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Erica Crohn Minchella

Erica Minchella’s Answers

446 total


  • How do I write this up?

    My father in law wants to give his interest in some property to my son. The land is deeded as tenants in common with my father in law and his brother. I have a copy of the document filed in the courthouse. If I understand correctly all my father i...

    Erica’s Answer

    There are a number of different ways this could be accomplished - Will, Trust, transfer with the retention of a life estate. Your method seems simple, but would require probate - which can be costly. It would be cheaper for your father to hire an attorney and explore his options than to let the courts and taxing authorities have at the transfer because it was not handled properly.

    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.

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  • I have loaned a good friend $110,000 to buy and rehab a home, which he plans to sell. I have a promisry note signed by him and

    notarized. But i would like to be more secure by placing a Mortgage an Note on the property. My question is in Ohio can i draw up the Note and Mortgage and then have it recorded or is a lawyer REQUIRED.

    Erica’s Answer

    You are never required to hire an attorney to handle your own legal matters. The question is whether you know enough about what you are drafting and what problems could occur if the documents are not draft correctly to avoid using a lawyer. Is it worth a $1000 to protect $110,000? Or is it worth saving the $1000 and hoping that you will do a good enough job to protect the $110,000?

    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.

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  • I am co owner of property. Two of the three want to sell. One party lives on property. How can we handle this?

    Property is in mine and my brothers name on deed. My brother and I want to sell the property but the third brother lives on property and does not. There are three piece of property total. How do we handle this?

    Erica’s Answer

    If you cannot come to an agreement with the brother who resides in the property, you and the other brother who wants to sell will have to hire and attorney and file a "partition" suit. They Court will then order the sale of the property. The resident brother will then either have the option of buying out you other two or getting his one-third share of the proceeds of sale. If you have to go to court, everyone loses, because the costs can be high and the value of the property may drop because of the forced sale. With this knowledge, you might be able to get your brother's cooperation..

    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.

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  • I'm married and husband is in nursing home after a severe stroke. his name is on mortgage and title, not mine.

    I can't afford to pay the mortgage. If I walk away from the house and my name is not on the mortgage or the title can I be sued or legally held accountable?

    Erica’s Answer

    The spouse of a mortgagor (the person who signed the mortgage), if they are not a signer, holds a "homestead" interest. It is an interest at a superior level to the mortgage company, unless you signed the mortgage to waive your homestead. In the event that you walk away from the property, you might be sued for the sole purpose of foreclosing out your homestead interest - not for money damages. If they don't sue you, the Lender has to worry about your trying to claim your homestead interest, so it is for their protection. It is not to get money from you. If they cannot serve you, they can publish the information about the foreclosure and effectively service you by the publication, so they can get rid of your interest in the property.

    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.

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  • Which is more successful in completing a short sale - a motion to sell or a motion to abandon?

    We would like to complete a short sale after filing Ch 7 - can we use the Chapter 13 forms for a Motion to Sell, or what is the most effective approach to get the lender to accept our short sale? It concerns us to file a Motion to Abandon because...

    Erica’s Answer

    I'm not sure makes a difference. There is nothing under any law or regulations I know of - Bankruptcy, the Rules governing the governments "encouragement" of Banks assisting homeowners, or otherwise - that would REQUIRE a lender to accept a short sale. If the Trustee has abandoned the property - which he or she likely has if you need a short sale to liquidate it - then you own the property again and you have the right to do anything you want with it. Whether the lender will accept a short sale is totally up to them. Obviously, they can only go after the property - not you personally for the debt.

    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.

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  • Can I legally leave my land contract without any issues, the seller wants to sue saying I breeched the contract?

    I entered into a land contract in Oct 2008 for a house at $146,000 putting $7,250 down at 5% interest, and we were required to come with a lump sum of the mortgage in Oct 2010 roughly 135,000. The refinance and appraisal on the house appraised at...

    Erica’s Answer

    It's impossible to answer your question without reviewing the document to which you are referring. You should find local real estate counsel and have them review the contract and advise you of your rights to rescind the contract or your liability for non-performance. All of that should have been spelled out in the agreement.

    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.

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  • I am a seller wanting to back out of sale

    I have an agreement to sell a home in Florida for Nov.01, with an FHA loan. The lender is doing a late desk review of the appraisal, and I'm asked to sign an adendum for Nov. 05. I'm told by the realtor that if I don't sign, "If you do not sign a...

    Erica’s Answer

    You need to look at your listing agreement for the answer to this question. If a Broker provides a ready, willing and able buyer, and the listing agreement creates a liability for you upon that occurrence, it is likely you will owe the Broker the money (and then they owe the selling agent their share).

    If you want to get out of this transaction, you may have other rights to do so. Obviously, your Broker, who is trying to protect their income, will not share those with you. You should hire independent counsel who have advise you properly.

    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.

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  • Jointly owned the house with partner but mortgage under my name. How can I get out if the other refuses to sell?

    I bought the house with my partner and jointly own the house. But in order to get a better rate, we used my name only for the mortgage. Unfortunately the relationship does not work out. How can I protect myself to get out of this? What are my righ...

    Erica’s Answer

    If you are both on title, you both have rights to the property, even if the loan is in your name alone.

    When my clients are purchasing property as partners, I ALWAYS remind them that this is a business transaction and requires a partnership agreement to cover contingencies such as the one you are living through now.

    If the two of you cannot agree amicably to resolve the matter, you will need to bring a "Partition Suit" in which the Court will help resolve the matter by forcing a sale of the house and a distribution of the proceeds. It is, of course, a costly prospect, making settling a much better solution.

    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.

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  • Abstract of judgment recorded against someone with my name

    Hello. I am in the process of refinancing my home and things were fine until the bank told me that there was an abstract of judgment recorded in the county with my name to it. I went to the court and saw the complaint but it was against someone ...

    Erica’s Answer

    Contact the plaintiff's attorney for the case that created the lien against your property and explain the situation. If they do not remove the judgment voluntarily, you can hire an attorney to sue them for "Slander of Title" or to "Quiet Title". There may will be punitive damages that can be assessed against that Plaintiff if you can prove you are not the person who was sued and that the property does not belong to the person who was sued, if you have to complete your lawsuit to clear the judgment off. You will need to hire an attorney to remove the judgment if it is not removed voluntarily.

    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.

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  • My house and property are being sold out from under me. What can I do?

    My Husband paid $70.000 in 1998 for 9792 sq ft lot and s, house for me before he passed away.There has always been a dispute w/ the city and county as to where the lot sits .So we were never given a deed. they offered to buy back from us in 1999 ...

    Erica’s Answer

    Your question is not one that can be answered without more information and documentation. If you have been given notice to quit within 30 days, you should immediately seek legal counsel in your area. If you cannot afford an attorney, get counsel from a legal assistance organization.

    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.

    See question