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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,717 total


  • Will my home if there is still not paid in full

    Can I put my daughters name on the mortgage so that it's hers when I pass away

    Cheryl’s Answer

    It might be best to draw up a simple will. A local attorney can help you with this. You don't want to put your daughter on the mortgage, because then it becomes her obligation and might inhibit her ability to get credit. The Garn-St. Germain Act provides that Heirs who inherit a house that has a mortgage on it are allowed to continue to pay that mortgage without taking on further obligation.

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  • How do I buy a home from family with little legal involvement?

    My elderly great-grandmother wants to sell my family her home. She is almost 90 and wants minimal legal involvement (ie...lawyers, agents, etc). She just wants to come up with a 20 year contract (her daughter (my grandmother) will take over when s...

    Cheryl’s Answer

    A good local attorney can help you and it shouldn't cost too much. Just be sure that great-grandmother is competent to make this decision on her own behalf so that you won't be challenged by other family members who may feel that GGMother may not have made a sound decision.

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  • One of my distant in law relatives made claim to an island named Niihau in the Hawaiian islands. How would I get it back?

    THE ROBERTSON'S have changed the name to the ROBERTSON'S islands. But it use to be called Sinclair island bought in 1848 by my great grandmother Elisabeth Sinclair. The ROBERTSON'S changed it's name after the last Sinclair HEIR died in 1987. = Gra...

    Cheryl’s Answer

    Chances are you won't be able to get it back depending on who is now claiming ownership. In Texas, the law of adverse possession allows one to claim ownership if that adverse possession remains in place for the last ten years. I am not sure what Hawaii claim period is, but your claim may be barred by the applicable Hawaiian statute of limitations. Best of luck!

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  • How can I get my real estate broker to pay me my commissions?

    My old broker owes me close to $3000. No, we do not have a written contract. I do have documentation detailing commissions earned and what I'm owed. I also have emails where in he stated he would pay me. Now he won't.

    Cheryl’s Answer

    I agree with Mr. Lautin. However, I always send the demand letter by both certified and US First Class mail. Get proof of mailing. That way, the broker has no excuse of not being notified if he fails to pick up or accept the certified mail Best of luck.

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  • Was Real Estate Agent's Conduct unethical?

    I was buying a house and during the option period the seller's agent did something that caused me to terminate the contract. I want to know if the conduct should be reported to the State authorities. Home inspection report identified defects. ...

    Cheryl’s Answer

    You may want to review the situtation with the agent's sponsoring broker.

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  • I have a real estate/real estate fraud related question.

    I have a foreign buyer looking to buy my property site unseen. They say they’ve visited my area multiple times and want to do a contract quickly, WITHOUT seeing my house (except the video tour online). They want to sign my contract, use my closing...

    Cheryl’s Answer

    Wires can be sent and REVERSED! The kicker is that they will suggest that they overwire the funds and ask for a refund from you. Then reverse it. However, most fraud occurs in the form of bogus cashier's checks. If it sounds good to be true, it usually is. Find a realtor - even though you may pay a fee, statistics show that it will be covered in the form of a higher sales price. Best of luck.

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  • How to make a property will

    I am a co-owner of a a house along with my son. In the event I pass away, I would like to nominate my son for the whole owner of the property. What kind if will is required for that, what are the steps, where to file it and how long is this process.

    Cheryl’s Answer

    If you have little or no assets other than the house to pass, then a Survivorship Deed might be for you. After the first co-owner dies, the survivor files the death certificate which automatically passes title to the survivor. The fee to prepare should be very reasonable.

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  • How can I get my daughters name off the deed to my house?

    I added my dsughters name to the deed to my house now she is trying to take my house!

    Cheryl’s Answer

    My colleagues have excellent advice. I would contact a local real estate lawyer or family lawyer to help you reach a settlement with your daughter.

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  • If you find a house and your aunt pays for it and you pay the bills whose house is it ?

    My aunt had told me that the house that she bought was going to be for me and my girls and fiancee who passed away recently, she has since changed it to her house and her sisters I pay all the bills they are in my name I am to pay for anything tha...

    Cheryl’s Answer

    She would need to give you notice. However, if you overstay, she could proceed with an eviction. You are not living rent-free, your services and maintenance are your rent. I would recommend reaching an agreement all could live with or make arrangements to move. Best of luck.

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  • Do I have the right to see my mortgage loan documents in advance?

    I'm about to go to my closing tomorrow. The lender and title company haven't sent me the documents that i will be signing. Do I have the right to have those documents with me for 24 hours or 48 hours so I can take them to a lawyer and have them re...

    Cheryl’s Answer

    To add to the advice, be sure you schedule quiet time at the title company for the review if there is a time issue. Often the title company can email docs to the lawyer for review. Be sure you don't lose your interest rate lock with any delay this review may cause.

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