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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total


  • Can someone sell land that has a lein on it to a relative for a small amount of money; & then that relative have a clean title?

    I was told that the money it sold for (can it be a small amount) would be given to the lein holders; thus giving the new owner a clear title. Can this be done?

    Cameron’s Answer

    Normally the lien is paid off at closing. Your title company should contact the lien holder for a payoff amount, and arrange for the payment. If the lien holder can't be contacted, a sufficient amount of money might be placed into escrow by the title company, or paid into a court in order to make sure that the lien is taken care of.

    Cameron Kelly
    www.cameronkellylaw.com

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  • Buying a foreclosed fannie mae property in co. There are so many exclusions to title docs. Is it necessary to buy insurance?

    On the short sale on a previous transaction they provided a contract delivering a clear title.

    Cameron’s Answer

    If I was personally purchasing the property, I would purchase the title insurance. Typically the cost of the insurance is minimal, and the protection is worth the price. Make sure that the policy you are purchasing is providing adequate coverage. This may mean asking the closer, or your realtor (and if you don't get adequate advice from these people, hire an attorney) to explain what the exceptions to the policy are, and whether they can be deleted from the policy.

    Remember that the title insurance policy goes beyond a typical contractual guarantee of clear title. For one thing, the title insurance policy will often cover your defense if you are sued relating to the property, or your costs to litigate title issues.

    If you have any further questions, please do not hesitate to contact me. www.cameronkellylaw.com

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  • What will happen if my husband defaults on his mortgage?

    My husband has a mortgage with a woman from a previous relationship. I am not on the mortgage or the deed. If he defaults, will that affect MY credit. If so, how?

    Cameron’s Answer

    It should not impact your credit, but you should still be careful. If a judgment is entered and you have joint accounts, the mortgage company could try to garnish funds in the accounts. In other words, you should be more worried about collection than the credit issue.

    If you have any other questions, please feel free to contact me. www.cameronkellylaw.com

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  • What will happen if my husband defaults on his mortgage?

    My husband has a mortgage with a woman from a previous relationship. I am not on the mortgage or the deed. If he defaults, will that affect MY credit. If so, how?

    Cameron’s Answer

    It should not impact your credit, but you should still be careful. If a judgment is entered and you have joint accounts, the mortgage company could try to garnish funds in the accounts. In other words, you should be more worried about collection than the credit issue.

    If you have any other questions, please feel free to contact me. www.cameronkellylaw.com

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  • How can a landowner of two adjacent residential plots change the property line between the plots without using a lawyer?

    I own two houses that are on adjacent parcels. I want to sell one house (House A), but before I do so, I want to change the property line to provide more land to House A. It seems like I should be able to do this inexpensively and without a lawy...

    Cameron’s Answer

    I agree with the previous responses. Although it may intuitively seem that you can adjust the boundary between two properties that you own without much trouble, in actuality, the size and distances between buildings and property lines are heavily regulated by local governments. For example, depending on how your city is zoned, you may have to have a minimum lot size of 10,000 sq. ft., or you may have a minimum lot size of 2.5 acres. You will also need to pay attention to the distances between any structures on the property and the side, front and rear property lines.

    In Minnesota, these requirements are enforced at the city or county level, and lot splits must be approved before they are recorded. While a good surveyor and a helpful city clerk/zoning administrator or planner may be able to help you through the process, most applications have an attorney involved at some level.

    I would recommend that you contact an attorney who practices in real estate and land use issues. The attorney will be able to assist in preparing the necessary deeds, and in helping you through the application process.

    If you have any questions, please feel free to contact me directly. Cameron Kelly Law

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  • Neighbor wants access our property and put in a narrow addition to fix water damage to his garage. What should I watch out for?

    I'm a home owner in California. Recently, our neighbor has asked our permission to work on our property so they may add a narrow, sloping section to his garage wall that is right against the property line so he may fix and prevent future water dam...

    Cameron’s Answer

    I would recommend that you hire an attorney locally to look at this. It would be reasonable for you to request that your neighbor pay for an attorney to review the situation and draft the necessary documentation since they are the ones benefiting from the situation. Simply tell them that you intend to allow them to construct, but want legal advice on how to document the situation first.

    You are right to watch out for the issues included in your question. First, you want to make sure that the contractor is licensed and insured since he and/or his subcontractors will be operating on your property. Secondly, you want any agreement to include a commitment by your neighbor to put your landscaping back as they found it. You may even want to go so far as to have the property surveyed and have an easement drafted for any encroachment onto your property. Without this, you could end up being the one with a problem when you sell.

    There are a number of other issues that could come up, including how this will affect drainage onto your property, and I would encourage you to have a conversation with an attorney who can go over the relevant issues with you in person.

    Cameron R. Kelly "http://www.cameronkellylaw.com">Cameron Kelly Law, LLC

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  • Can a 30 Days Notice to Vacate be served before the lease expiration date?

    My office lease will be expired on July 9. I notified the manager that I did not intend to renew the lease. He told me to give him a 30 Days Notice to Vacate after July 9. But I don't want to pay for extra rent since I don't use the office anymore...

    Cameron’s Answer

    The answer is going to depend on the terms of your lease, and the notice period required therein. Take a look at the notice or termination provisions and repost additional information.

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  • What would be a reasonable fee to just prepare a simple real estate purchase agreement?

    I will provide all pertinent information in writing related to exact property ID, location, names of all sellers, general things that need to be included, contingencies required, etc... Just want an attorney to draft to make sure properly worded. ...

    Cameron’s Answer

    I agree with the previous response, and would add that the cost of drafting the agreement can vary depending on how the other party reacts to the agreement. Remember that in most cases, the purchase agreement drafted by your attorney will be an offer, and the other side may be having an attorney or a realtor review the document. If the other party asks for changes, you may be looking at having your attorney either review a counteroffer, or redrafting the agreement. That said, I do agree that a purchase agreement alone (assuming that it is a simple residential transaction) will probably cost hundreds rather than thousands of dollars. However, you should know that if the attorney was doing everything that he or she should (reviewing legal descriptions and other due dilligence) that the cost may creep over 1k.

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  • If an owner (LLC) of a property grants an easement using it's DBA as the grantor, is the easement valid?

    Jones & Jones LLC owned a property to be subdivided. An easement was granted to the power company to run primary electricity, but the Grantor of the easement is Jones Construction, a DBA of Jones & Jones LLC. Is the easement valie?

    Cameron’s Answer

    If by valid you mean binding, the answer is probably yes. As long as the person signing on behalf of the DBA was a person authorized to grant the easement, the LLC will be bound to the terms of the easement.

    The other question is whether there is clear title to the easement holder. The answer to this depends on how the deed is drafted. If the easement is granted as JC, a DBA of J&J, LLC, and J&J LLC is the record title holder, then title is probably clear. if the easement is simply granted as JC, then you may have to have a new easement signed clearing up the chain of title.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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