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Erica Crohn Minchella

Erica Minchella’s Answers

446 total


  • Use of an existing road shared by two property owners

    If an existing road which was shared by two property owners who once agreed to allow the other to use the road in past years. Recently, the land has been sold to a new owner. The road starts out on the new land owner's property and halfway into ...

    Erica’s Answer

    The second land owner may still have an easement by necessity. If the parties can't agree amicably, they will need to hire legal counsel to sort this out - an expense that might be avoided by both parties by simply acting civilly.

    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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  • With a lease purchase, is the seller responsible for the home if it burns down? Should the seller upgrade their ins. policy?

    The house is Sold As Is

    Erica’s Answer

    You should address this contingency in your conveyance documentation, i.e. state who is responsible. However, as long as the Seller remains on title, he has an insurable interest. In the event the buyer walks away, or does not insure his interest, it is always a good idea to make sure a policy is in place.

    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 own a home in boynton beach and my ex husband will not leave the property

    im currently attempting a deein lieu and i have vacated the home and my ex husband moved back in with no right and will not leave he deeded the house to me in our divorce over two years ago and the bank is holding up the deed in lieu process until...

    Erica’s Answer

    Call the police and tell them that you have a trespasser in your property and ask them to have him removed. Make sure you have the quit claim deed he gave you available.

    Sometimes police won't get into what they see as a "domestic dispute". If they won't proceed, even if you file a complaint, hire an attorney to bring an eviction action against him. In that instance, the Sheriff is required by law to evict if there is a Court Order for possession and it should help you bring the matter to conclusion.

    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 neighbor has a 25' saguaro 7' from my home. Its leaning toward my roof,held up with stakes and rope. Help! what can i do?

    If this does not hold, it will take out my entire home. Neighbors noticed the lean and erected wooden stakes into cement and tie down ropes around the plant, but I have noticed an increase in the lean and fear that a good windstorm will take it out.

    Erica’s Answer

    I don't mean to be flippant about this -- but make sure your homeowner's insurance is paid up and that it will address this claim. Talk to your insurance agent about it. It is likely that your neighbor's insurance will be responsible, but that will likely be a resolution between your insurance company and theirs.

    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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  • Good faith money

    we put up 500.00 on a home to buy deal did not go owners owed on home could not pay off what they owed now they will not give us back our good faith money even though we were not at falt how do we get our money back

    Erica’s Answer

    There isn't enough information here. Did you put up the earnest money with a Broker or with the owner.

    You can make a demand for the return, but it will likely cost you more to sue than $500. You might try small claims court.

    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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  • Is it possible claim full rights to house

    after divorce where both parties are listed on property, how does one obtained full ownership on property after the other party has abandonded for over twenty years

    Erica’s Answer

    You would either need to go back into the divorce case for a resolution or file a suit for partition. Unless you can get this resolved amicably, the only way to resolve it is with a Court Order.

    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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  • How do we do a house transfer,not purchasing it just transfer

    My father in law wants to transfer the house to my husband now due to health issues. My questions is do my husband and I have to get rid of our credit card debt beofer the transfer can take place. We aren't purchasing the house it's just being tra...

    Erica’s Answer

    Is your FIL transferring the house to avail himself of Medicaid in the event his needs nursing care? If so, your family should be speaking to an Elder Law attorney. Your FIL might transfer the property only to have a sale forced to pay Medicaid.

    Your having credit card debt would not affect your ownership. If the credit card companies sue you for the balances, you might have a judgment placed as a lien against the property. But just having debt does not affect your ownership. If you are concerned about the amount of your debt and your taking ownership of the property, you might want to talk to an asset or estate planning attorney to help you determine the manner in which to accept title.

    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 sell my portion of a property with impunity?

    When I moved in with my partner seven years ago, in order to help my daughter I allowed her to get a mortgage on 48% of an agreed price for a property while I retained the other 52%. We had a document drawn up in that regard. Later she took a new ...

    Erica’s Answer

    The way you have drafted your question, there is an implication that you might have drafted a partnership agreement before transferring an interest to your partner. If you did, kudos. This is a topic I preach, write and counsel on regularly. Clearly, you have a road map for how to proceed forward.

    There is still, however, information missing from your post, without which it is difficult to advise you. You should contact a real estate agent about the value of the property - so you have a solid idea of what it is worth currently. Then there are some other options - a refi at the level she can afford with a note to you for the balance payable over time at a level she can afford and will help you get the money you need, or a partition suit to force the sale of the property, or some other possibilities that it is impossible to contemplate without more information. The likelihood of finding someone to purchase a 52% interest in a residence is slim, plus you would likely create some huge problems for your partner, which I suspect is not your intention.

    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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  • If I short sell my condo can the bank come after my other condo in another state?

    I own a condo in Portland Oregon. I want to short sell. I own a condo in Vancouver Washington I want to keep. If I short sell the Portland Condo will the bank come after my Washington condo?

    Erica’s Answer

    I'm afraid I can only give you a vague answer - It completely depends on whether a release of the bank's claim is negotiated when the short sale occurs. It is part of the overall negotiation and depends on the quality of your negotiator and the stance that your particular lender takes. Without knowing who the lender is, I can't give a better answer.

    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 girlfriend has moved out. I had signed a gift deed over to her, she will not sign back over. Can I get her off gift deed?

    I have made all payments, repairs, taxes etc. She has moved out and is living with her new girlfriend in another state.

    Erica’s Answer

    You should consult an attorney about filing a partition action to remove her from title. It might be that you will have to compensate her for a portion of the equity in the property. It is an expensive lesson, but when you purchase property with or gift to a co-owner that is not a spouse, it is a partnership and should not be entered into without a partnership agreement spelling out each partner's rights, obligations and how the property will be treated in the event that the partnership dissolves.

    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