Skip to main content
Erica Crohn Minchella

Erica Minchella’s Answers

446 total


  • Can a quick deed be reverse?

    i did a quick deed on my house to my son 9 months ago, can i reverse this? i have life estate.

    Erica’s Answer

    If you did not receive any "consideration" i.e. payment, something of value, for the Quit Claim Deed, you might sue to cancel it. That would be costly, but might accomplish what you are looking for. Having your son Quit Claim the property back to you is, of course, the less expensive and surer way to accomplish this.

    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 
  • Is Quit Claim Deed valid from husband to his father when original deed has both his name and wife's name?

    Woman is living in mobile home. Her husband has not been living with her, but never legally separated or divorced. Husband files quit claim deed in Florida to his father, but the original deed has his name AND his wife's name. They were both marr...

    Erica’s Answer

    Only the person who signed the Deed has deed away his interest. You cannot deed away an interest of another party on title without their signing the deed. Since 2006, the woman has owned the property with her father-in-law. This is one of those situations that cannot be solved in an online answering program. She MUST seek legal counsel in the area in which she resides.

    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 
  • Can I sell my 25% share of commercial property to a third party?

    I inherited 25% of commercial property a few years ago. All 4 of us agreed to sell it to a third party by way of owner-financing with the buyer making monthly payments. For the last year or so the buyer has been erratic in making the payments. Ca...

    Erica’s Answer

    The simple answer is "yes" if you can find someone who would be interested in buying a 1/4 interest in the property.

    If the buyer is not complying with the terms of the purchase, you may want to speak to your siblings, see if the contract can be canceled and find a conventional purchaser and get this over with.

    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 
  • We are wanting to buy a house next to ours but the gentleman lives in the nursing home and has just passed away.

    we have talked to his daughter and she says that they can't do anything with it because the nursing home owns it because of Medicad. Does the nursing home end up selling it? How do we go about buying it?

    Erica’s Answer

    It is likely that the State owns the house for reimbursement for Medicaid. You will need to wait until it is put on the market to make an offer, unless you can find what department of the State Medicaid agency deals with liquidation of assets.

    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 
  • My partner and her father co-signed a mortgage when we bought our house. She wants to add me to the deed. How is this done?

    We are in Norfolk, VA. She and I picked out the house together and planned to buy it together. When my credit was pulled, I had several things on there from companies I never heard of in states I never lived in. I wrote to each company to get t...

    Erica’s Answer

    YOU SHOULD NOT DO THIS WITHOUT AN ATTORNEY.

    Yes, you may be added to the deed, and, if you are paying the mortgage, you probably should be on the deed. But you REALLY REALLY REALLY should have a partnership agreement for how the property will get divided in the event that the two of you split up. (See my legal guide) You do this NOW while you still care about each other and want the best for each other, so you are NOT doing it when you are angry and hurt and want to get even.

    You should have your attorney make sure that the mortgage does not have a "due on sale" clause, if it does, there may need to be another method for protecting your interest rather than adding you to the deed

    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 
  • Regarding mortgage

    is it legal or possible to apply for home loans with two diffrent lender while under contract, if i dont think the first lender might not approve the loan for a certain reasons, while the loan is being processed, can i apply with another lender at...

    Erica’s Answer

    You certainly may apply with more than one lender, but be aware that every time your credit is pulled, it brings down your credit score by a few points. (Why? No idea)

    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 
  • Do I have a case against my lender?

    I bought a house last year in arlington Texas. I got into a local neighborhood stabilization program that was willing to pay closing costs as well as any non structural upgrades to the home. My wife and I had to take 3 classes(which I had to use v...

    Erica’s Answer

    You can probably seek redress of this situation either through the state agency that licenses mortgage lenders or through the state Attorney General's office.

    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 
  • Is it possible to swap a house and mortgage.

    I had my home loan modified but I am seriously looking to downsize from the house and mortgage. My credit is shot as I have filed for bankruptcy. Is it possible to swap my home with someone else that has a smaller home and is looking for a large...

    Erica’s Answer

    Swapping your house with another person who owns property against which there is a mortgage will not relieve either of you of your obligations on the mortgage.

    You might want to consider renting to each other and using the rental income as the basis for paying the mortgage.

    You should definitely see an attorney to work out the details of such an arrangement.

    The upside of the arrangement is that it will help maintain or improve your and the other homeowner's credit if you can keep to such an arrangement.

    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 
  • Someone forged my fathers signature on a quitclaim deed and the county approved it. Do I need to file a lawsuit?

    How do we go about getting this forged signature on the quitclaim deed taken care of? The name on the property is different than the name on the signature, so how can they accept a forged quit claim document and even accept the document with a dif...

    Erica’s Answer

    This might be a "Slander of Title" action. Which, if it is, may well come with sanctions and attorneys fees against the forger.

    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 
  • I recently bought a foreclosed home, a neighbor came to me afterwards saying he has a 5yr lease on my garage, what can i do?

    I purchased my home from an investor 11/10, who had purchased it at a judicial auction when the house went into foreclosure 1/10. The owner of the house who lost it in a foreclosure (so 2 owners ago) did a 5 year garage lease with a neighbor, ...

    Erica’s Answer

    In addition to Mr. Repay's answer, you should demand that the neighbor produce a copy of the lease.

    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.

    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