on vacation rental that we cannot stay in this year. The lessor refuses to honor the agreement

It sounds like this vacation spot is not going to get your repeat business. Did you pay by credit card? Initiate a complaint through your credit card provider. Or you may wish to see if the vacation rental company is a member of the Better Business Bureau. They may not want their record to soiled with the BBB and may work something out with you. If they are licensed real estate brokers/agents, file a complaint with their state board, since your payment was likely required to be kept in...