I basically agree with James' answer, but would like to point out that the minimum 15 years doesn't necessarily have to be by the current owner Plaintiff, but can include the time of provable adverse possession of his predecessors in title, called "tacking."
Probably yes and yes. BUT will depend on what documents you received from bank as part of short sale when it released its mortgage. You need to show all that to an attorney for opinion. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 985-8171. Since 1975.
Boundary disputes are always messy and require extensive analysis of the history of the boundary and adjacent landowners. You definitely need to consult with an attorney who specializes in real estate litigation.
Although it is illegal to disturb a monument or section corner, I've not found a law that protects survey markers, usually iron pipes.
With this form of joint ownership, upon the death of either, the survivor becomes sole owner the instant one dies. Therefor I must disagree with Mr Fredericks regarding an intestate share because the house would not go into your wife's estate if she predeceased her mother. You don't indicate why house title held this way- did they have it this way when you were married? Does your wife want you to have an interest in it? Would the mother sign a new deed adding you? To answer your main...
Julie, you were defaulted on July 16th. The surplus from May 3rd sale goes to whomever is next in line, presumably Plaintiff home equity lender. The senior lender is safe, already paid off due to the private sale. HOA is only a defendant because it filed a lien for unpaid assessments in 2010 and Plaintiff has to name all parties with recorded interests as Defendants. Plaintiff will probably end up with a deficiency judgment against you and Tom, jointly and severally. Where that ends up...
I agree with previous comments but more information needed; were trustees other family members? Have they been confronted and have they tried to explain or justify the transfer? How much money are you talking about? Most importantly was she competent at the time of transfer? I'm not sure what you mean by sign a cd... Is there a pending probate or was there a non-probate trust?
I sort of agree with Mr Frederick except for the adverse possession issue, which the encroachment agreement might prevent. It is absolutely necessary to have the recorded agreement reviewed by a real estate attorney. Most important is if it "runs with the land," meaning it is binding on all future owners or just the original parties.
You can probably assume that neighbors had survey and/or title insurance policy and are already aware of the encroachment and what sounds like a license, which...
You have obligation to return the premises in same condition as when rented regardless of who caused damage. Now you don't mention if the vandalism came from outside or inside. If outside the landlord should be responsible, and as other attorney mentioned, landlord might have insurance. If from inside, you might have to take care of it or landlord can use your security deposit.
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