Erica Crohn Minchella’s Answers

Erica Crohn Minchella

Skokie Foreclosure Attorney.

Contributor Level 14
  1. Is the person who wants to leave responisble for paying her portion of the rent for remaining 7 months of lease?

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    This is the reason to practice "preventative law", the same way you practice preventative medicine. If you are asking this question, it is unlikely you consulted an attorney before you signed that lease. The problem you are faced with is referred to as "joint and several" liability. That means that if all four signed the lease, the landlord can go after any individual or all of the signors of the lease. Bottom line, the landlord doesn't care how the rent gets paid, but all of the signors...

  2. Can we hold a home seller to inaccurate remarks made on MLS iin Virginia?

    Answered about 4 years ago.

    1. Charles Edward Mcwilliams Jr.
    2. Erica Crohn Minchella
    2 lawyer answers

    You can offer anything you want. You don't have a contract with the Seller until they accept your offer. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

    1 lawyer agreed with this answer

  3. Remove co-signer, add girlfriend?

    Answered about 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    Forgive me, but this is a topic that just makes me nuts! I answer questions from parties who are not married and are seeking to get into or out of properties they purchased with a party who is not their spouse and they did not pay attention to the fact that this is a BUSINESS arrangement and requires a partnership agreement. I encourage you to read my Legal Guide on Avvo about this subject or to read my blog at www.ecminchellalaw.com. I am posting the first of two blogs about just this topic....

    1 lawyer agreed with this answer

  4. How do I to get my $20,000.00 back that I put as a down payment from real estate agent who ignores my calls

    Answered over 4 years ago.

    1. R. Sebastian Gibson
    2. Erica Crohn Minchella
    2 lawyer answers

    If you want to prevent the home from being sold at auction, you need to act immediately to find legal counsel. If the real estate agent is licensed, it is likely that they will listen to the State Licensing Board if you file a complaint about their behavior. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in...

    1 lawyer agreed with this answer

  5. Short sale with a 12 month lease, tenant rights

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    If you have a signed lease, most likely the purchasers took subject to the lease. You should consult legal counsel in your area to protect your rights and prevent your eviction. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

    2 people marked this answer as helpful

  6. Misrepresenting a second mortgage for an investment property

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    I think you are asking if you are committing a fraud by not correctly disclosing the purpose of the loan. Furthermore, I think, just by the way you phrased the question, that you know what the answer is. If you intent is to reduce the amount of interest you would be charged for this transaction, you should consider the fact that a lower interest rate is generally only available for a personal residence and not for a second home. But... if you are planning on selling the house in three...

    2 people marked this answer as helpful

  7. Quit claim deed questions

    Answered over 4 years ago.

    1. Teri A. Walter
    2. Erica Crohn Minchella
    2 lawyer answers

    Although I do not practice in Texas, the information I give you should help you to get the information you need to complete the process of transferring title. Once you and your mom has signed the Quitclaim Deed, deeding the property to you, the property is, in effect transferred. The problem is, that no one else knows about it. The way you assure that you have given property notice is to "record" the Deed with the Recorder's Office in the County in which your property sits. They will let...

    2 people marked this answer as helpful

  8. Do you have to accept a condo left by quit claim deed.

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    If you did not sign the mortgage, you are not liable on it. You may get notices of the foreclosure if the Quitclaim Deed is recorded, but if you do nothing, the bank will foreclose your interest and you will have no further responsibility for the mortgage. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to...

    2 people marked this answer as helpful

  9. Do we have any legal rights?

    Answered over 4 years ago.

    1. Steven W. Ledbetter
    2. Erica Crohn Minchella
    2 lawyer answers

    Hmmm, and this was Family?? If you can get them to execute a Quitclaim Deed, you can, in fact, get their name off of title to the house and then proceed to rent it. If you are the only one who signed for the mortgage, you are the only one obligated to pay it. You would need to consult with an attorney about the oral or written agreements into which you entered with these people upon the purchase of the property to determine what rights you may have to go after them for contribution....

    2 people marked this answer as helpful

  10. Just bought a house with my boyfriend. How do I get him taken off the house?

    Answered over 4 years ago.

    1. Shawn B Alexander
    2. Erica Crohn Minchella
    2 lawyer answers

    It is so sad that we see variations on this exact topic almost every week on Avvo. Who has the most invested? Who has been paying the mortgage? If it's you, I would advise you to be really, really nice to him - and see if you can negotiate this out. Because otherwise your only alternative is to sue him for partition - which would be the Court ordered sale of the house with an equal distribution of the proceeds, if any. I recently posted a legal guide on Avvo for buying property with...

    1 lawyer agreed with this answer